VZCZCXRO6851
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHPOD #0056/01 0611457
ZNR UUUUU ZZH
P 021457Z MAR 09
FM AMEMBASSY PODGORICA
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEHNO/USMISSION USNATO PRIORITY 0102
RUEHPOD/AMEMBASSY PODGORICA 1285
RUEHC/SECSTATE WASHDC PRIORITY 1197

UNCLAS SECTION 01 OF 02 PODGORICA 000056 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EUR/SCE, EUR/ACE AND INL;  DEPT OF JUSTICE FOR OPDAT 
AND ICITAP 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KCOR KCRM KJUS MW
SUBJECT: MONTENEGRO PUSHES MAJOR CRIMINAL JUSTICE REFORMS 
 
REF: (A) PODGORICA 0014 (B) PODGORICA 0013 
 
PODGORICA 00000056  001.2 OF 002 
 
 
¶1. (SBU) SUMMARY: After months of deliberation, Montenegro's 
Justice Ministry has finalized the text of a revised Criminal 
Procedure Code.  The GoM also has taken steps to establish its 
first-ever multi-agency investigative task force.  The revised 
code will bring far-reaching changes to Montenegro's criminal 
justice system, introducing prosecutor-led investigations, plea 
bargaining, and a reversal in the burden of proof in money 
laundering cases.  The new task force -- or "Joint Investigative 
Team" -- will bring together police, financial intelligence, 
customs, and tax investigators under the leadership of the 
special prosecutor for organized crime and corruption.  The task 
force, especially when reinforced with the revised code, will 
provide the authorities with a potent tool to use against major 
organized crime networks.  The U.S. and other donors are 
coordinating training and assistance for both initiatives.  The 
international community will also be watching intently to see 
how -- or if -- Montenegro uses these new tools.  END SUMMARY. 
 
 
 
New Criminal Procedure Code for Montenegro 
 
------------------------------------------- 
 
 
 
¶2. (SBU) Minister of Justice Miras Radovic met with Ambassador 
and Resident Legal Adviser on 19 February to review progress of 
major reforms in the criminal justice system.  Radovic said that 
he is pushing to finalize a revamped Criminal Procedure Code 
without delay and submit it to the cabinet with the 
recommendation that it be passed into law.  The revised code, 
with over five hundred provisions, will transform Montenegro's 
criminal justice system.  In particular, it abandons the 
traditional role of the investigative judge, replacing it with a 
system in which the prosecutor leads the investigation and 
ultimately brings the case to court.  Radovic indicated that 
plea bargaining will be available for all crimes tried in the 
countries' fifteen basic courts and all property crimes.  He 
added that the plea bargaining process is expected to improve 
efficiency in docket management, and if all goes smoothly in the 
basic courts, could lead to an acceptance of plea bargaining in 
the two higher courts where organized crime and other serious 
crimes are tried (i.e., those charges which involve sentences of 
more than ten years). 
 
 
 
¶3. (SBU) Minister Radovic said that he plans to submit the final 
draft of the code to the cabinet at the earliest opportunity. 
However, because of the March 29 elections, the Parliament would 
not be expected to act on the new legislation until early June. 
Under the draft bill, the code will become effective one year 
after the date of passage. This will allow for re-training 
current judges, prosecutors and police, as well as hiring and 
training new prosecutors. 
 
 
 
Moving Forward on Joint Investigative Task Force 
 
--------------------------------------------- --- 
 
 
 
¶4. (SBU) According to Justice Minister Radovic, formation of the 
Joint Investigative Team, consisting of police, customs, tax, 
FIU, and anti-corruption investigators led by a member of the 
Special Prosecutor's office, may likewise be agreed within the 
next month.  At the request of Chief State Prosecutor Ranka 
Carapic, RLA had previously provided a model Memorandum of 
Understanding, under which investigators from six government 
agencies will pursue complex organized crime and corruption 
cases.  Representatives of each agency will meet in two weeks 
for an orientation seminar on task force operations, in which 
the RLA and ICITAP advisor will participate.  In a private 
conversation with the Ambassador on February 13, PM Djukanovic 
voiced support for the initiative. 
 
 
 
¶5. (SBU) Once up and running, the task force will operate 
throughout the country, with activities intended to include 
undercover surveillance, developing informants, forensic 
accounting and other sophisticated investigative techniques, as 
well as international cooperation.  Chief Special Prosecutor 
 
PODGORICA 00000056  002.2 OF 002 
 
 
Stojanka Radovic has told RLA that she is optimistic each of the 
agencies expected to participate will sign the proposed 
Memorandum of Understanding. 
 
 
 
COMMENT 
 
------- 
 
¶6. (SBU) With NATO and EU accession in the forefront of the 
GoM's foreign policy agenda, rule of law reforms and building 
judicial capacity are high priorities.  Passage of a new 
Criminal Procedure Code and the establishment of an 
investigative task force represent major milestones for the GoM. 
 Asset forfeiture, forensic accounting, and witness protection 
initiatives also will be important components of the overall RoL 
reform process.  It remains to be seen how quickly and 
effectively the GoM will put these new tools to use. The 
magnitude of the changes may well place Montenegro's law 
enforcement authorities on an entirely new level in tackling 
organized crime, but will likewise present a steep learning 
curve. One of our top priorities for bilateral assistance, as 
well as coordination with other international donors, will be 
helping the GoM ensure that these two initiatives fulfill their 
potential.  End comment. 
KONTOS