Centre for Civic Education (CCE) expresses its regret that the Special State Prosecutor’s Office (SSPO) continues to demonstrate a lack of the necessary seriousness and responsibility in handling cases with significant consequences for the public interest, thereby further deepening concerns about selective justice and the possible untouchability of certain individuals and entities.
Namely, on 12 November 2024, the CCE submitted a criminal complaint to the SSPO against unidentified individuals who, between 2019 and 2023, approved the payment of a total of EUR 4.9 million for the financing of secondary religious schools in Montenegro, contrary to the provisions of the General Law on Education.
The criminal complaint was based on the Report of the State Audit Institution (SAI) on the audit of the legality of financing religious communities from the state budget. The SAI issued a negative opinion regarding the compliance of these payments with the law. Its findings clearly indicate elements of abuse of official position and significant damage caused to the state budget.
Funds were allocated to religious schools on the basis of contracts and annexes, in accordance with Government conclusions. However, neither Government conclusions nor contracts and their annexes can be legally valid if they are not in compliance with the law, which was evidently violated in this case. Article 138 of the General Law on Education clearly prescribes the criteria for approving funding, including the economic cost of education, the number of students, programme group coefficients, and other measurable parameters. The SAI found that the Ministry failed to provide a methodology for calculating these costs, thereby preventing transparent and lawful allocation of budgetary funds and the establishment of safeguards against corrupt practices by public officials. This indicates irresponsible conduct by Ministry representatives and direct harm to the state budget, making it necessary for the SSPO to determine accountability through investigative actions.
However, Special Prosecutor Miroslav Turković adopted a decision dismissing the criminal complaint without providing any reasoning for such a decision. This represents a complete absence of even minimal transparency expected in cases of exceptional public interest.
The superficial handling of this case is further indicated by the fact that the decision refers to an alleged criminal complaint by the Montenegrin Helsinki Committee (MHC), without any explanation of its supposed connection to CCE’s complaint. A representative of that organisation publicly stated that no criminal complaint had been submitted to the SSPO. Such inaccuracies point to a lack of due diligence by the prosecutor in handling this case.
Furthermore, the SSPO’s decision does not even specify the subject of the criminal complaint, which is particularly problematic given that CCE has submitted several complaints to the SSPO. Such vagueness prevents the effective use of legal remedies. This is compounded by factual errors, including the incorrect date of the supplementary submission, referring to a date that had not yet occurred at the time (28 December 2025). Unless time travel is involved, this represents yet another instance of negligence in the prosecutor’s conduct.
All of the above indicates an overall lack of commitment to a case involving unlawful disposal of millions of euros from the state budget when certain actors are concerned. The absence of reasoning, inaccuracies and contradictions in the decision, as well as the selective approach compared to cases involving significantly smaller financial amounts, raise serious concerns about the existence of protected structures within the jurisdiction of the SSPO. It also remains unclear which criteria the prosecution uses to determine priorities and whose interests are being protected by such an approach, as it is evident that the public interest is not among them.
For these reasons, CCE has submitted a complaint to the Prosecutorial Council regarding the conduct of Prosecutor Turković, requesting that the Council, within its competencies, review the handling of this case and take a position. Unlawful disposal of public funds represents a serious societal risk and requires the full attention and a professional response from the competent authorities.
CCE expects the prosecution to act consistently, transparently, and without selectivity, supported by thoroughly reasoned decisions. Only such conduct can strengthen public trust and ensure that the prosecution fulfils its role in protecting the public interest and upholding the rule of law.
Dr Ivan Vukčević, Human Rights Programme Coordinator