Serbian Prosecutors' Association: VST Ignores Venice Commission, Politicizes Judiciary

The informal association of judges and prosecutors, "Odbrana struke" (Defense of the Profession), has voiced strong criticism against the High Prosecutorial Council (VST) for its recent session. The association alleges that the VST deliberately disregarded recommendations from the Venice Commission, implementing "punitive measures" against prosecutors deemed "unsuitable." This, they claim, is a continuation of political influence over the judiciary in Serbia.

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This looks like a punishment for legally and effectively conducting criminal proceedings that are not to the liking of the executive authorities, and represents a continuation of the obstruction of these proceedings.

"Odbrana struke" questions the criteria used by VST members in their voting, particularly concerning two prosecutors whose mandates were prematurely terminated. These prosecutors, Irena Bjeloš and Aleksandar Barac, handled sensitive cases like "Konjuh" and "Nadstrešnica." The association interprets their non-reinstatement as a penalty for legally and effectively conducting investigations that were not favored by the executive branch, thereby obstructing these crucial proceedings. They point out that council members who voted against their return offered no arguments.

The association also highlights the VST's continued practice of transferring prosecutors from lower to higher courts, specifically to the Higher Public Prosecutor's Office in Belgrade. Critics argue this practice favors one particular prosecutor's office while leaving many others across Serbia severely understaffed. "Odbrana struke" believes these actions indicate that the VST's objective is not to align with European standards but to fulfill an "agreement reached between the Supreme Prosecutor and the Minister of Justice."

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the goal of the Council is not harmonization with European standards, but the realization of the 'agreement reached between the Supreme Prosecutor and the Minister of Justice.'

Ultimately, "Odbrana struke" concludes that this conduct by the top echelons of the prosecution and the executive branch undermines the authority of the Venice Commission and disrespects the dignity of colleagues and the citizens of Serbia. This situation reflects a deep concern within the legal community about the independence and integrity of the judicial system in the face of perceived political interference.

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Such conduct by the top of the prosecution and the executive authorities nullifies the authority of the Venice Commission and insults the dignity of colleagues and citizens of Serbia.