May 13, 2013


Statement
Regardless of the fact that the Cabinet of the President of Montenegro and the President himself, as well as the Ministry of Justice of Montenegro, kept informing the public of the decisions to give amnesty, due to the public interest and published report of the Council of Europe, the data are being stated again.

It should be stated that amnesty approach has been completely tendentiously treated by certain entities in Montenegro, which aim has not been to evaluate the relation to amnesty and resocialization of the convicts but to send unfounded insinuations.

Relation to the amnesties, apart from compliance with the regulations of Montenegro, respected goals and values contained in the conventions and recommendations of the Council of Europe, European imprisonment rules and European probation rules, which are related to the system of execution of criminal sanctions. No objection has been made within the Ministry of Justice that has been communicating directly with the international organizations experts, which would indicate that the Ministry of Justice was not guided exactly by these recommendations for its proposals for amnesties, which were particularly evaluated by the President of Montenegro.

In the five years mandate of the President of Montenegro, 1049 applications for amnesty were filed, out of which amnesty was approved for 362. In the structure of the given amnesties in 225 cases or in more than 62% of the total number of amnesties a replacement was made of the short-term imprisonment penalty for probations or fines. The question is about offences with a lower level of social danger where amnesty was justified by significant time span and personal and family situation of the amnestied person. Legal procedure of obtaining the opinion from the Center for Social Work, competent court and proposal of the Minister of Justice was strictly complied with in all the cases. In no case was the amnesty given without prior positive proposal of the Minister of Justice, which was founded on the positive social anamnesis of the competent Center for Social Work. Therefore, for really short monthly imprisonment penalties from which carrying out years have passed, as well as from which legal validity years have passed in almost all the cases, amnesty was given because sending to imprisonment was unnecessary taking into account significant time span from the aspect of resocialization.

In the structure of the said 362 given amnesties the penalties were reduced in the process of imprisonment for 137 convicts out of which in 117 cases penalties were reduced up to one, two or three months. Therefore, also in these cases reduction of penalties was done for a short period of time, whereby together with the previously specified opinions the Minister of Justice had also the opinion of the Institution for Execution of Criminal Sanctions. Opinion of this Institution referred to the fact that resocialization was done and further imprisonment was unnecessary and it was frequently because of the illness in the family of the convict or illness of the convict itself.

From the aforementioned it is clear that the demanding and long procedure regulated by the law was respected in relation to everything and in detail, and in no case the did the President of Montenegro give amnesty without receiving a positive proposal of the Minister of Justice, and in no case did the Minster of Justice give his approval without receiving positive opinions of the entities, who made their opinion prior to the Ministerís approval.


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