The decision of the Constitutional Court of Montenegro do declare unconstitutional the most provisions of the Law on financing political parties once again confirms that the judges of that court are not guided by the protection of the Constitution, but rather by the protection of political structures by whose will and political agreement they have been elected.
So the judges of the Constitutional Court in their decisions, among other things, determined that it is contrary to the Constitution to deny to the political parties to receive funds from individuals who are under investigation for corruption or organized crime. Therefore, the Constitutional Court accepted attitude of DPS that by doing that toward those people their presumption of innocence is violated. The Constitutional Court believes that to the brothers Saric and Kalic, Neser Keljmendi and other “correct guys” can not be denied to invest their money in a political party. It is not difficult to guess motives of those people to invest political parties, but it is incredibly worrying that the Constitutional Court has reasons to declare unconstitutional ban of such “financing”.
Because of that NGO MANS will soon file to the Constitutional Court initiative to review constitutionality of legal provisions that prohibit to persons under investigation employment in public administration and issuance of travel document. We expect that the Constitutional Court will stick to its clearly dubious position and will declare provisions unconstitutional. By that it will not be allowed to persons who are under investigation of corruption and organized crime to officially conduct state jobs, when they can freely finance those who perform those tasks right now. Also, practice has shown that prohibition of issuing of travel documents to such persons so far has not been a problem to travel and leave the country when warrant is issued against them and that together with senior officials of the party that they finance.
The Constitutional Court concluded that it is also unconstitutional to prohibit emergency social welfare during the pre-election campaign. So the Constitutional Court in essence concluded that it is contrary to the Constitution to buy votes with social aid, which is additional absurd. The judges of the Constitutional Court believe that it is also unconstitutional to prohibit employment for a limited time during the campaign, which sent a message to those who by political agreement recently elected them, that they can continue to buy votes by employing people. Prohibition of the formula “one employee-four votes” is grossly violated the Constitution. That is what believe the judges of the Constitutional Court.
In the decisions what obviously the judges of the Constitutional Court overlooked is that the annulment of those provisions remain in force provisions of the previous law which prescribed those provisions even strongly. So the judges of the Constitutional Court once again showed that they are not guided by constitutional interests, but rather by political and other interests. Otherwise, if they believe that this prohibition is unconstitutional, than they certainly should ban stricter prohibition. However, it seems that the Constitutional Court acts only when it receives a suggestion and order from political structures which are financed by Saric, Kalic, Keljmendi and other “correct guys”, even if this law “violated the basic human rights”.
The Constitutional Court believes that it is unconstitutional to prescribe protective measure of prohibition to those who carry out abuses, which especially point on by what the judges were guided during decision making, but also shows fear of sanctions even when they are just prescribed, and the institutions do not have capacity to implement them.
We remind that the judges of the Constitutional Court still did not make a decision on MANS’s initiative challenging the constitutionality of provisions of the Criminal Procedure based on which basic human rights are violated. That initiative is filed almost 4 years ago, and the same initiative was submitted 6 years ago in regard to the identical provision of the old Criminal Procedure. This fact clearly shows how much the judges of the Constitutional Court of Montenegro care about the Constitution and the protection of basic human rights.
Unlike acting on the initiative of MANS, the Constitutional Court on the suggestion of the DPS made a decision in two months. Therefore, when is needed to protect basic human rights of all citizens, then the Constitutional Court can not do that in 6 years. However, when under the suggestion of the DPS to protect the rights of Saric, Kalic, Keljmendi, and other individuals under investigation for corruption or organized crime, to give their money to that party and the right of the DPS to continue to be financed by those people, then the Constitutional Court shows unusual promptness.
Finally, the decision of the Constitutional Court and the passivity of the Supreme State Prosecution shows that the key institutions to the rule of law and protection of human rights and freedom, believe that the behavior of the actors in the scandal Snapshot is allowed and are wasted constant recommendations and requirements of the European Union that affair to be solved in court and to provide conditions of confidence in the electoral process. According to the decisions of the Constitutional Court and the SSP, the actors of the affair Snapshot can continue with brutal abuses in the organized way, without fear that the law will be applied to them. As long as these judges and prosecutors are sitting in these institutions chosen by them and who act only upon their request, their order, and only in the protection of their interests and the interests of people who finance them.
The Attorney of MANS:
Veselin Radulovic, Lawyer
