OSCE publishes Western Balkans Trial Monitoring Report, with recommendations for judicial reform in Montenegro

The Western Balkans Trial Monitoring report “From Paper to Practice”, developed within the regional project implemented in Albania, Bosnia and Herzegovina, Kosovo, Montenegro and North Macedonia, was published today with recommendations on how judicial response to organized crime and corruption cases in these five jurisdictions can be improved.

The report presents key findings and recommendations addressing issues identified through monitoring of 59 organized crime and high-level corruption cases in Montenegro in the period from July 2021 to March 2024. During project implementation, the project acknowledged some increase in the transparency of the work of the courts, achieved through adopting good practices, such as publishing hearing schedules and judicial decisions. The report noted that the recommendation to narrow the subject-matter jurisdiction of the Special Prosecutor’s Office, begun its implementation, which is another confirmation of reform that is underway. As the report shows, on its road to progress, some challenges have yet to be addressed, such as efficiency of proceedings, with few verdicts recorded and only two finalised cases during the implementation of the project.

“We extend our gratitude to the Montenegrin stakeholders, in particular the High Court in Podgorica, the Special Prosecutor’s Office, the Supreme Court, the Judicial and the Prosecutorial Councils, the Ministry of Justice and the Centre for Education of Judges and Public Prosecutors, with whom the project had extensive consultation in the past three years. They provided valuable support throughout project implementation, confirming Montenegro’s dedication to creating a sustainable and efficient criminal justice system,” said Head of Mission, Dominique Waag, adding that the Mission highly valued knowledge and perspective shared by Montenegrin NGOs consulted during this process, and is now pleased to share the report with a wider public.

Through trial monitoring and using the methodology adapted from the OSCE Office for Democratic Institutions and Human Rights (ODIHR), observers were present at every step of the process, allowing them to monitor the system and identify areas whose improvement would benefit the system in functioning more effectively. The tailor-made recommendations for Montenegro represent a detailed framework for progress that supports ongoing reforms. The report is a guideline with actionable and evidence-based steps designed to support Montenegrin stakeholders, with emphasis on those prosecuting and adjudicating cases of organized crime and corruption, in creating a first-rate judicial system that effectively responds to organised crime and corruption.

The release of the report will be followed by a regional expert-level event in Budva in September.

Regional Trial Monitoring Project is funded by the European Commission through the Instrument for Pre-Accession Assistance (IPA II).