MANS is continuously monitoring implementation of anti-corruption policies, since the first such document was adopted. At the beginning of 2010, on the basis of all collected information we are developing Shadow Reports on implementation of the Action Plan (AP) that was in force until the end of 2009.
That material was used for developing amendments to the official report, adopted by the National Commission, established by the Government. At the first meeting in 2010, MANS submitted over 70 amendments to the Official Report and 6% of them were accepted by the majority in the Commission in the form of recommendations for 20 competent institutions.
We developed publication presenting activities of the National Commission from 2007 to 2009, providing information on implementation of the Action plan with case studies. The publication provides information about passive role of the Parliament in dealing with these issues, and presents overview of experiences of Parliaments in the
region. The publication was used as baseline material for MANS Fourth National Conference on Fight against Corruption and Organized Crime.
The Conference was launched by the Minister of Interior Affairs and Public Administration while ambassadors of the European Union, United States of America and United Kingdom opened the event, providing their opinion on anti-corruption reforms in Montenegro.
The Conference was attended by about 80 participants representing all branches of power, international community, local NGOs and media.
Presenters included Deputy Speaker of the Montenegrin Parliament, four MPs from three parliamentarian political parties, as well as dozen foreign experts such as EULEX and the US prosecutors, expert for drug smugling from John Hopkins University, GRECO representative etc.
MANS representative was appointed by the Minister of Interior to the Task Force for development of the new Strategy for Fight against Corruption and Organized Crime. We have provided numerous inputs for that document related to our field of work15, participated at nearly 30 meetings and developed the new Strategy.
In parallel with development of the Strategy, the Government was in secrecy developing new Action Plan for Fight against Corruption and Organized Crime. After analyzing that document, we advocated for its changes, with participation of civil society.
MANS representative was appointed to the new National Commission that is monitoring implementation of the Action Plan16. We have participated at two sessions of this body and upon our initiative the National Commission discussed the European Commission’s remarks from the Analytical Report, related to organized crime and corruption and “Balkan Warrior” case related to cocaine smuggling.
We proposed the National Commission over 200 concrete recommendations to adjust current Action Plan with obligatory findings and remarks from the EC Opinion on Montenegrin Request for Candidacy Status, which will be debated in 2011.
In parallel, we started monitoring new Action Plan with more than 260 activities, by submitting over 1.200 FOI requests to 65 institutions responsible for implementation of reforms.
Since statistics is Government’s only response to more and more frequent requests for concrete results in fighting corruption and organized crime, we decided to conduct analyses of final judicial verdicts to find out what is hidden behind statistics. However, it appeared to be quite challenging task.
We have submitted 304 FOI requests to all basic courts, but only every third court provided us with their final verdicts, and the others declared verdicts secret or in other ways avoided to provide those documents17.
The Ministry of Justice, as supervisory institution in administrative procedure, was supportive of such courts’ non transparent behavior, when deciding upon our appeals18. Decisions of the Basic Courts were mostly confirmed by the Administrative Court, whose verdicts are available at their web site. On the basis of obtained information, in 2011 we will develop analyzes of type of corruption cases hidden behind the official statistics and accessibility of judicial practices.
We organized performance to invite prosecution to start fighting corruption at the highest levels, instead of processing administrative corruption to improve statistics. This performance was our response to statements of the prosecution that they cannot follow some of our cases including possible criminal activities abroad, due to language barriers.
At the end of 2010, we have celebrated International Anti-Corruption Day by organizing performances and distributing awareness raising materials. We asked National Parliament to more effectively use its oversight function, to reduce misuse of power by the Executive and to change legislation that is causing malpractices.
