Source: United Nations – Geneva
The Human Rights Committee today concluded its consideration of the second periodic report of Montenegro on how it implements the provisions of the International Covenant on Civil and Political Rights. Committee Experts commended the State for its measures preventing violence against women, while raising issues concerning historic human rights violations committed during the armed conflict in the former Yugoslavia and corruption.
One Committee Expert said the State Party had made notable progress in addressing violence against women, including adopting the Protocol on Prevention and Treatment in Cases of Domestic Violence and the National Plan for the Implementation of the Istanbul Convention. What measures were in place to ensure that legal reforms translated into effective enforcement and that penalties reflected the severity of the crimes?
Regarding serious human rights violations committed during the armed conflict in the former Yugoslavia, one Committee Expert expressed concern that impunity seemed to persist in many aspects. There was increased negationist discourse, including denial of the Srebrenica genocide. Could the State party shed light on the fight against denialist discourse? What measures were being taken to speed up investigations and prosecutions?
Another Expert said that in Montenegro, corruption was perceived as an aspect of great concern for citizens. What concrete measures had been put in place to ensure that cases of corruption by high-level officials resulted in appropriate convictions and penalties?
Introducing the report, Bojan Božović, Minister of Justice of Montenegro and head of the delegation, said implementing the Covenant’s standards was of great importance to Montenegro, which was now striving for membership in the community of developed European democracies.
Regarding violence against women, the delegation said that, in 2023, in addition to legal amendments, a mandatory instruction was adopted mandating all prosecutors to act proactively in cases of domestic violence and to apply the Istanbul Convention. Some 622 final judgements had been enacted on domestic violence cases in 2024, with the majority being convictions.
Mr. Božović said Montenegro had placed the prevention and suppression of corruption at the top of the policy and law enforcement agenda. In 2024, shortcomings identified in previous law enforcement practices were eliminated. There were also plans to adopt new legal amendments to enable the Agency for the Prevention of Corruption to have direct access to public officials’ accounts. Through the adoption of the Law on Lobbying, the State aimed to prevent undue influence in legislative processes.
Regarding historic human rights violations, the delegation said the most senior members of Government made efforts to memorialise the day of the Srebrenica genocide. Inappropriate statements would be sanctioned when made during elections. There had also been a resolution adopted in Parliament on the genocide in Srebrenica. There would no longer be impunity for war crimes in Montenegro and proactive action had been taken in this regard, the delegation said. Cases which had been finalised would be reopened and thoroughly examined. The strategy to combat war crimes was adopted in June 2024, which had resulted in four cases previously considered to be finalised being reopened.
In concluding remarks, Blagoje Gledović, Director General of the Directorate for the International Cooperation and International Legal Aid, Ministry of Justice of Montenegro, and alternative head of the delegation, said that over the reporting period, the State party had undertaken several reforms to promote civil and political rights and to meet the requirements for accession to the European Union. Montenegro remained committed to the implementation of the Covenant through national legislation and all other available measures.
Changrok Soh, Committee Chairperson, said in concluding remarks that the dialogue had covered a wide range of topics related to the implementation of the Covenant by the State party, highlighting the progress made and challenges faced. The Committee was committed to fulfilling its mandate to ensure the highest standard of implementation of the Covenant in Montenegro.
The delegation of Montenegro was made up of representatives of the Ministry of Justice; the Ministry of Human and Minority Rights; the Ministry of the Interior; the Supreme State Prosecutor’s Office; the Supreme Court; the Police Directorate; the Parliament of Montenegro; and the Permanent Mission of Montenegro to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-third session is being held from 3 to 28 March 2025. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Wednesday, 5 March, to begin its consideration of the second periodic report of Burkina Faso (CCPR/C/BFA/2).
Report
The Committee has before it the second periodic report of Montenegro (CCPR/C/MNE/2).
Presentation of Report
BOJAN BOŽOVIĆ, Minister of Justice of Montenegro and head of the delegation, said implementing the Covenant’s standards was of great importance to Montenegro as a relatively young United Nations member but an old European state, now striving for membership in the community of developed European democracies.
Montenegro had placed the prevention and suppression of corruption at the top of the policy and law enforcement agenda. In 2024, through amendments to the Law on the Prevention of Corruption, the work of the Agency for the Prevention of Corruption was enhanced, and shortcomings identified in previous law enforcement practices were eliminated. The State had continued to strengthen the anti-corruption framework in 2025, with plans to adopt new amendments to the law that would enable the Agency for the Prevention of Corruption to have direct access to public officials’ accounts. Through the adoption of the Law on Lobbying, the State aimed to prevent undue influence in legislative processes, increase institutional transparency, and increase the number of certified lobbyists registered in the official registry.
Amendments to the Law on the Judicial Council and Judges were adopted in 2024, improving provisions related to the functioning of the Judicial Council, the system of ethical and disciplinary responsibility for judges and their evaluation. Amendments to the Law on the State Prosecutor’s Office had also been enacted to enhance the autonomy, accountability, and efficiency of the Office and the Prosecutorial Council. In May 2024, the Government of Montenegro adopted the Judicial Reform Strategy 2024- 2027, accompanied by an action plan. Efforts were also being made to ensure the judiciary’s efficiency and sustainability through the Judicial Network Rationalisation Plan, which provided for the reorganisation of Montenegro’s court network.
Regarding domestic violence, Montenegro had largely harmonised its domestic legislation with international standards, with a goal of zero tolerance and maximum protection for vulnerable groups. The law amending the Law on Legal Aid, enacted in December 2024, guaranteed the right to legal aid for victims of torture, sexual offences, and children initiating proceedings to protect their rights. The Law on Protection from Domestic Violence would be aligned with the Istanbul Convention, refining the definition of violence and granting victims individual rights.
In the fight against human trafficking, amendments to the Criminal Code introduced abduction as one of the methods of committing the offence, as well as a non-punishment clause for victims. For the first time, child trafficking was established as a distinct criminal offence. Montenegro had developed a comprehensive system covering the entire process of trafficking, from victim identification to full integration or reintegration into society. This system was reinforced by strong and effective cooperation between competent State authorities and civil society organizations and steered by the Strategy for Combating Human Trafficking 2019–2024. Since its adoption, six annual action plans had been implemented. Following evaluation of the strategy, a new Strategy for 2025–2028 was currently being drafted alongside an action plan.
In 2023, Montenegro amended its Criminal Code to make the prosecution and execution of sentences for the criminal offence of torture no longer subject to any statute of limitations. Sentencing guidelines had been tightened, particularly for offences committed by officials. Additionally, activities had been carried out to improve accommodation capacities, living conditions, and the infrastructure of prison institutions.
The implementation of the National Strategy for Gender Equality 2021-2025 and its accompanying action plans was progressing successfully, with a focus on promoting gender equality, strengthening the legal framework for gender policies, and preventing discrimination based on sex and gender. The Ministry of Justice had significantly reinforced criminal law protections for journalists by introducing stricter penalties for attacks on journalists and other media workers.
In 2024, the Ministry of Justice adopted key amendments to the Criminal Procedure Code, allowing for the unimpeded use of evidence gathered within the framework of the International Residual Mechanism for Criminal Tribunals in The Hague. The Supreme State Prosecutor’s Office adopted the 2024-2027 Strategy for Investigating War Crimes, accompanied by an action plan. As a result, new criminal cases were reopened concerning war crimes in countries such as Croatia, with the goal of delivering justice in cases linked to Montenegro.
Questions by Committee Experts
A Committee Expert said the Committee would like to receive more information on the various strategies mentioned in the report, as well as specific information on their implementation. The State had launched a vast movement of reforms to strengthen human rights and the rule of law over the past ten years. While the European Commission’s 2024 reports issued in the run-up to European Union accession were rather positive on issues including judicial independence, the fight against corruption, equality and non-discrimination, some of the reforms reportedly remained superficial, were not always coherent, and did not include civil society. For example, there was no real human rights education and civic education was no longer compulsory. Could information be provided on the inclusion of civil society in the reform process? How was the second report prepared? What measures were envisaged to strengthen the independence, impartiality and the effective and efficient functioning of the Ombudsperson?
The issue of access to justice, truth and reparation for victims of serious human rights violations committed in the 1990s during the armed conflict in the former Yugoslavia was very complex. The Committee took note of the information provided by the State on ongoing investigations and trials, however impunity seemed to persist in many aspects, which was concerning. There was increased negationist discourse, including denial of the Srebrenica genocide. The exercise of criminal justice was said to have been marked by numerous dysfunctions and obstacles, which cast doubt on the State’s willingness to establish responsibility for the commission of these war crimes and crimes against humanity. There had been no proactive policy to establish criminal responsibility, not only for the direct perpetrators of war crimes but also for those responsible in the chain of command. A low number of remains of disappeared people had been found and returned to their families.
Could the State party shed light on the fight against denialist discourse and the policy of preserving memory, an important pillar of transitional justice? What were the reasons for the persistent legal obstacles, including to the extradition to States requesting it? What measures were being taken to strengthen the Special State Prosecutor’s Office to speed up investigations and prosecutions? Was there any specialised training for judges in international human rights law? What efforts were being undertaken to locate victims of enforced disappearance? Was enforced disappearance criminalised in domestic law in line with the United Nations Convention on Enforced Disappearance?
A Committee Expert asked if the State party could provide details on the content of the training sessions organised by the Training Centre of the Judiciary, Public Prosecutor’s Office and the Human Resources Management Authority on the Covenant? How many judges, prosecutors, lawyers and parliamentarians had participated in these trainings? Were these trainings compulsory or voluntary? Had there been specific modules focusing on the direct applicability of the Covenant in domestic law? Could the State party provide specific examples of domestic courts directly invoking or applying the Covenant in their decisions? Were there any initiatives to raise awareness of the Covenant among the public, civil society or law enforcement officials? How was it ensured that judges and legal practitioners actively implemented the Covenant in their professional practice?
The Committee welcomed the State party’s efforts to establish a comprehensive reparations programme for victims of war crimes, which had led to financial compensation for nearly 200 cases up to September 2018 and more than 60 additional decisions from 2018 to 2022. However, had the State party developed a comprehensive reparations programme that included restitution, rehabilitation, satisfaction and guarantees of non-repetition? If such a programme had been drawn up, would these measures also be offered retroactively to victims who had already received financial compensation but who had not had access to these types of measures? Had victims been provided with legal assistance to file their claims for reparations and, if not, did the Government plan to provide such assistance? What measures were in place to ensure legal and comprehensive support for victims and their families? What safeguards had been put in place to ensure that such crimes did not happen again? What steps have been taken to ensure that victims of war crimes in vulnerable situations had equal access to justice and redress mechanisms?
Another Expert said the Committee had learned that in Montenegro, corruption was perceived as an aspect of great concern for citizens. What concrete measures had been put in place to ensure that cases of corruption by high-level officials resulted in appropriate convictions and penalties? What measures were being implemented to strengthen the effectiveness of the Anti-Corruption Agency to ensure that it was not pressured by political influences? In 2022 and 2023, accusations against a former President of the Supreme Court and a former President of the Commercial Court, as well as two high-ranking prosecutors, highlighted the possible penetration of organised crime into judicial structures. The positive action that those unfortunate incidents generated attested to Montenegro’s progress in its fight against organised crime and corruption. Was Montenegro planning to improve the mechanisms for monitoring and accountability of judges and prosecutors to avoid conflicts of interest and increase public confidence in the judiciary? What were the real quantities recovered for corruption cases? Did the company “13.Jul-Plantaže” pay all the compensation to which it was sentenced? What efforts had been made to increase public education on corruption perception and prevention?
What specific mechanisms were in place to monitor and evaluate the implementation of the Law on the Prohibition of Discrimination, particularly regarding discrimination against the Roma, Ashkali and Egyptian communities? What measures had been taken to ensure the long-term sustainability of the enjoyment of decent housing for these groups, and to address the factors that led to Roma, Ashkali and Egyptian children dropping out of school? What steps were being taken to ensure the inclusion of these groups in high-level political positions and structures? In Montenegro, there was an increase in hate speech directed at minorities. Was the State aware of this phenomenon? What measures were being implemented to prevent, control and punish it?
Another Committee Expert asked about the strategy to improve the quality of life of lesbian, gay, bisexual, transgender and intersex persons, implemented in the periods 2013-2018 and 2019-2023. It was alleged that there was limited implementation of this Strategy and that most of the actions were carried out by civil society. Could more information on the strategy and its results be provided? Could the Committee have more information on the draft Law on the Legal Recognition of Gender Identity Based on Self-Determination, the approval of which was initially scheduled for the end of 2023 and then delayed until the end of 2024?
In July 2020, the Law on Civil Unions of Persons of the Same Sex was adopted and began to be implemented in July 2021. Since then, more than 20 civil unions had been registered. Could the delegation comment on information that amendments to the regulations necessary for the proper implementation of the Law had not been made? What measures had the State party taken to investigate attacks on lesbian, gay, bisexual, transgender and intersex persons and punish those responsible? What was being done to prevent these from reoccurring?
What had the Strategy for the Execution of Criminal Sanctions 2023-2026 achieved? Did changes to the Criminal Code bring its definition of torture in line with that of the Convention Against Torture? Was the Istanbul Protocol being properly applied in places of deprivation of liberty? It had been alleged that the medical reports issued in these facilities did not properly document traces of torture or ill-treatment in the manner envisaged in the Protocol. Why was this the case? Was it due to a lack of staff? Could the delegation provide updated official figures on the criminal investigations carried out and their results, including the number of officials convicted, for cases of torture and ill-treatment during the period covered by the report?
A Committee Expert said the State Party had made notable progress in addressing violence against women, including adopting the Protocol on Prevention and Treatment in Cases of Domestic Violence and the National Plan for the Implementation of the Istanbul Convention (2023-2027), as well as amending its Criminal Code to introduce new offences such as stalking and enhanced penalties for domestic violence. Despite these advances, significant gaps in implementation remained. Could the delegation provide updated data on the classification and prosecution of violence against women, particularly distinguishing between misdemeanours and criminal offences? What measures were in place to ensure that legal reforms translated into effective enforcement and that penalties reflected the severity of the crimes? What reforms had been undertaken to eliminate harmful usage of confrontation techniques?
Reports indicated that between 2020 and 2024, four out of six femicides involved victims who had previously sought help. It was noted with satisfaction that there were plans to recognise femicide as a separate criminal offence. What were the plans to ensure successful implementation of such a law? While the State Party had established shelters and helplines for domestic violence victims, these services remained underfunded and insufficient. Could the delegation provide updated figures on current shelter capacity and measures taken to ensure adequate and sustainable funding for these services? Could the delegation elaborate on plans to expand specialised services, such as psychological and legal assistance, across all regions? Could an update be provided on the full implementation of the sex offender registry and the enforcement of post-sentence monitoring measures? What were the main challenges in implementing the 2017-2021 Strategy on Prevention and Protection of Children from Violence and how were these challenges being addressed in the 2025-2029 Strategy? What legislative and policy measures were in place to combat online grooming and digital exploitation of children? How was it ensured that child victims of violence received adequate support?
Responses by the Delegation
The delegation said upon the initiative of the non-governmental organisation Human Rights Action, a new criminal offence of enforced disappearance had been introduced and would be recognised as an offence in the Criminal Code. The Law on the Prevention of Corruption was being amended, and two-thirds of recommendations from the civil sector had been accepted in this regard. In Montenegro, there had been three Federal Governments over the past three years, which had led to a large number of decisions enacted in a short period of time. There had been no intention to leave the civil and non-governmental organisation sector aside. It was common that the most senior members of Government made efforts to memorialise the day of the Srebrenica genocide. Sometimes, there were inappropriate statements made. However, it was hoped there would be less of these situations in the future and such statements would be sanctioned when made during elections. There had also been a resolution adopted in Parliament on the genocide in Srebrenica.
There would no longer be impunity for war crimes in Montenegro and proactive action had been taken in this regard. Cases which had been finalised would be reopened, and thoroughly examined. The strategy to combat war crimes was adopted in June 2024, which had resulted in four cases previously considered to be finalised being reopened. In addition to this, the Special Case Prosecutor Service would look into other cases which had ended in a final judgement. The Criminal Procedure Code was amended in June 2024, which had resulted in the inditement of a person for acts against humanity. Two criminal cases were currently before the courts for alleged war crimes committed on the territory of Bosnia and Herzegovina. These cases were treated as a priority and were given special consideration by judges. All victims of war crimes and their families were guaranteed access to justice and reparations. Concrete examples could be provided of cases where courts had already awarded damages.
In 2024, meetings had been held with the Chief Prosecutor in The Hague, and an initiative had been implemented to ensure training for Montenegro’s judges and prosecutors, based on the practices of The Hague. Montenegro had signed the Ljubljana Hague Convention on war crimes last year.
In 2023, the Criminal Code was amended to define the actions which constituted the criminal offence of domestic violence, as well as those who could receive safeguards under the law. Sanctions for this offence were also increased and verbal threats were criminalised. A mandatory instruction was also adopted, mandating all prosecutors to act proactively in cases of domestic violence and to apply the Istanbul Convention. A coordinator had been appointed at the level of the Supreme State Prosecutor and across local offices, providing periodic reporting and ensuring the speedy administration of justice. Some 622 final judgements had been enacted on domestic violence cases in 2024, with the majority being convictions.
There had been 364 applications for legal aid last year, and 318 of those cases were granted. A campaign had been developed to increase awareness of the availability of legal aid for all victims of domestic violence. There were also information bulletins on trafficking in human beings available in five languages at legal aid clinics.
Femicide was a serious, complex and tragic occurrence which needed to be tackled through various sectors. Monitoring this criminal offence was a key challenge for Montenegro institutions. Special focus was devoted to victims, survivors and surviving family members. In one case of femicide, the offender had been sentenced to 40 years imprisonment.
The Judicial Council recently appointed ten judges of the High Court, which was a positive step forward. The procedure was now simplified for recruiting new officers in the Anti-Corruption Agency. There were now sixteen prosecutors in the Special Prosecutor’s Office, compared to six a few years ago. The Centre for Training of Judges and Prosecutors tailored their training programmes annually. Through the legislation harmonised with the Covenant, Montenegro aimed to implement the top international standards, including those enshrined within the Covenant.
The Ministry of Human and Minority Rights focused on the protection of vulnerable groups, and the prevention of discrimination and inequality. There was now a new strategy in place until 2028, focusing on the legislative framework. This year, two million euros had been allocated for achieving non-governmental organisations’ projects. During the last Pride event, the organisers had commended the Ministry for its contribution. The Ministry was currently working on four important laws which addressed discrimination against the lesbian, gay, bisexual, transgender and intersex community, defined hate speech, and the forms of punishable behaviour, among other elements.
Official political representatives and the public shared the view that forced sterilisation and removal of reproductive organs was an inhumane practice which the State needed to do away with. A law had been developed in this regard, which would be enacted in the first quarter of 2025.
Work was being done to harmonise laws regarding the judiciary and healthcare. The new law on protecting human rights and freedoms would ensure the Ombudsman would receive “A” status and be in line with the Paris Principles. There had been imprisonment terms of between four to six months for those who committed attacks against transgender people. In most cases, courts primarily referred to the European Convention of Human Rights, thereby invoking relevant international standards. There had also been references to the Convention on the Elimination of Discrimination Against Women. International treaties had supremacy over domestic legislation.
Pride events took place in Montenegro’s capital each year. Last year, the event was held the day before an important local election. In the past, this could have been seen as an opportunity to radicalise the environment, however the event was held in complete peace. It was hoped this would continue, and that the Pride Festival could be an event of freedom.
There was zero tolerance for any form of torture and any officer reported was promptly investigated. In 2024, there were 21 cases against 38 police officers, with four resulting in convictions.
Follow-Up Questions by Committee Experts
An Expert asked about changes that the State party had observed regarding perceptions of stereotypes. The Committee was pleased that there were awareness campaigns and education initiatives around child marriages, but it was not clear if there had been a documented fall in child marriage. There had been legislative changes for the participation of women; had they given rise to the political participation of women in senior positions or in the Parliament? When would the next parliamentary elections be held? Would the State seek to ensure female representation was achieved? What had been done to monitor and prevent selective abortion practices?
A Committee Expert said the bill of law on gender determination could be adopted this year. When would it enter into force? Could more information on the restrictions in the bill be provided? The medical reports issued in detention centres did not faithfully report on allegations of torture following instructions contained in the Istanbul Protocol. Could the delegation elaborate on this?
Another Committee Expert asked whether a national mechanism responsible for enacting the recommendations of United Nations treaty bodies existed in Montenegro.
A Committee Expert asked what was being done to strengthen the institution of the Ombudsperson.
Another Expert asked if more information could be provided on measures to combat violence against children.
Responses by the Delegation
The delegation said there were many politicians who believed that there needed to be a mandatory quota of 50 per cent of women represented in politics. This was now in the stage of negotiations. Women were the most active within the judiciary and the State was proud of this. There were 169 female judges within the Montenegro judiciary, accounting for 64 per cent of all judges. An association had been established to promote the role of women in the judiciary.
The Supreme Court had supported analysis of the data, politics and practices in the fight against the exploitation of children. One of the recommendations of this analysis was for the Supreme Court to adopt guidelines on assessing the trust environment, which would be implemented in all cases of violence against children, including cases of online violence. Courts avoided secondary victimisation of children. Montenegro foresaw implementation of the Barnahus model, with the support of the United Nations Children’s Fund and the European Union.
Parliament made efforts to raise awareness on gender equality issues and to introduce its own gender equality mechanisms.
### Day 2
In 2024, the Government adopted a strategy for the protection of children against violence for 2025 to 2029, promoting a zero tolerance of violence against children. The State party planned to implement recommendations from the Global Status Report on Violence Against Children, and United Nations mechanisms under the strategy, which also aimed to improve the legislative framework and change conservative societal norms that denied children rights.
The national mechanism for the prevention of torture monitored torture at all levels, including in places of detention. The State party had accepted Universal Periodic Review recommendations and had established a body for their implementation.
There were restrictions within the law on self-determination of gender identity, but these were necessary to protect the rights of families. The law was applicable to Montenegro nationals only and had been well-received by members of the lesbian, gay, bisexual, transgender and intersex community.
The State party had mechanisms to prevent the misuse and abuse of laws on child marriage. There were exceptions allowing for child marriage, but several conditions needed to be fulfilled for such marriages to be permitted. In all other cases, child marriage was criminalised.
The mechanism for the protection of privacy rights in the health sector protected the privacy of patients. The Government could not access certain information on health cards, such as information on surgeries and abortions. The Government carried out awareness raising campaigns aiming to stop the practice of selective abortions.
New legislation was being developed that aimed to bring the Office of the Ombudsman in line with the Paris Principles.
Questions by Committee Experts
A Committee Expert said a deinstitutionalisation strategy had been adopted to tackle overcrowding in psychiatric hospitals. Had the Government devoted sufficient resources to the strategy, and did it promote community care? Detention facilities in police stations reportedly lacked natural light and did not have open-air spaces. What measures were planned to address this situation?
One of the judges of the Constitutional Court had reportedly been forced to resign due to a decision that was allegedly not in line with the Constitution. Was the independence of judges guaranteed by law? How did the State party prevent interference in the judiciary? There was a lack of hearing chambers and judicial staff, contributing to a backlog in cases. What measures were in place to address the backlog? Did the 2024 changes made to the law on the council of the judiciary help judges with their work? There were currently two Presidents of first instance courts who were on their third mandates, contrary to the law limiting tenures to two mandates. Why was this? What measures were in place to raise awareness about the availability of free legal aid?
Another Committee Expert welcomed the evaluation of the strategy for tackling trafficking in persons and the current strategy and national action plan. Some improvements had been made in trafficking policies, but significant gaps reportedly remained, including in relation to the identification of victims. The anti-trafficking unit was severely under-resourced and the labour inspection unit lacked the capacity to identify labour exploitation effectively. What measures would the State party take to strengthen the capacities of these units to better identify victims? There was only one shelter for women victims of trafficking and none for men. Psychosocial assistance for victims was limited and no victims had received financial compensation. What measures had the State party taken to separate child and adult victims in shelters, and to fund reintegration programmes for victims?
The Committee welcomed training initiatives on data protection and privacy rights, but public awareness of privacy issues remained low. What measures were in place to improve awareness and training for State officials on privacy issues? How many privacy complaints had been investigated? Were there plans to develop a data protection law? One State official had been indicted for ordering the surveillance of 15 members of civil society. The National Security Agency could access private data without court authorisation. Were there plans to introduce judicial authorisation for such access? What measures would the State party take to increase data protections and introduce remedies for victims of unauthorised data access?
There had been 92 attacks against journalists between 2021 and 2024, a 200 per cent increase from the previous period. What steps had been taken to enhance the safety of journalists, ensure accountability and prevent future attacks? What work was done by the commission monitoring attacks on journalists? Recent legal amendments had strengthened protections for journalists, but strategic lawsuits against public participation remained a major concern. How would concerns related to these lawsuits be addressed? Had the State party consulted with civil society concerning amendments to media regulations?
A Committee Expert noted laws and other measures implemented to protect the rights of asylum seekers and refugees, which seemed to be in line with European Union laws and policies. However, there were reports of increasing pushbacks at the border, deportation to unsafe countries and ill-treatment and detention of asylum seekers at the border for up to 28 days. How was the State party preventing refoulement and protecting asylum seekers’ rights at the border? Why were persons undergoing legal procedures related to statelessness not eligible for free legal aid? Reported restrictions on access to healthcare and other State services for stateless persons were worrying. The Committee welcomed that the State party had provided more than 16,000 Ukrainian refugees with temporary protection, but there were reports of Ukrainian children living in precarious circumstances and not being able to access State services. Could the delegation comment on these issues?
The environment for non-governmental organizations was reportedly hostile, with some persons who criticised members of the Government or denounced corruption reportedly subjected to reprisals. There was discourse related to a proposed “foreign agent law”, which would infringe freedom of expression. Would such a law be implemented? What measures were in place to protect whistleblowers?
One Committee Expert welcomed the efforts of the State party to revise its law on access to information in line with international standards. How did the law promote inclusion and accountability? There was reportedly a growing trend in classifying public information as restricted. What measures were in place to prevent the abuse of legislation on restricted information? What independent monitoring bodies could individuals appeal to regarding the restriction of information?
What measures had the State party taken to ensure that the implementation of legislation on religious practices promoted freedom of religion? Were the views of religious communities on these laws taken into account? What measures were in place to punish hate speech, particularly Islamophobic hate speech? What mechanisms existed to ensure transparency in the moderation of disputes between religious communities, and to protect the rights of minority religious communities?
A Committee Expert noted progress in the appointment of the Anti-Corruption Agency, which had released reports related to the financing of electoral campaigns. In the most recent election, regulations aiming to prevent corruption had reportedly not required candidates to record personal expenditure or spending on online advertising. The Agency had issued 46 proposals to improve measures for the prevention of corruption. How did the State party ensure that these reforms were effectively implemented? There had been accusations of vote buying; had these been investigated and the perpetrators punished?
Responses by the Delegation
The delegation said a strategy for the enforcement of criminal sanctions was in place to prevent acts of torture and other cruel, inhuman, or degrading treatment, and to promote the resocialisation of detainees. Reforms had been developed to prevent the abuse of prisoners, in line with the recommendations of the European Court of Human Rights. Construction had started on a special unit at a psychiatric hospital to resolve the issue of overcrowding. The necessary resources would be devoted to ensuring the proper functioning of this unit.
In 2023, based on the recommendations of the United Nations Subcommittee for the Prevention of Torture, the State party had approved measures to record the activities of police officers and the transfer of detainees, and to improve facilities for detainees in police stations. The deadline for implementing these was 2026.
The Government had adopted a judicial reform strategy in 2024, which aimed to strengthen independence, accountability, transparency and trust in the judiciary. Comprehensive legal reforms undertaken in 2024 had aligned the State’s judicial legislation with that of the European Union. The Justice Minister was a member of the Judicial Council, but only had limited powers; he did not participate in matters concerning the election, discipline and dismissal of judges and could not be the Chair of the Council. The participation of the Minister in this body did not affect the independence of the judiciary. Future amendments to the Constitution would remove the Justice Minister from the Judicial Council. When appointing Presidents of Courts, the Judicial Council took due care to assess whether the candidate had formerly been a President. Recent reforms called for the work of Supreme Court judges to be evaluated every five years. Restrictions were placed on the roles that judges could play when they were subject to disciplinary proceedings. A working group had been set up to regulate the employment rights of judges, including their wages. There were plans to increase the salaries of judges to ensure their independence.
The Supreme Court had taken several actions to reduce the backlog of cases and to speed up proceedings. There had been an increase in cases related to access to information; one individual had lodged 11,000 such cases. The State party had streamlined proceedings related to the assessment of access to information cases.
An amendment to the law on free legal aid was adopted in 2024. It provided for free legal aid for vulnerable persons and persons who lodged claims in specified fields, including domestic violence and child protection. The Government was implementing training to increase the number of legal aid practitioners, who needed to have specialised knowledge. An awareness raising campaign on free legal aid had been implemented, targeting victims of domestic violence. It had led to an increase in applications for legal aid.
The Government was implementing several measures to combat trafficking in persons. It had amended the Criminal Code to strengthen its response to trafficking. Abduction had been defined as a means of committing trafficking, and penalties for harming children and the sale of children had been increased. In 2024, the Supreme State Prosecutor’s Office implemented measures to improve the identification of trafficking victims, including through information exchanges with neighbouring countries. There had been an increase in the number of criminal offences of trafficking prosecuted in 2024. Some 14 charges were issued against 25 individuals in 2024 for crimes of trafficking for the purposes of forced labour and sexual exploitation.
The Ministry of Interior had undertaken several activities to strengthen the capacities of police officers and social and healthcare workers, to identify and support trafficking victims. The system for the protection of victims of trafficking had been improved, thanks to the establishment of a State-funded shelter for women victims of trafficking in 2024. Another shelter specifically prepared to house children was also operational; it had facilities for children with disabilities.
Courts had made progress in prosecuting trafficking cases. Imprisonment terms of at least 15 years had recently been issued for two persons found guilty of trafficking, and other persons had received shorter prison terms for trafficking offences. When Montenegro entered the European Union, a law on compensation for victims of trafficking would enter into force. Guidelines had been issued to judges on compensation for victims.
The Government strongly denied any allegations of violations of the rights of asylum seekers. Border officials had received training on identifying trafficking victims. A new law on the international protection of foreign nationals had been adopted in 2018, to increase the protection of their rights and the efficiency of the asylum process. This law was fully aligned with relevant European Union Directives. It ensured that decisions on asylum cases were reached within six months.
A draft law on data protection had been prepared and was currently being assessed. There were safeguards in place for the protection of personal data, including the personal data protection agency, which was mandated to regulate the processing of personal data by Government bodies. The law on the National Security Agency required records to be kept of officers who had accessed personal data. An amendment to the law had been approved by the Parliamentary Committee, which could visit the Agency and conduct checks on its practices. The new law aimed to increase the transparency of the Agency’s activities. Three charges had been lodged against the former Director of the Agency and another officer regarding unauthorised surveillance. These cases were currently pending.
The Government was promoting freedom of expression and strengthening legislation to protect journalists from attacks. A commission dedicated to monitoring attacks against journalists had been set up and was operational. It published reports and held regular meetings with officials on protection measures. The law on the national public broadcaster was amended in 2024 to prevent undue political interference in its activities and in the election of its members, in line with the recommendations of the Venice Commission. Prosecution teams had been set up to investigate the murders of three journalists.
The Parliament organised public hearings and debates on proposed legislation, including the draft law on free access to information. The Government would prioritise adoption of this law, which would promote transparency in access to information.
Judges’ terms ceased when they reached statutory retirement age. The Constitutional Court had failed to inform the Parliament that one of its judges had reached retirement age; the Parliament had issued a statement informing the Court of this fact. The judge in question had filed a complaint with the Constitutional Court regarding her removal from the Court, but this had been rejected.
The law on freedom of religious belief was amended in 2021; religious communities were not involved in this process, though they had been involved in drafting of the initial law. The restitution of property to religious communities would be addressed in a forthcoming law. Montenegro was committed to promoting the rights of religious communities.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on the State’s response to reports of excessive use of force at the borders and an increase in pushbacks; the availability of legal aid for asylum seekers; how Montenegro prevented third-party actors from influencing political processes; reasons for delays in prosecuting hate crimes; measures to address the low representation of women in political bodies; plans to address the Supreme Court’s case backlog; measures to prevent delayed responses to requests for information; and steps taken to open inquiries into religious hate speech and to punish these acts.
Responses by the Delegation
The delegation said the State had not received any allegations of pushbacks at the border. All individuals who entered the territory of Montenegro had the right to request international protection. The law on international protection guaranteed legal aid for all asylum seekers, which was provided through a non-governmental organization, financed by the United Nations High Commissioner for Refugees. Legal aid was also guaranteed by law for victims of trafficking, domestic violence and sexual offences. The State party was developing case management mechanisms to address the Supreme Court’s case backlog.
One deputy prime minister needed to be of an underrepresented gender. A women’s club was in place, as well as a quota system, for the management boards of public companies.
Criticism of public officials was permitted, as long as it did not constitute hate speech. A law was being drafted that would implement sanctions for hate speech. The Government sought to lift the immunity of one mayor who had discriminated against a religious group in public speeches, so that he could be prosecuted.
A committee had been set up to develop amendments to legislation on elections and campaign financing. Its work had been delayed, but it was due to develop this legislation by the end of this year. Its membership had also been expanded.
The fourth strategy on deinstitutionalisation was adopted in December 2024, along with its action plan. Funding was provided for social care under the strategy, which envisaged licencing and training of social service providers, and setting norms and standards for social work.
Complaints of hate speech against religious communities were handled by the Ombudsperson’s Office. The State party was currently negotiating agreements with several religious communities.
Although public statements related to laws on foreign agents had been made, no draft laws on foreign agents had been submitted to Parliament. The State party promoted freedom of expression.
Closing Statements
BLAGOJE GLEDOVIĆ, Director General of the Directorate for the International Cooperation and International Legal Aid, Ministry of Justice of Montenegro, and alternative head of the delegation, said the exchange with the Committee had been lively and exhaustive. Over the reporting period, the State party had undertaken several reforms to promote civil and political rights and to meet the requirements for accession to the European Union. Significant efforts had been made by public servants and civil society to achieve Montenegro’s membership of the Union. Montenegro remained committed to the implementation of the Covenant through national legislation and all other available measures. The State party looked forward to receiving the Committee’s recommendations, which it would carefully consider and strive to implement.
CHANGROK SOH, Committee Chairperson, thanked the delegation for engaging in dialogue with the Committee. Discussions had covered a wide range of topics related to the implementation of the Covenant by the State party, highlighting the progress made and challenges faced. The Committee was committed to fulfilling its mandate to ensure the highest standard of implementation of the Covenant in Montenegro. Mr. Soh thanked all persons who had contributed to the dialogue.
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