{"id":5849,"date":"2009-06-23T14:28:42","date_gmt":"2009-06-23T12:28:42","guid":{"rendered":"http:\/\/www.mans.co.me\/en\/?p=5849"},"modified":"2016-02-02T15:06:00","modified_gmt":"2016-02-02T13:06:00","slug":"nepotism-and-clientelism-in-montenegro","status":"publish","type":"post","link":"https:\/\/mans.co.me\/en\/?p=5849","title":{"rendered":"Nepotism and clientelism in Montenegro"},"content":{"rendered":"

The Judiciary \u2013 Family Business<\/strong><\/p>\n

Although in their official statements institution representatives deny that there can be any reference to nepotism in Montenegro, the state of fact indicates that if we look at first associate editors, statesmen, directors, we can easily ascertain whether the supervisor originates from the tribe of Ku\u010di, Vasojevi\u0107i, Piva, \u017dabljak, Njegu\u0161i, etc.<\/p>\n

Doing favours, protectionism and pulling strings when hiring relatives or personal friends and party comrades, which is the definition of nepotism and clientelism, is not the exclusive characteristics of Montenegro. But in a country with approximately 650,000 inhabitants, such connections are more manifest and apparent, thus certain professions have become almost family businesses. The judiciary is one of them.<\/p>\n

\"MilanRadovic\"THE FAMILY:<\/strong> When a former judge Milan Radovi\u0107<\/strong> decided to exchange his judge\u2019s seat with the position of Secretary General of the Montenegrin Parliament, first in Bijelo Polje and then in the Higher Court of Podgorica, his nearest relatives remained loyal to the judiciary. It\u2019s just that, in the meantime, they advanced a few steps ahead in the judicial and prosecutorial hierarchy. Consequently, after his resignation in the Parliament, Milan Radovi\u0107 became one of the rare members of his family without a prominent title.<\/p>\n

His daughter Ana, after three years of training in the prosecutor\u2019s office of Podgorica, was elected Deputy Basic Prosecutor last year. His wife Miljana Radovi\u0107 also holds a deputy position \u2013 but to Supreme State Prosecutor.<\/p>\n

Radovi\u0107\u2019s paternal first cousin, Zoran Radovi\u0107, a longtime judge, who tried his hand at the position of a prosecutor in Bar, was elected President of the Basic Court in Podgorica several months ago. After taking office, he became the supervisor to his younger maternal first cousin, judge Radonja Radonji\u0107, who was once his trainee in the court of Podgorica. The opinions of the Court President, by duty, must also be obeyed by Zoran\u2019s wife Jelena Radovi\u0107, who is appointed as an expert associate with the Basic Court, where she has worked for several years.<\/p>\n

Radovi\u0107 says that he was recommended for all his previous positions, including his current one \u201cby results, and not kindred relations\u201d. In his response to the question proposed by the journalist of the TV programme Under the Magnifying Glass (Pod lupom), he claims to have been \u201cone of the best students of Law School in Novi Sad, and was awarded equally high marks before the Judicial Commission \u2026 he completed well all his reports by working previously as an expert associate with the Basic and Higher Court\u201d. \u201cMilan Radovi\u0107 is my paternal first cousin, I was introduced to Mira\u0161 Radovi\u0107 as an extraordinary judge of the Higher Court, and I met Stojanka Radovi\u0107 when I became the Basic Prosecutor in Bar. It appears that all those who are skillful should look for a job in some other country\u201d, concludes Radovi\u0107.<\/p>\n

Following his resignation from the Parliament, Milan Radovi\u0107 became one of the rare family members without a prominent title. His daughter Ana, after three years of training in the Prosecutor\u2019s Office of Podgorica, was elected Deputy Basic Prosecutor last year. His wife Miljana Radovi\u0107 also holds a deputy position \u2013 but to Supreme State Prosecutor.<\/em><\/p>\n

And while the President of the Basic Court answers to his tribe compatriot and namesake Mira\u0161 Radovi\u0107 (Minister of Justice) regarding his work and communication with his inferiors, he has asked for verification of laws in the Parliament by passing them on to Milan Radovi\u0107.<\/p>\n

The daughter of Deputy Secretary General of the Parliament Slobodan Dragovi\u0107, who is also daughter-in-law of Mihailo Banjevi\u0107, former chief of the Pension and Disability Insurance Fund and the Aluminium Plant, and one of the current directors of Atlas Group, Vesna Dragovi\u0107 Banjevi\u0107, is also appointed as a judge with the Basic Court. Banjevi\u0107\u2019s son-in-law, an investigating judge Miladin Pejovi\u0107 is employed with the same court.<\/p>\n

The same court is the place where justice is delivered by judge Dijana Radulovi\u0107, daughter-in-law of the professor at the Criminal Department of Law School and member of a group for drafting certain legal regulations Drago Radulovi\u0107, whose assistant and colleague is his son Darko.<\/p>\n

According to the definition from the Vujaklija dictionary, nepotism is a \u201cterm that refers to the behavior of individuals, mainly holders of political, economic, military or other types of power and influence who, owing to their privileged position, provide benefits and other advantages to members of their families, relatives or people close to them as opposed to other people\u201d.<\/p>\n

\"MiloDjukanovic\"TIES OF BIJELO POLJE:<\/strong> In a recent allocation of positions in the new Government of Prime Minister Milo Djukanovi\u0107<\/strong>, the ministerial position of Mira\u0161 Radovi\u0107 was brought into question, according to unofficial information, because of his kinship relation with the Special Prosecutor for organized crime, corruption and war crimes Stojanka Radovic \u2013 who is the Minister\u2019s daughter-in-law. This, however, was not a problem when Mira\u0161 Radovi\u0107 was elected Minister in 2006.<\/p>\n

The spouses of the Special Prosecutor and the Minister of Justice also hold offices in public administration, thus Novo Radovi\u0107, husband of the Special Prosecutor and brother of Mira\u0161 Radovi\u0107, is appointed as Deputy Director of the Tax Administration, whereas the Minister\u2019s wife and sister-in-law of Stojanka Radovi\u0107 \u2013 Mira Radovi\u0107, is employed with the Ministry of Education.<\/p>\n

The next of kin to the Special Prosecutor fights against crime as well, so the rulings of the Basic Court are signed by her brother Dragi\u0161a Baleti\u0107.<\/p>\n

The fact that residents of Bijelo Polje like to acquire riches in the capital of Montenegro is evident in the example of the family of Deputy Special Prosecutor \u0160u\u0107ko Bakovi\u0107. When Bakovi\u0107 was appointed to a term of office, his son Enis was hired as an expert associate in the Prosecutor\u2019s Office of Podgorica, meanwhile advancing to the position of Deputy Basic Prosecutor. After taking office, the current president of the Court of Appeals Vukoman Golubovi\u0107 \u201cpulled ahead\u201d his colleague and son Neboj\u0161a Golubovi\u0107 from the court in Bijelo Polje, who currently works with the Basic Court of Podgorica.<\/p>\n

This is where Lidija Mitrovi\u0107, wife of the Director of the Administration for Prevention of Money Laundering Predrag Mitrovi\u0107, also delivers justice.<\/p>\n

\"NebojsaMedojevic\"HIGH PLACES:<\/strong> Due to fear of clientelism, PZP (Movement for Changes) Leader Neboj\u0161a Medojevi\u0107<\/strong> has recently requested an exemption of judge Bla\u017eo Jovani\u0107, who administers the case of Nik\u0161i\u0107 Steelworks against Medojevi\u0107. Namely, the PZP leader has declared that Jovani\u0107\u2019s wife Vesna is employed as a clerk with Prva banka (The First Bank), whereas his brother is a driver to Aco Djukanovi\u0107, the majority owner of Prva banka. In a dispute against Medojevi\u0107, the Steelworks is represented by Ana Kolarevi\u0107, sister of the majority owner of Prva banka Aco and the Prime Minister Milo Djukanovi\u0107, and a good friend with Vesna Medenica, Chairman of the Supreme Court.<\/p>\n

Good family positions in the judiciary are also held by a former lawyer, Minister of Justice and the Police, Prime Minister and incumbent President of the State \u2013 Filip Vujanovi\u0107. His wife Svetlana is a judge with the Court of Appeals, member of the Judicial Council and President of Disciplinary Commission of that body. Her husband, by duty, announces the election of the Council and proposes two of its members (Svetlana was elected in the general session of judges).<\/p>\n

President of the Commission for Determining Conflict of Interest Slobodan Lekovi\u0107 could not answer whether there was a conflict of interest in the fact that the wife of the President of the State Svetlana Vujanovi\u0107 was elected member of the Judicial Council.<\/p>\n

\"VesnaMedenica\"This does not mark the end of family ties in Montenegrin judiciary. President of the Court of Kotor is a longtime judge Branko Vu\u010dkovi\u0107, and the judicial position in the same court is exercised by his wife Vesna Vuckovi\u0107. The Court of Bar employs judge Zoran \u0160upljeglav who is related to the Chairman of the Supreme Court Vesna Medenica<\/strong>, who has also had an impact in promoting the Special Prosecutor Stojanka Radovi\u0107.<\/p>\n

In a TV show Under the Magnifying Glass (Pod lupom), Medenica denied that she was protecting \u0160upljeglav as her relative acquired by marriage. Referring to Mrs. Radovi\u0107, she said that her work speaks volumes about whether she helped her advance. \u201cAs early as 1982, when I started working as a judge with the Basic Court of Kolasin, Stojanka Radovi\u0107 was Deputy Basic Prosecutor in Podgorica, which had jurisdiction over the Basic Court of Kola\u0161in. Our friendship dates back to those times\u201d, said Medenica. \u201cStojanka Radovi\u0107 was primarily recommended to be appointed Special Prosecutor by her professional work \u2013 almost 30 years\u2019 experience exclusively in the Prosecutor\u2019s Office, and her very committed work. I believe that in acting as a Special Prosecutor, she has convinced the Montenegrin public that she earned her position with her work, and not because she was elected at the time when the Supreme State Prosecutor happened to be her godmother. \u201c<\/p>\n

Editor of the Human Rights Action Tea Gorjanc Prelevi\u0107, however, assessed that, as long as standards for evaluation of roughly prescribed criteria for the election of judges are not specified, \u201cThere will be the possibility for significant supremacy of subjective evaluation of members of the election commission, i.e. arbitrariness over objective assessment of candidates.\u201d<\/p>\n

\u201cDuring the election of judges to the Higher Court of Podgorica in October 2008, it remains unclear know why the selected candidates had identical or even lower final scores with respect to other candidates. It is true that in this case no one complained (not suits were filed), but I think this is because there is still no confidence that the appeal will not be taken amiss during any subsequent competition\u201d, says Tea Gorjanc Prelevi\u0107.<\/p>\n

The fact that residents of Bijelo Polje like to acquire riches in the capital of Montenegro is evident in the example of the family of Deputy Special Prosecutor \u0160u\u0107ko Bakovi\u0107. When Bakovi\u0107 was appointed to a term of office, his son Enis was hired as an expert associate in the Prosecutor\u2019s Office of Podgorica, meanwhile advancing to the position of Deputy Basic Prosecutor. After taking office, the current president of the Court of Appeals Vukoman Golubovi\u0107 \u201cpulled ahead\u201d his colleague and son Neboj\u0161a Golubovi\u0107 from the court in Bijelo Polje, who currently works with the Basic Court of Podgorica.<\/em><\/p>\n

Despite the stated facts, Director of the Anticorruption Administration Vesna Ratkovi\u0107 believes that, as regards Montenegrin institutions, there can be no question of abuse. \u201cGiven the size of Montenegro, and its population, citizens are often interrelated with various kinship and social relations, and in these circumstances it is difficult to expect the society to be immune to this phenomenon,\u201d Ratkovi\u0107 affirms.<\/p>\n

\u201cThis should also be viewed in terms of social heritage and the process of transition of the Montenegrin society, which after all also applies to surrounding countries, and is often identified as the reason for the occurrence of such phenomena in other countries of the region on a similar level,\u201d she said.<\/p>\n

Noting that \u201cthere are circumstances that cannot be altered, such as size of the territory and population,\u201d Ratkovic says that this is the reason for \u201cintroducing clear rules for employment and career advancement, which are public, transparent and provide legal certainty.\u201d<\/p>\n

Vesna Ratkovi\u0107 claims that \u201cIn recent years, Montenegro has adopted a number of positive legal regulations which contain rules and procedures that are necessary for preventing nepotism and the introduction of objectivity, accountability and transparency. Thus, when hiring and offering promotion in certain areas, such as the profession of prosecutors and judges, rules have been established whereby the occurrence of these phenomena is reduced to the smallest extent. Likewise, when hiring employees to serve in state bodies via the Human Resources Administration, there are also objective criteria to start from and procedures to comply with, by means of which nepotism and clientelism are reduced to the minimum.\u201d<\/p>\n

Although in their official statements institution representatives deny that there can be any reference to nepotism in Montenegro, the state of fact indicates that if we look at first associate editors, statesmen, directors, we can easily ascertain whether the supervisor originates from the tribe of Ku\u010di, Vasojevi\u0107i, Piva, \u017dabljak, Njegu\u0161i, etc.<\/p>\n

Most of our interlocutors in informal talks say that if the rules were strictly respected, half of Montenegro would have to change jobs, because everyone is linked with everyone else in one way or another \u2013 at least as a friend.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Judiciary \u2013 Family Business Although in their official statements institution representatives deny that there can be any reference to nepotism in Montenegro, the state of fact indicates that if we look at first associate editors, statesmen, directors, we can easily ascertain whether the supervisor originates from the tribe of Ku\u010di, Vasojevi\u0107i, Piva, \u017dabljak, Njegu\u0161i,<\/p>\n

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