MANS was monitoring implementation of Action Plan for fight Against Corruption and Organized Crime, based on main government policy in this area. We participated in the National Commission appointed by the government, responsible for implementation of the Action Plan.
During 2013 we submitted eight initiatives to the National Commission out of which four were revised and one adopted. Following our initiatives, the Commission expanded its composition to include Chairman of the Parliamentary Anticorruption Committee, asked Special Prosecutor for Corruption and Organized Crime to prepare report on previous prosecution of a famous drug lord and the Ministry of Justice to prepare special report on possible criminalization of illicit enrichment.
Finally, following our initiative, the Commission discussed European Commission Progress Report on Montenegro for 2013 and our proposals for improvement of concrete reforms. MANS participated in public debates on development of Action plans for Chapters 23 and 24 and provided number of proposals for improvements of reforms planned by these documents.
We organized National Anti-corruption Conference dedicated to fight against corruption and organized crime that was honorary opened by President of the Parliament and ambassadors of the European Union and the United States of America. Representatives of all three braches of power participated at the Conference, together with foreign experts, including famous undercover Federal Bureau for Investigations’ agent, Joseph Pistone.
We were participating in government working groups for development of the Law on Prevention on Corruption and the Law on Whistleblowers, but that process is ongoing. During 2013 we developed draft Baseline Survey of the public procurement system in Montenegro that contains analysis of legislative and institutional framework, overview of the amount and structure of funds, and corruption risk assessment.
MANS was monitoring transparency of courts in acting upon corruption and organized crime cases. We were collecting judicial verdicts from all courts throughout the country from their web sites and on the basis of freedom of information requests.
MANS conducted strategic litigation to increase transparency in this area through several sets of cases. We were challenging deletion of personal data on individuals that were found guilty for corruption, their companies and other information from decisions of the court that are provided to public.
MANS was requesting all documents held by the courts in major cases of corruption and organized crime cases for which final judicial verdicts were made, including evidences based on special surveillance measures. Since courts refused to provide this information we also conducted strategic litigation and advocated for more transparency.
MANS developed analysis of final judgments in over 400 corruption cases to provide an objective view of judicial performance in that area and look behind the official, quite impenetrable statistics. We analyzed official statistics, length of proceedings and the consequences of inefficiency on the part of judges and prosecutors.
We also analyzed use of covert surveillance measures for collection of evidences, dropping of charges by the prosecution and acquittals. In addition, the analyses included penal policy and impact of conviction as regards the confiscation of proceeds of corruption.
Special parts of the analyses focused at liability of judges and prosecutors and pardoning of persons convicted for corruption. On the basis of findings from the analysis we submitted five cases to the Prosecutorial Council and one case to the Judicial Council against prosecutors and judges who failed to make timely decisions, in line with the law.
Prosecutorial Council informed us only that they requested additional information from responsible prosecutors upon each initiative, but never provided feedback on final outcomes. Judicial Council provided no response.
We reported four prosecutors to the Supreme State Prosecutor for hiding information on their incomes and assets. Two cases were refused and for two remaining no response was provided.
