BIRN Montenegro Urges Halt to Security Agency Law Over Threat to Democracy

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On July 29, BIRN Montenegro’s Executive Director, Vuk Maras, urged the European Commission, NATO, and the Council of Europe to call on the Government of Montenegro to halt adoption of the draft Law on the Agency for National Security (ANB), as it seriously threatens democratic standards, the rule of law and human rights in Montenegro.

Montenegrin PM Milojko Spajic and European Commission President Ursula von der Leyen. Photo: Government of Montenegro

Maras sent the letter to the European Commission President, Ursula von der Leyen, High Representative for Foreign Affairs and Security Policy, Kaja Kallas, European Commissioner for Enlargement, Marta Kos, NATO Secretary General, Mark Rutte, Council of Europe Secretary General, Alain Berset, and Commissioner for Human Rights, Michael O’Flaherty, warning that the law proposal was prepared without proper consultations, transparency, or legislative safeguards.

“Key concerns of the draft law include access to databases and information-communication systems without prior judicial approval, implementation of some secret surveillance measures without a court order and lack of any procedure for employment in the Agency. While we are aware that some democratic countries do have some of these solutions incorporated in their systems, the Montenegrin context makes such discretionary rights highly problematic,” Maras said.

He recalled that significant cases of misuse of surveillance of civil society, opposition, or media without proper judicial authorization are currently being adjudicated, including cases against a former Security Agency Director, Dejan Perunicic.

Maras stressed that Agency had never undergone systemic reform, or proper vetting of its current staff, and no accountability by its employees involved in illegal operations has ever been established.

“Considering these concerns, we respectfully request that NATO, the European Commission and the Council of Europe encourage suspension of any adoption of the draft law in its current form, facilitate or insist on a proper, participatory legislative process, and support introduction of proper judiciary oversight and scrutiny and independent review channels for alleged abuses,” Maras said.