Pavličić: The resignation of Judge Moštrokol will not affect the 2016 attempted terrorism case
The resignation of Judge Vesna Moštrokol will have no impact on the duration of the proceedings in the case concerning the attempted terrorism on the day of the parliamentary elections, October 16th of 2016 – said the President of the Supreme Court of Montenegro Valentina Pavličić responding to journalists’ questions at today’s press conference, Antena M reports.
Pavličić stated that, as a member of the Judicial Council, she was informed that Judge Moštrokol had submitted a request for termination of her judicial office without stating reasons, along with a request to exercise her right to a one-year compensation in the amount of her last salary, in accordance with the law.
- The resignation of Judge Moštrokol will not affect the length of the proceedings in the case you are showing interest in - Pavličić said, adding that the judge herself had informed her, in a collegial conversation, that she had completed all obligations in the cases she had handled, including those of special public interest.
When asked whether the panel that decided the 2016 attempted terrorism case had completed its work before Judge Moštrokol’s resignation, Pavličić did not respond directly, but emphasized that her statements lead to a „clear conclusion“ that the resignation will not cause any procedural consequences nor require the proceedings to start over.
Denial of speculation about the reasons for the resignation
The President of the Supreme Court dismissed speculation that the reason for Judge Moštrokol’s resignation was her dissatisfaction with the alleged lack of meritocracy in the selection of Supreme Court judges.
She confirmed that Judge Moštrokol had been a candidate for the Supreme Court, but stressed that no appointment, neither to the Supreme Court nor to any other court, had been carried out outside merit-based criteria.
- If she had believed that the selection was not based on meritocracy, such a decision would be subject to review. I do not believe that this is the reason for her resignation - Pavličić said, adding that the request for termination of office had surprised her, given Judge Moštrokol’s long-standing professional integrity.
Pavličić noted that she had collegially invited Judge Moštrokol to address the Judicial Council before a decision was made on her request, but that she had been assured that „no other reasons“ lay behind the resignation.
Without prejudging evidence and judicial practice
Speaking about issues related to the evidentiary value of SKY communications, Pavličić stated that it would be irresponsible for the President of the Supreme Court to express positions in advance that could prejudice future judicial decisions.
- Something may be evidence in one case, and not in another - Pavličić said, emphasizing that the Supreme Court does not issue guidelines to judges outside specific proceedings and that positions are formed exclusively through decision-making in individual cases.
Pavličić stated that the Supreme Court „does not shy away from professional, responsible, or lawful decision-making“ and that its practice, through concrete rulings, will influence the harmonization of judicial practice in lower courts.