Ministry of Justice organized public debates on key legislation only with the goal to formally comply with the form, and not to really listen to the expert and general public in order to reach the best solution.
Representatives of MANS attended so-called debate on the Law on Special Prosecution, which served as a promotional set of the Minister of Justice where leaders of judicial institutions listened themselves and immediately afterwards left the room.
For this reason MANS will not participate in similar parodies of public debates, but rather we will written comments and amendments send to the Parliament. This especially due to the fact that the Ministry of Justice very well know what are the disadvantages of suggested legislation, and also why they missed to take from the Croatian law key norms that would ensure that the Special Prosecution really makes results in the fight against organized crime.
This is not the first and probably not the last time that the Ministry of Justice suggests legislation with obvious holes that allow criminals to evade justice, and why the judiciary and prosecution, even if they want, can not make results. Instead of specific solutions that are easy to find in comparative law and practice in other countries, the solution proposed by the Ministry managed by the former head of the notorious UDBA is to extend the time during when the police can listen and monitor citizens. When we consider that such measures are used to put pressure on the representatives of NGOs, especially MANS, in order to protect privacy of criminals, it is clear that the intention of that Ministry is not the fight against criminals, but against those who report the crime.
For many years from relevant international addresses Montenegro continuously receives objections that the need for clearly declared political will for the fight against organized crime and corruption is on a high level, and our country because of the lack of that will is called “mafia state” and safe harbor for local and international criminals. What the Ministry is doing right now with this Law is crystal clear manifestation of the lack of will of the state to seriously address the problem which in full trapped institutions of the system.
How much effort in the Government is invested in staging public debates in order to satisfy legal form, but not the essence of the process, it speaks for itself the fact that during August and holiday season, the Government at a public debate put as many as 13 laws. Among the sectors in this practice leads exactly the Ministry of Justice that nominated five laws, including the Law on Special Prosecution and amendments to the Law on Criminal Procedure.
MANS will not participate in fictitious discussions, but will to the Parliament and the international community deliver serious and professional reviews of proposed legislative solutions from which if they are kept like this benefits can only have party officials, corrupted politicians, and leaders of organized crime groups.
MANS
