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02/11/2024JUDICIAL COUNCIL TO ENHANCE TRANSPARENCY AND PROTECTION OF JUDICIAL INDEPENDENCE IN MONTENEGRO
Human Rights Action (HRA) submitted a letter to the Judicial Council yesterday, urging the body to enhance transparency in its operations and safeguard judicial independence in Montenegro.
According to both the law and the Council’s Rules of Procedure, the Council’s work is intended to be public, with sessions generally open to the public. However, representatives of Human Rights Action have been unable to attend five sessions since June due to space limitations.
While we recognize the challenges posed by limited space, this excuse cannot justify denying public access to sessions that concern matters of public interest.
Human Rights Action has called for sessions to be audio-visually recorded and broadcast, as allowed by the Council’s Rules of Procedure (Article 20, Paragraph 7). Additionally, we have requested that announcements regarding scheduled sessions and agendas be published at least two days in advance, rather than on the day of the meeting.
Furthermore, Human Rights Action urges the Judicial Council to address statements made by senior government officials that undermine the integrity of the judiciary. This is in line with the Council’s fundamental constitutional duty under Article 126 to protect the independence and autonomy of courts and judges.
In particular, the Prime Minister’s recent assertion labeling judicial decisions as “shameful” and expressing discontent with court rulings involving “violent offenders” highlights the need for a response from the Judicial Council. Such remarks from high-ranking executive officials threaten the principle of separation of powers and unjustifiably erode public trust in the judicial system.
We call upon the Judicial Council to publicly outline the specific steps it will take to improve transparency in its operations and to uphold the principle of separation of powers in Montenegro.