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RECOMMENDATIONS OF THE HUMAN RIGHTS DEFENDERS GROUP

On October 26, a meeting of the Human Rights Defenders group was held, which consists of the following representatives of organizations/institutions: a representative of the institution of the Protector of Human Rights and Freedoms in Montenegro, the Ministry of Internal Affairs, the Police Directorate, the Agency for the Protection of Personal Data, the High Court in Podgorica , the Basic State Prosecutor’s Office, the Bar Association, the Office of the Advocate of Montenegro before the ECtHR, the Internal Control of the Police, the Council for Civil Control of Police Work, the NGO Belgrade Center for Human Rights, the NGO Association of Paraplegics, the NGO LGBT Forum Progress, the NGO Youth Initiative for Human Rights and the International Commission of Jurists (ICJ).

At the meeting, key points related to the issue of torture and ill-treatment, which were recognized as challenges in the current justice system, were discussed.

It was observed that the problem of torture and ill-treatment remains present not only in developing countries, but also in developed societies.
Proving cases of abuse and torture is a complex process, given the lack of solid evidence and deficiencies in procedural practices, which primarily makes it difficult for the prosecution to get a clear picture of specific cases.
It is a worrying fact that we often encounter police solidarity, which results in situations where police officers remain silent or deny the presence of abuse committed by their colleagues.
The need to increase the number of trainings for police officers working in the field, especially in locations where cases of abuse often occur, was identified.
The importance of the reform of the conduct of the criminal police, whose work is the subject of the largest number of complaints, has been recognized.
The introduction of video surveillance in the hearing rooms must become a priority issue of the new Minister of the Interior, as well as the marking of cases that are exempt from the procedure, in order to ensure the transparency and integrity of the procedures.
Likewise, it was concluded that body cameras should become an integral part of police officers’ uniforms in order to provide additional records during interactions with citizens.
The need for education of medical personnel regarding the adequate documentation of injuries resulting from abuse has been recognized.
The urgent need to improve the capacity of the prosecutor’s organization was highlighted, especially considering the recent reduction in the number of prosecutors in Podgorica and the fact that many prosecutor’s offices work with only one prosecutor who is also the manager.
The lack of adequate personnel was identified as a key problem in the Police Directorate as well.
It was suggested that professionals, such as psychologists, be involved in the work of the Police Administration in order to provide support and advice to police officers in cases of stressful situations.

We also remind you of the latest statistical data of the Basic State Prosecutor’s Office that in the previous year alone, thirteen cases were filed based on reports of abuse, three of which are in the investigation process. Indictments were filed in five cases, and the same number of cases were dismissed. Thirteen cases were also established in 2023, of which five cases are in the investigation process, in one case an indictment was filed, while seven cases were dismissed.

Taking into account the seriousness of the problems identified at the meeting, we emphasize the importance of urgent and coordinated action of all relevant institutions and experts in order to ensure the protection of basic human rights of persons deprived of liberty and the integrity of the justice system.

The HRD group was founded within the project “Without impunity for violations and violations of human rights in Montenegro” which the Civic Alliance is implementing with the support of the Delegation of the European Union in Montenegro, and which deals with the protection of the rights of persons deprived of their liberty as well as persons whose rights have been violated due to abuse of police powers. A Memorandum of Cooperation was signed between the mentioned organizations, in which the representatives agreed on mutual cooperation based on partnership, responsibility, mutual exchange of information, but also on the independence of the organizations in their work.

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