Centre for Civic Education (CCE) points out that the first-instance verdict in the “Tunnel” case has once again raised the issue of the necessary amendments to the Criminal Procedure Code (CPC), particularly in the part concerning the securing of evidence through sampling.
Two years after this case, the competent authorities have still not adopted the amendments that would prevent similar oversights from recurring. Instead of drawing lessons and ensuring a more efficient system, Montenegro still lacks an adequate legal framework for the securing of evidence.
We also remind that the unauthorized arrival of the then Prime Minister and his entourage at the crime scene, the taking of photographs, and the obstruction of the investigation represented a textbook example of the executive branch’s improper reaction. That media performance, showing no understanding of the seriousness of the situation or basic legal principles, may have even influenced the content of the first-instance verdict (all defendants were acquitted due to lack of evidence).
The current Government has likewise not demonstrated sufficient agility in addressing this issue. Nevertheless, the CCE welcomes the fact that the Ministry of Justice, in the Draft Law on Amendments to the CPC, has proposed provisions regulating the securing of evidence through sampling. These amendments stipulate that the court, at the request of the prosecutor or ex officio, may order sampling procedures when there is a risk to safety, health, hygiene, difficulty in preserving evidence, or high storage costs. The amendments also define the circle of persons present during sampling, the issuance of the sampling order, and the right to appeal. Although these changes represent a step in the right direction, it remains unclear why their adoption has been so delayed.
The CCE considers that the urgent adoption of these amendments is especially important given that the premises of the Higher Court in Podgorica still bear the presence of seized drugs that have been improperly stored in the basement for years. Such a situation not only compromises the authority of the court but also undermines public trust in the institutions.
The CCE asseses that urgent adoption of these amendments is crucial, particularly given that in the Higher Court building in Podgorica, the presence of seized narcotics can still be detected, drugs that have been improperly stored in basement rooms for years. Such a situation not only undermines the authority of the judiciary but also erodes public trust in institutions.
The CCE therefore calls on the Ministry of Justice to promptly submit to Parliament the proposal for CPC amendments, to finally ensure the proper preservation of evidence and prevent the shortcomings of Montenegro’s judiciary from becoming material for new Netflix scripts.
Ivan Vukčević, Human Rights Programme Coordinator