REMAND DETENTION IS NOT A PUNISHMENT – STOP THE UNFOUNDED POLITICAL ATTACKS ON JUDGES
Human Rights Action (HRA) rejects the call from the political party Democratic Montenegro addressed to non-governmental organizations to, as they stated, “raise our voices against the irresponsible behavior of courts that release criminals in record time after committing a crime.” We consider such calls to be disappointing populism, contrary to human rights.
We remind that the human rights of all people, including those suspected or accused in criminal proceedings, are protected by the European Convention on Human Rights, which has been binding on Montenegro for 20 years, a fact the Government celebrated today.
Once again (see below for previous HRA statements on the same topic), we emphasize that remand detention is not, and must not be, a punishment. According to the Constitution of Montenegro, the law, and international standards, it is only and exclusively a last resort to ensure the presence of the accused in criminal proceedings. If evidence is secured, and there is no proof of a risk of flight or repetition of the offense, anyone reasonably suspected of committing a crime must be released to defend themselves from the charges in freedom! This is regardless of the fact that politicians believe the person should remain in prison and be punished without trial.
The fact that someone is released from remand detention does not mean that they will not be sent to serve a deserved prison sentence, but only after a fair trial, which is a civilizational achievement also grounded in our country. The prolongation of trials and abuses occurring in this regard, which the Democrats mention in the same context, cannot justify abandoning respect for Article 5 of the European Convention on Human Rights, which rightly provides strict conditions for deprivation of liberty.
We warn that superficial political statements regarding judges and trials cause harm to the proper application of the right to reasoned criticism of court decisions, which is otherwise acceptable and desirable in a democratic society.
Such statements can also harm the realization of human rights in criminal proceedings. We do not want a state where politicians decide on remand detention, as such a state would be undemocratic, contrary to the rule of law, and would certainly not deserve membership in the European Union!
We emphasize that Democratic Montenegro, as well as other members of the ruling coalition, bear a special responsibility to refrain from arbitrary attacks on the judiciary. This political party certainly includes distinguished legal experts who understand human rights and the justified strict reasons for ordering and extending remand detention, so it is unclear why they do not influence such statements.
It is true that not only the Democrats reacted to the release from remand detention of the minor suspected of serious violence in Bar, but also the Bosniak Party. However, that party responded more cautiously, calling for a review of the decision, which indeed occurred, as the Court of Appeals issued convincing and legally grounded reasons for upholding the decision to release the minor after 9 days in remand detention, allowing him to participate in the criminal proceedings against him from home.”
In conclusion, we wish to emphasize that the recent horrific case of peer violence in Bar has deeply shaken all of us, as well as, we believe, the majority of Montenegro’s citizens. However, the problem of peer violence must be viewed much more broadly if we wish to address it effectively. In addition to the immediate individual responsibility of the perpetrators, it is essential to fairly assess the actions of all state institutions in combating peer violence and evaluate whether more proactive and purposeful efforts could have prevented the recurrence of violence among children, especially with increasingly severe outcomes. Such a responsible approach, which is precisely within the jurisdiction of the executive branch, as opposed to making judicial decisions, is what we expect from the Democrats and other political parties in the ruling coalition.
The recent measure taken by the Council for Children’s Rights, aimed at conducting an analysis of violence in schools, might be a step in the right direction toward a safer future.
