Centre for Civic Education (CCE) was surprised with the information that the commission of Law Faculty, managed by Velimir Rakočević, found that he did not plagiarise his PhD. This information was brought to the public by Rector Radmila Vojvodić, during a press conference focused on current outcomes of reforms on the University of Montenegro (UoM). One of the indicators of success of those reforms, as well as the will to put the quality and knowledge before other non-academic occurrences, is precisely the case of Rakočević.
CCE has been warning the management of UoM and Law Faculty from February 2016 about the disputability of Rakočević’s PhD, as well as of his PhD thesis. In a constructive attempt to assist the bodies of UoM and Law Faculty, CCE submitted an extensive accompanying documentation related to Rakočević’s case. Unfortunately, instead of processing this case in an orderly fashion and in line with its authorisations – thus proving practical devotion to process of reforms, bodies of UoM and Law Faculty kept their mouths shut for months. Afterwards, CCE informed about the entire case the University in Belgrade and Law Faculty in Belgrade, where Rakočević defended his work. Once Rakočević assumed the position of dean of Law Faculty in Podgorica, previous stance of this Faculty changed abruptly. Namely, Council of Faculty managed by Rakočević, formed a commission which should have determined whether Velimir Rakočević plagiarised his PhD, on which the CCE was informed by the Law Faculty in Belgrade.
University of Belgrade
Faculty of Law
To Dean Professor Sima Avramović PhD
CASE: INFORMATION ABOUT THE FORMATION OF COMMISSION FOR THE VALIDATION OF ORIGINALITY, INDEPENDENCE AND SCIENTIFIC CONTRIBUTION OF DOCTORAL DISSERTATION “DETECTION AND SUPPRESSION OF DRUG ABUSE” BY VELIMIR RAKOČEVIĆ
Respected Dean, I inform you that today the Council of Law Faculty of University of Montenegro formed an international expert Commission, during a session held on 30/05/2016, comprised of the professors of Criminal Law, Criminal-procedure Law and Criminalistics for the validation of originality, independence and scientific contribution of doctoral dissertation “Detection and suppression of drug abuse” of Velimir Rakočević, defended in 2003 on the Law Faculty in Belgrade.
We will timely submit you the report of the Commission.
In Podgorica, 30/05/2016 DEAN
(stamp) Velimir Rakočević (signature)
NOTE: original scan available in Montenegrin version of this press release
Some media published the information on the composition of that Commission. CCE requested that information from the Law Faculty managed by Rakočević, and Rakočević did not submit it to the CCE, thus breaking the Free Access to Information Law, which is why CCE filed a complaint to Agency for Free Access to Information. This conveyed an interesting message of Dean of Faculty of Law in terms of how he perceives the law and legal obligations, as well as the conflicts of interest, and which guidelines for work people receive on Faculty of Law, those who should serve as protectors of law in Montenegro.
CCE did not have the opportunity to see the report of the commission in which it was previously stated that Rakočević’s PhD «contains every element of the original and independent scientific-research work which yields a certain contribution to criminal-legal science», and in which «the author, according to the existing rules, precisely quoted the opinions and findings based on the standardised method of disclosure of sources of the information».
While we await the official publication of this report, and the explanation of those who would sign such a document, CCE leaves the public to judge on the originality of Rakočević’s PhD with few examples of comparison of parts of that work, defended in 2003, and text of Obrad Perić PhD « International legal aspect of suppression of drug abuse», published in 1981. We truly believe that one needs no expertise to see the obvious.
Finally, when it comes to quotations and manner of disclosure of sources of information, it is interesting that from page 61 to page 70 of Rakočević’s PhD (copy from the library of Law Faculty in Belgrade which is in the possession of CCE), where these, as well as many other parts which are identic to some of the Perić’s text, published 22 years earlier, Rakočević did not refer to Perić in a single footnote. True, there are plenty of references to sources written in languages for which we still do not know for sure whether Rakočević knows them or not, but for which we do know that Perić PhD spoke and wrote fluently.
Daliborka Uljarević, Executive Director
NOTE: Translation of several examples which original scan is available in Montenegrin version of this press release
By observing this issue in countries of Europe, from 19th century onwards, we can notice that in Europe, which was sufficiently familiar with harmful effects of narcotic drugs, this did not cause some special level of concern. They believed that there was no specific risk for the health of people, customs and similar. Laws, which some of the countries adopted during that period (for instance, France in 1845, and similar happened in Sweden, Ireland and some other countries) related primarily to venoms and protection from these substances; these provisions were further applied to opium and morphine. Legislation inherent to narcotic drugs, which in fact encompassed the existing regulations, is characteristic for the first half of 20th century. Consumption of narcotics was thus more related to countries mainly populated by Muslims, and it started expanding in other areas later on.
Excerpt from “International aspect of suppression of drug abuse” – Obrad Perić PhD, page 72
In countries of Europe, from 19th century onwards, we see the absence of concern, in spite of the solid level of awareness on harmful effects of narcotic drugs. They believed that there was no specific risk for the health of people, customs and similar. Laws, which some of the countries adopted during that period (France, Sweden, Ireland) related primarily to venoms and protection from these substances. These provisions were further applied to opium and morphine. Legislation inherent to narcotic drugs, which in fact encompassed the existing regulations, is characteristic for the first half of 20th century. Consumption of narcotics was thus more related to countries mainly populated by Muslims, and it started expanding in other areas later on.
Excerpt from PhD thesis “Detection and suppression of drug abuse” of Professor Velimir Rakočević – Chapter II, International community and suppression of narcotic drugs – page 61
***
Still, despite the great number of significant international agreements, the issue of legal use, or prevention of drug abuse was not fully solved. Hence, they aimed to embody the obligations in one document and introduce new ones if necessary, considering the achieved level of international relations. This was done with the Single Convention on narcotic drugs, from 30 March 1961, even then partially, since it did not include psychotropic substances, hence they had to adopt new convention which would regulate this as well. This was done with the Convention on Psychotropic Substances from 1971.
Excerpt from “International aspect of suppression of drug abuse” – Obrad Perić PhD, page 73 and 74
In spite of the great number of significant international agreements, the issue of legal use, or prevention of drug abuse was not solved in its entirety. Hence, they aimed to embody the obligations in one document and introduce new ones if necessary, considering the achieved level of international relations. This was done with the Single Convention on narcotic drugs, from 30 March 1961, even then partially, since it did not include psychotropic substances, hence they had to adopt new convention which would regulate this as well. This was done with the Convention on Psychotropic Substances from 1971.
Excerpt from PhD thesis “Detection and suppression of drug abuse” of Professor Velimir Rakočević – Chapter II, International community and suppression of narcotic drugs – page 62
***
Convention even contained the limitations related to export of heroin, its salts and every specimen which contains them, except for those quantities which were necessary for medicinal and scientific purposes. Likewise, it imposed a special obligation to contracting parties to immediately inform the Permanent central committee if they approved the export of narcotic drugs in those countries which are not bound by this, or the convention from 1925.
Excerpt from “International aspect of suppression of drug abuse” – Obrad Perić PhD, page 73 and 78
Convention even contained the limitations related to export of heroin, its salts and every specimen which contains them, except for those quantities which were necessary for medicinal and scientific purposes. Likewise, it imposed a special obligation to contracting parties to immediately inform the Permanent central committee if they approved the export of narcotic drugs in those countries which are not bound by this, or the convention from 1925.
Excerpt from PhD thesis “Detection and suppression of drug abuse” of Professor Velimir Rakočević – Chapter II, International community and suppression of narcotic drugs – page 65
***
On the other hand there is an important provision, on which the signatories have agreed that, »if possible«, will train the staff for previous task, and likewise help these persons to gain the knowledge from that area. Such formulation of first, and especially of second provision, was necessary, since the convention went from a certain level of development of society when resolving this issues. Namely, there are few countries which could secure every condition in terms of treatment, trainings, technical equipment of certain institutions, staff and similar. Hence, a single broad formulation, accepted as an obligation, enables various transitions in national legislations: from the acceptance of minimum of obligations, to measures which largely exceed the provisions of the convention.
Excerpt from “International aspect of suppression of drug abuse” – Obrad Perić PhD, page 85
On the other hand there is an important provision, on which the signatories have agreed that, »if possible«, will train the staff for previous task, and likewise help these persons to gain the knowledge from that area. Such formulation of first, and especially of second provision, was necessary, since the convention went from a certain level of development of society when resolving this issues. Namely, there are few countries which could secure every condition in terms of treatment, trainings, technical equipment of certain institutions, staff and similar. Hence, a single broad formulation, accepted as an obligation, enables various transitions in national legislations: from the acceptance of minimum of obligations, to measures which largely exceed the provisions of the convention.
Excerpt from PhD thesis “Detection and suppression of drug abuse” of Professor Velimir Rakočević – Chapter II, International community and suppression of narcotic drugs – page 69