Centre for Civic Education (CCE) believes that the suspension of criminal proceedings against Milo Kadija, charged with discrimination based on ethnicity and religion, because of failure to appear of representative of the Basic Public Prosecutor’s Office of Cetinje, who was authorized in Kadija case from the Higher Prosecutor’s Office in Podgorica, which has initiated an indictment, creates a reasonable basis for belief in the prosecutor’s misconduct and certainly is not contributing neither to the establishment of a climate of tolerance nor to the fight against discriminatory behavior.
Taking into account that prosecutors have one of the key role in the enforcement of justice, the public needs to know the reason why the state prosecutor did not appear at the trial, by which he has obstructed the complete process. Despite the fact that he was duly delivered the summons, the State Prosecutor should have appeared for trial even by virtue of office, as well as for the reason of the character of criminal proceedings itself. Subsequently submitted request for the restitution of the case, which has been, only a few days from the decision of the judge Jovović, directed by the Basic State Prosecutor’s Office, represents a hindsight of the Prosecutor’s Office, not an adequate legal remedy. For this reason, the behavior of the prosecutor could be interpreted as further delay in the proceedings, although there should be already a final disposition until this date.
Negative practices do not contribute to the strengthening of confidence of citizens in the Montenegrin judiciary, nor to the prevention of discrimination on all grounds. The State Prosecution needs to, through law based examination of the some prosecutors’ work, considerably increase the level of responsibility and commitment, and thereby contribute that confidence in the work of the State Prosecutor’s Office finally begins to grow.