almanac on security sector oversight in the Western Balkans

The poor functioning of the judiciary in Montenegro is indicative of the specific problems
all state institutions face in the country. The legislative and executive branches
of power in Montenegro have been criticised for failing to respect the judiciary as a
separate branch of power.
A number of cases have been reported when state institutions, especially the police,
did not act upon court orders. For example, detention orders have been ignored,
usually without explanation. In addition, in complex cases, the police and prosecution
have failed to hand evidence to the defence. An example is the A.M. High Court
in Podgorica, where evidence was obtained through the use of special investigative
measures (CEDEM, 2011).
4 . Conclusions
Since the transition started, and especially in the period immediately after independence,
a number of positive steps have been taken to place the domestic security sector
under democratic civilian control. Much work, however, remains to be done. On a
positive note, Montenegro has completed its legal framework and created a number
of institutions for control and oversight. The role of the Parliamentary Committee
for Security and Defence (CSD) deserves special emphasis, having made significant
progress since the time of its establishment in 2005. On the other hand, state institutions
will need to establish a decent track record for their work in the future. Their
proper functioning in terms of both effectiveness and efficiency, along with continued
implementation of the law, will remain key challenges in the upcoming period.
Completing this task is important foremost for the country and the well being of its
citizens, but also for Montenegrin aspirations towards the EU and NATO membership.
5 . Recommendations
• The government (relevant ministries i .e . Ministry of Interior and Ministry of Defence)
should make a comprehensive plan of security sector reform, which includes:
subjects of the reform, means, cost-benefit analysis, and all other relevant information.
It should be available for public debate to allow citizen and civil society input,
and should avoid the top down approach of previous security sector reform efforts.
Additionally, it should be debated in the Parliamentary Committee for Security and
Defence. Finally, the document should be brought to a vote in the Parliament of
Montenegro. This document would set clear guidelines and a trajectory for reform.
• Efforts to strengthen Parliamentary Committee for Security and Defence (CSD)
need to continue. Both members of parliament themselves and civil society organisations
need to contribute to this process. New and practical ideas are needed from
the CSD. Bringing new faces to the CSD could be a catalyst for such change. Also,
yearly plans on the CSD’s oversight work should be adopted in a timely manner
and steps should be taken to ensure their implementation. The government should
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