Drugi periodični izvještaj crne gore komitetu protiv torture

ANNEX VII

There were no actions for pecuniary damage/non-pecuniary damage by virtue of groundless conviction filed in the period from 2009 until 1 July 2012.

28. Further to the recommendation of the Committee in the previous concluding observations (paragraph 20), please provide information on measures taken by the State party to develop reparation programs, including the treatment of trauma and other forms of rehabilitation provided to victims of torture and ill-treatment, as well as the allocation of adequate resources to ensure the effective functioning of such programs. Please provide statistical data in this regard.²⁵

In the period following the adoption of the Initial Report, Montenegro has acceded to the European Convention on the Compensation of Victims of Violent Crimes³¹ (Council of Europe).

Government of Montenegro's programme of work for 2012 provides for the IV quarter the adoption of the proposal for a Law on the Compensation of Victims of Serious Crimes. This Law will govern the right to financial compensation for victims of violent crimes committed with wrongful intention, the conditions and procedure for exercising the right to compensation, decision-making bodies and bodies which participate in the decision-making on the right to compensation, the authorities and the procedure to be used in cross-border cases.

Art. 10-12 of the Law on Domestic Violence Protection stipulates urgent intervention of the police after learning of the violence, with a view to protect the victim in accordance with regulations. Also, centres for social welfare or other social welfare and child protection institutions, medical institutions, and other bodies and institutions involved in providing protection are obliged to provide protection and assistance to the victim without delay, in accordance with their competences. These authorities and institutions are obliged to take care of all the victims' needs and allow them access to all forms of assistance and protection. The law lays down the making of a victim assistance plan. Social Welfare Centre forms a professional team composed of representatives of the centre, local government bodies and services, police, NGOs and experts on family issues, in order to establish a plan to assist the victim and coordinate activities in the process of assisting the victim, in accordance with the victim's needs and choices. The victim assistance plan provides specifically for measures to be taken in accordance with the law governing social and child protection. If the victim is a child, the victim assistance plan also contains measures to protect the child in accordance with the law governing family relations. In view of carrying out these activities, the professional team me also be formed by another body, institution or organization providing protection. When it comes to social protection, this law stipulates that social protection provided to a victim includes pecuniary and non-pecuniary assistance, accommodation and social welfare services, in accordance with the law governing the social welfare and child protection. Social welfare centres are required to maintain accurate records of children and persons with special needs in their territories. For the purposes of protecting these persons against violence, the centres have to set up special teams in charge of visiting families which accommodate children and persons with special needs or in which they live. The visits have to be paid at least once a month, so as to control the treatment of these persons, and draw up a report on the basis of findings. Social welfare centres are required to submit to the ministry responsible for social welfare duties at least once in six months a written report on the level of social protection of children and persons with special needs.

Domestic violence protection is exercised in conformity with the Strategy on domestic violence protection, as set forth by Article 12 of the Law. Montenegrin Government adopted the Strategy on domestic violence protection for the period 2011-2015.

Article 3 of the proposal for a Law on Social and Child Protection, adopted on 26/07/2012 by the Government of Montenegro stipulates that the goal of social and child protection is support to social inclusion of individuals and families. While achieving the objectives of social and child protection, children are particularly protected (without parental care; whose parent is unable to take care of him; with disabilities and special needs; in conflict with the law; for abuse of alcohol, drugs or other narcotic substances; if there is a danger that he will become a victim or is the victim of abuse, neglect, domestic violence and exploitation; THB victim; and if the parents do not agree on ways to exercise parental rights; who needs an adequate form of social protection due to special circumstances and social risk) and adults and older persons (if the person has a disability; due to the misuse of alcohol, drugs or other narcotic substances, and if there is a danger that it will become a victim or is the victim of neglect, abuse, exploitation and domestic violence; THB victim, if a homeless person; who needs an adequate form of social protection due to special circumstances and social risk).
Responses to questions related to Article 16 of the Convention (questions nos. 29-34)
29. Further to the recommendation of the Committee in the previous concluding observations (paragraph 9), please provide information on measures taken by the State party to adopt a comprehensive law on Juvenile Justice that would protect juveniles in conflict in line with international standards, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules, adopted by General Assembly resolution 40/33 of 29 November 1985).²⁶

The Law on the Treatment of Juveniles in Criminal Proceedings³² was adopted in December 2011 and entered into force on 6 Jan 2012, and its application started on 1 Sep 2012. On its session held on 29 Mar 2012 the Government also adopted the Implementation Plan for the Law on the Treatment of Juveniles in Criminal Proceedings. In its conclusions the Government has obliged all the competent authorities to fulfil all the obligations stipulated in the Implementation plan within the deadlines set, so as to make sure full and effective implementation of the law is ensured as of 1 Sep 2012.

The Law on the Treatment of Juveniles in Criminal Proceedings governs the treatment of juvenile offenders, children and juveniles participants in the process, based on respect for human rights and fundamental freedoms while recognizing the best interests of juveniles, taking account of their maturity, level of development, skills and personal qualities, as well as the gravity of offence, with the intention of their rehabilitation and social reintegration.

The law is fully compliant with the UN Convention on the Rights of the Child. Recommendations of the UN and the Council of Europe are incorporated into its text: the United Nations Standard Minimum Rules for the Administration of Juvenile Justice of 1985 (The Beijing Rules), United Nations Guidelines for the Prevention of Juvenile Delinquency of 1990 (The Riyadh Guidelines), United Nations Rules for the Protection of Juveniles Deprived of their Liberty of 1990 (The Havana Rules), United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), Recommendation Rec(2003)20 concerning new ways of dealing with juvenile delinquency, Recommendation CM/Rec(2008)11 of the Committee of Ministers to member states on the European Rules for juvenile offenders subject to sanctions or measures.

The most important novelties are: the introduction of new diversion measures, reprimand in addition to attendance orders; extended application of attendance orders for criminal offenses – prison term of up to 10 years; establishment of expert services to provide expert assistance to courts and public prosecution offices; new correctional measures-specific obligations that have similarity with attendance orders; protection of juveniles participating in proceedings; treatment of juveniles during the execution of custodial correctional measures and juvenile prison sentences; execution of the custodial measure of referral to a correctional home and juvenile prison sentence within a special organizational unit of the Institution for Enforcement of Criminal Sanctions.

30. Further to the recommendation of the Committee in the previous concluding observations (paragraph 16), please provide information on steps taken by the State party to incorporate members of the Roma community into the police.²⁷

The Police Directorate employs staff educated at the Police Academy. In the previous period, no members of the Roma population have expressed an interest to be educated at the PA.

31. With reference to the recommendation made by the Committee in its previous concluding observations (par. 11), please provide information on the measures adopted to integrate all the displaced persons which are under the jurisdiction of the State Party, including the “internal displaced” from Kosovo and Bosnia-Herzegovina by fully protecting their human rights.

Strategic Framework - On 28/07/2011 the Government of Montenegro adopted the Strategy on finding durable solutions for displaced and internally displaced persons in Montenegro, with special emphasis on the Konik area. The Coordination Committee to monitor the implementation of the Strategy on finding durable solutions for displaced and internally displaced persons in Montenegro, with special emphasis on the Konik area was set up by the Government on 22/09/2011.

Legal Framework - So as to ensure full protection of human rights and integration of DPs and IDPs into the Montenegrin society, Montenegrin Parliament adopted the Law on Amendments to the Law on Foreigners, which entered into force on 7 Nov 2009. This Law enabled DPs and IDPs in Montenegro to obtain the permanent resident alien status in Montenegro under privileged and more favourable conditions.

According to the existing legislation, resolving the status of displaced persons is also possible via admission to the Montenegrin nationality. Accordingly, 723 displaced persons were admitted to the Montenegrin nationality up to 28/06/2012 and 147 guarantees were issued that they would acquire Montenegrin nationality when they bring a certificate of release from the nationality of their country of origin. There are still 302 pending applications, which will be resolved within the term specified by law.

More details on the legal status of refugees and internally displaced persons - please see response to question 12.

Provision of accommodation is one of the key elements for the local integration of DPs and IDPs. Plans are for their accommodation to be provided through a regional initiative, via international donations, favourable loans and from our own sources. The contribution of Montenegro will be primarily the allocation of land and the provision of primary infrastructure.

When it comes to the regional initiative to secure durable solutions for DPs (Sarajevo Process/Belgrade Initiative), a draft of the institutional, political and legal framework for the housing projects has been prepared.

On 15/02/2012 Ministry of Labour and Social Welfare formed an expert team - National implementing unit in charge of drafting the National Housing Programme within the Sarajevo Process/Belgrade Initiative, tasked with drafting the national housing programme together with the municipalities, UNHCR and local and foreign experts. A number of activities were taken in cooperation with the Union of Municipalities in order to meet the initial requirements for participation in the National Housing Programme. Moreover, presidents of municipalities expressed their full political will to support the National Housing Programme and to adapt their detailed urban development plans and define the locations for the construction of housing units. National Implementing Unit has made a proposal for an Action plan, which includes the activities of all agencies involved in the National Housing Programme.

With a view to create the prerequisites for the construction of 90 housing units in the area of Konik, on 16/02/2012 municipal assembly Podgorica adopted the following decisions: The decision on the participation of the capital Podgorica in the construction of collective housing structures with related amenities, for the purposes of the project to meet the housing needs of IDPs and residents of Konik camp, The decision on amendments to the General urban development plan for Konik-Vrela ribnička II in Podgorica and The decision on the Detailed urban development plan for Konik-Vrela Ribnička II in Podgorica.

Ministry of Labour and Social Welfare has obtained an extract from the planning documents and zoning and technical specifications for the Detailed urban development plan for Konik-Vrela Ribnička II, in: construction plot 1 in zone B and construction plot 1 in the zone A, which meant conditions are satisfied for the development of design specifications and for calling a tender by the Public Works Directorate. The sum of EUR 100,000.00 was allocated for this purpose. In cooperation with the Public Works Directorate, the following were made: the design specifications for the master project to construct housing units in Camp Konik II and the design specifications for the master project of multipurpose facility Camp Konik II. Public invitation to tender was announced on 9 Aug 2012 for the construction of the master project of housing units and of the multipurpose facility. The submitted bids were opened and their evaluation process is under way.

Further to The decision on the participation of the capital Podgorica in the construction of collective housing structures with related amenities, for the purposes of the project to meet the housing needs of IDPs and residents of Konik camp, an agreement will be signed soon with the Government of Montenegro - Ministry of Labour and Social Welfare, which will create all the prerequisites for the further continuation of the implementation of IPA Project activities.

The Strategy recognized Camp Konik as an area of special importance. In this regard, members of the Coordination Committee visited this site in order to assess activities achieved so far and get acquainted with the planned activities related to the adoption of the Detailed Urban Development Plan and implementation of the IPA project. In accordance with recommendations from the second session of the Coordinating Committee, a working group was formed to consider the methods for strengthening the safety and security of lives and property in Camp Konik, composed of representatives of the Refugee Care and Support Office, Ministry of Interior, Police Directorate, the Red Cross and UNHCR.

Providing assistance in obtaining documents - As for obtaining the documents required to obtain the permanent resident alien status or temporary resident alien status, Refugee Care and Support Office, in cooperation with the Ministry of Labour and Social Welfare and the UNHCR organized 13 visits to Kosovo for the most vulnerable IDPs, involving a total of 529 persons. Further visits to Kosovo are planned.

UNHCR has allocated funds within the project Delivering as One to organise 3 visits to Kosovo for the purpose of obtaining documents required for the regulation of the legal status of IDPs residing in Montenegro. Ministry of Labour and Social Welfare has fully taken over the implementation of this activity and has signed a Memorandum of Cooperation with the NGO Legal Centre. Besides persons from Camp Konik, visits to Kosovo include the regulating of assistance for persons who are accommodated in specialized institutions. There were 2 visits organized involving 110 persons. Providing assistance in obtaining documents has been extended to the following municipalities in Kosovo: Peć, Klina, Istok, Kosovo Polje, Vučitrn, Obilić and Priština.

32. Further to the recommendation of the Committee in the previous concluding observations (paragraph 22), what measures have been taken by the State party to implement legislation, including awareness-raising and educational campaigns, prohibiting corporal punishment of children as a method of discipline in all settings?²⁸

Article 70 of the Family Law clearly prohibits subjecting children to degrading actions and punishment that offend human dignity of the child and stipulates the obligation of parents to protect the child from such actions of other persons. Article 87 stipulates that a parent who abuses parental rights or grossly neglects the performance of parental duties shall be deprived of the parental right. Abuse of the right is present in particular if a parent: abuses the child in a physical, sexual or emotional manner; exploits the child by forcing it to excessive work or to work that threatens morality, health and education of the child, or work which is forbidden by law; instigates the child to perpetrate criminal acts; develops bad habits and propensities and the like.

Article 9a of the General Law on Education³³ states that the following are not allowed in the institutions: physical, psychological or social violence; ill-treatment or neglect of children and pupils; physical punishment and abuse of personality, or sexual abuse of children and students or employees or any other form of discrimination within the meaning of the law (which relates to the Law on Prohibition of Discrimination). Further, paragraph 8 of Article 97 refers to the rights of pupils and students to protection against all types of violence in schools, against discrimination, ill-treatment and neglect; while Article 111 provides that the teachers' employment will be terminated, in addition to the cases prescribed by the Labour Law, where the teacher: 5) incites any student or any employee in the institution to sexual intercourse or gross indecency; 9) humiliates, insults or punishes students physically, 10) causes ethnic or religious intolerance.

During the academic 2005/2006 year the project Schools without Violence - Safe School Environment was started in cooperation with the Ministry of Education and Sport and UNICEF Montenegro. The project was initially started in two elementary schools and then continued in six schools. After a comparative study on the effects of its implementation eight new schools were included in the project during the academic 2011/2012 year. The project has a concept implemented in 7 steps: it is to raise the awareness and knowledge about the problems of bullying; build the so called safety net - define and establish the values and rules to be respected and applied in schools; establish a system of cooperation and referral of cases of violence to other services on the basis of the Protocol. The final version of the Handbook is being drafted and its printing and distribution in schools are expected in the future.

33. Please provide information on measures taken by the State party to implement a comprehensive policy designed to combat overcrowding and improve conditions in prisons. Please provide statistical data on the number of prisoners in all prison facilities, in particular in the Podgorica Prison, as well as the degree to which the number of prisoners in each facility exceeds design capacities.²⁹

The rulebook on the conditions of accommodation of sentenced persons, which applies to cases of detainees, provides that every prisoner should have at least 8 m² or 20 m³ of space. According to the criteria of the Rulebook, the total capacities of the Institution for Enforcement of Criminal Sanctions correspond to 1,100 persons under arrest. These are the figures showing the number of persons placed in the organizational units of the Institution for Enforcement of Criminal Sanctions: investigative prison in Podgorica - 276 detainees, Bijelo Polje prison - 32 detainees and 58 sentenced persons; short term incarceration facility - 123 sentenced persons and 702 sentenced persons in the Correctional Facility in Podgorica. Comparing the numbers of sentenced persons and detainees in the Institution to the previous year, we can see that the figures were reduced significantly and that it now has 91 person more than the actual design capacities. Overcrowding is strongly marked only in the organizational unit of Correctional Facility in Podgorica which has the capacity to accommodate 470 sentenced persons, and the problem of overcrowding is no longer present in other organizational units of the Institution.

The adoption of the Law on Amendments to the Law on Enforcement of Criminal Sanctions³⁴ has contributed greatly to combating overcrowding. It provided for adequate normative and organizational prerequisites for the execution of alternative sanctions and diversion measures which have probation as a common feature. Supervision of sentenced persons released during parole, suspended sentence, suspended sentence with protective supervision, community service and other measures stipulated by law, is under the responsibility of the Ministry of Justice and Human Rights – Probation Division, which relieves the design capacities of the Institution for the Enforcement of Criminal Sanctions.

34. Please provide information on measures taken to effectively address and investigate attacks against journalists and human rights defenders and bring those responsible to justice, including the number of complaints received and investigated, as well as the number of prosecutions and convictions.³  

In cases of attacks on journalists, intensive measures and actions are taken from the moment of reporting the event to identify and bring the perpetrators before the competent public prosecutor. A total of 11 cases were registered in the period from 2008 until 31/05/2012 where members of the journalistic profession were the subjects of the use of physical force or serious threat of an attack. In cooperation with the competent prosecutors, nine cases were resolved and criminal complaints were filed against the perpetrators. In one case the case files formed were submitted to the competent prosecutor.

The event of 23/05/2008 when an unidentified perpetrator attacked journalist Mladen Stojović in his apartment and inflicted him grievous bodily injuries remains unresolved. In cooperation with the competent prosecutor measures and actions are still taken to resolve the event and discover the perpetrator.

There were 5 reported cases during 2011 and 2012 of unidentified persons threatening journalists over the phone. Three of the cases were to the detriment of journalists of the daily Vijesti: Jasmina Muminović, Olivera Lakić and Marija Ivanović. Pursuant to the established procedure, consultations were conducted with the competent prosecutor immediately after the filing of complaints, who ordered the taking of concrete measures and actions in order to identify the perpetrator and secure evidence for the offense. In these cases, the competent prosecutor filed a bill of indictment against one person. However, during the proceedings it was found that he is not the perpetrator of these crimes, so he was charged with the crime of fraudulent crime reporting.

As regards the complaints of Sanja Radošević, journalist of the radio station Naša riječ and editor of the portal Slobodna Crna.eu, after the taking of measures and consultations with the competent prosecutor, the prosecutor stated that these cases do not contain elements of the definition of the criminal offence which is prosecuted ex officio.

In accordance with its statutory powers and obligations regarding the protection of citizens and property safety, the Police Directorate will conduct a threat assessment analysis of employees in the print and electronic media in the future and it will direct its activities accordingly and take appropriate measures to prevent such unlawfulness.