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2008 Assessment

Montenegro: Integrity Indicators Scorecard

Montenegro : Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
77	Is there an appeals mechanism for challenging criminal judgments?	42
78	Do judgments in the criminal system follow written law?	25
79	Are judicial decisions enforced by the state?	25
80	Is the judiciary able to act independently?	81
81	Are judges safe when adjudicating corruption cases?	100
82	Do citizens have equal access to the justice system?	64

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

77a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: Every law allows for the right to appeal, Law on administrative procedures, criminal procedures code

77b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: "The efficiency of the judiciary suffers from serious institutional, legal, and organizational shortcomings....The significant backlog in both civil and criminal cases is a matter of serious concern," the report says.

References: Montenegro 2007 Progress Report, COMMISSION OF THE EUROPEAN COMMUNITIES, Brussels, Nov. 6, 2007

Peer Review Comments: "Backlogs in civil and criminal cases have been reduced. However, the still high number of pending cases and excessively lengthy procedures continue to give cause for concern.... There is still no clear strategy and procedural changes are lacking" (Montenegro 2008 Progress Report, p. 11).

77c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments: In many cases, the appeals mechanism is not an affordable option to middle class citizens.

References: Human Rights Action, National report on human rights appreciation in Montenegro

Do judgments in the criminal system follow written law?

78: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments: Judgments in the criminal system are often decided by factors other than written law. Bribery and corruption in the criminal judicial process are common elements affecting decisions.

References: Human Rights Action, National report on human rights appreciation in Montenegro

Are judicial decisions enforced by the state?

79: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: Judicial decisions are frequently not enforced especially in the case of politically-sensitive decisions.

References: Human Rights Action, National report on human rights appreciation in Montenegro

Is the judiciary able to act independently?

80a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: Constitution of Montenegro, Article 118

80b: In practice, national-level judges are protected from political interference.

Score:

100

Comments: "Pending the entry into force of implementing legislation to the new constitution, the existing system of appointing judges and prosecutors continues to apply. This system raises serious concerns of political interference. In particular, judges and prosecutors are elected by parliament, on a proposal from the Judicial Council and the Prosecutors Council. Both the Judicial Council and the Prosecutors Council are appointed by parliament. Under the existing system, parliament also decides on promotions, disciplinary proceedings and the dismissal ofjudges and prosecutors, on a proposal from the Judicial Council and the Prosecutors Council. A further risk of political influence arises from the fact that the government decides on the financing of the judicial system and also provides judges with apartments and loans without any clear criteria," the report says.

References: Montenegro 2007 Progress Report, COMMISSION OF THE EUROPEAN COMMUNITIES, Brussels, Nov. 6, 2007

Peer Review Comments: "New Law on Judicial Council adopted in February 2008, improving the independence of the judiciary.... However, serious concerns regarding the independence of the judiciary persist" (Montenegro 2008 Progress Report, p. 11).

80c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments:

References: Law on Courts, Article 8, 89

80d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: Constitution of Montenegro, Article 121

Are judges safe when adjudicating corruption cases?

81a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: No such cases were reported in the media.

81b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: No such cases were reported in the media.

Do citizens have equal access to the justice system?

82a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments:

References: Human Rights Action, National report on human rights appreciation in Montenegro

Peer Review Comments: The Roma may be occasionally discriminated against.

Peer Review Comments: Generally true, although there has still been no progress toward resolving the case of Bosnian Muslim civilians who were killed in 1992.

82b: In practice, women have full access to the judicial system.

Score:

100

Comments:

References: Human Rights Action, National report on human rights appreciation in Montenegro

82c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: Criminal Procedures Code, Article 64

82d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: State-provided legal aid is somewhat available to most impoverished defendants, because state legal aid is frequently incompetent or unwilling to fairly represent all defendants.

References: Human Rights Action, National report on human rights appreciation in Montenegro

Peer Review Comments: According to the U.S. State Department Montenegro Country Report on Human Rights Practices ([ LINK ]), "Defendants have a right to engage an attorney; however, an attorney is provided at public expense only when the charge carries a possible sentence greater than five years in prison."

82e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments:

References: Human Rights Action, National report on human rights appreciation in Montenegro

82f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments:

References: Human Rights Action, National report on human rights appreciation in Montenegro

82g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

References: Human Rights Action, National report on human rights appreciation in Montenegro