“Use of encrypted communications in the context of criminal proceedings: safeguards and challenges“ was the focus of the roundtable held in Budva in the framework of the EU and Council of Europe Horizontal Facility programme. The event gathered more than 80 relevant legal professionals, judges, prosecutors, lawyers, representatives of academic community in Montenegro and in the Western Balkans Beneficiaries, as well as the Council of Europe and the European Court of Human Rights. This meeting discussed and exchanged the experiences on the existing procedural safeguards and challenges with which legal systems in Europe are faced concerning use of crypted communications in criminal proceedings.
In the era of ever so fast expansion of digital communication space, many Council of Europe members are challenged by the manner in which they can adequately respond to the requirements of technological development while ensuring the principle of justness in judicial proceedings is observed. Use of crypted communications in criminal proceedings is an essential question requiring response by local, as well as international judicial authorities.
The meeting was opened by the representatives of Montenegrin judicial authorities, Council of Europe Programme Office and British Embassy in Podgorica. Ms Vesna Vučković, acting president of the Supreme Court, emphasised that: “… the balance between the needs of the repressive system to successfully combat organised crime and high-level corruption and the need of the system to refuse all the evidence gathered illegally will depend on the capacities of the judiciary and knowledge of individuals performing judicial functions.“ On the same note, Ms Tatjana Begović, acting Supreme State Prosecutor, and Mr Vladimir Novović, Chief Special Prosecutor, pointed to the importance of experience exchange with the countries in the region to better understand the matters concerning the use of crypted communications in criminal proceedings. “… we have to take into account that organised crime in this region has long assumed the shape and characteristics of transnational, while high-level corruption still has a stronghold in all the countries in the region”, conclueded Novocic. On behalf of the Council of Europe Programme Office in Podgorica, the Head of Office, Ms Lejla Dervišagić, addressed the event reiterating that: “The Council of Europe and its Programme Office in Podgorica are committed and ready to continue supporting Montenegro in rule of law and respect of Human rights reforms“.
The action “Strengthening accountability of the judicial system and enhancing protection of victims’ rights in Montenegro” is a part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye“, in co-operation with Chemonics, the action is supporting the Western Balkan Rules of Law Initiative (WBROLI) project financed by the United Kingdom Conflict, Stability and Security Fund (CSSF).
