Drugi periodični izvještaj crne gore komitetu protiv torture



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ANNEX II

7…. "Please provide statistical data on the number of complaints of trafficking in persons received and investigated during the reporting period, as well as the number of prosecutions and convictions and punishment imposed7.

  


STATISTICS ON TRAFFICKING IN HUMAN BEINGS IN MONTENEGRO FOR THE PERIOD 2008-2012

Year

Police Directorate:

Criminal complaints:



Public Prosecution Office

Indictments raised:



Courts:

Judgments:



2008

2 complaints against 9 persons on account of THB

Indictments raised against 9 persons

3 judgments

2009

2 complaints against 4 persons on account of THB

Indictments raised against 4 persons

7 judgments

2010

2 complaints against 16 persons on account of THB

Indictments raised against 16 persons

9 judgments

2011







7 judgments

TOTAL: In the period 2008-2012 the Police Directorate filed 6 complaints on account of trafficking in human beings under Art. 444 of the CC of MNE.

TOTAL: In the period 2008-2012 public prosecutors have raised indictments against 29 persons on account of trafficking in human beings under Art. 444 of the CC of MNE.

TOTAL: In the period 2008-2011 the courts of appropriate jurisdiction have passed a total of 26 judgments. NOTE: first instance and second instance judgments included, as well as the final judgments for each case individually.
ANNEX III

10…."Information on measures taken to prevent the reported torture and abuse of the LGBT population by the police and to promote the education and sensitization of members of the police on their obligations in terms of non-discriminatory treatment towards LGBT persons" -
In terms of its competences concerning the LGBT population, it is with special sensitivity that the Police Directorate takes measures and actions provided by law to detect and prosecute all cases of discrimination based on sexual orientation, gender identity, homophobia or hate speech. Police Directorate has acted on several occasions in cases where LGBT population members were the injured persons. Acting on these complaints, police officers have identified a number of persons, processed them and handed them over to the competent prosecutors or local misdemeanor authorities, while there were some actions as well which did not satisfy the elements of a criminal offense or of a misdemeanor. The most common cases were harassment via electronic communication forms, primarily through the social network Facebook and harassment by SMS.

The Police Directorate has taken a number of measures and activities related to the said issues, primarily in terms of training its own staff. Specifically, in the last two years a number of Police Directorate officers attended and took part in various forms of trainings, lectures, seminars, round tables and conferences organized both at home and abroad by national and international entities dealing with these issues.

In June 2010 six police officers and one representative of NGO Juventas visited North America, and attended a training in Toronto and Los Angeles for a period of 15 days. In May 2011, five officers of the Police Directorate visited the Republic of Serbia, in order to exchange experiences with their counterparts at the conference Justice in the Balkans - Equality for Sexual Minorities and attend training in the field of ​​working with LGBT population. Conference organizers awarded the Montenegrin Police Directorate the Friends of Justice award for its results achieved in the fields of training and education. In September 2011, in cooperation with the NGO Justice in the Balkans - Equality for Sexual Minorities the Government of Montenegro organized an international conference on LGBT rights at the Regional School of Public Administration (ReSPA) in Danilovgrad. Officer training was conducted at this conference which was attended by many officers of the Police Directorate (around 70) from all organizational units and regional units.

This was an additional type training aimed to suppress homophobia. According to valid laws, officers of the Police Directorate act upon all the information about the violations of human rights and fundamental freedoms, without any exceptions, including LGBT persons. In December 2011, joint delegation of the Police Directorate, Council for Civic Control of the Police and the LGBT Forum Progres participated in the conference Joining Forces to Combat Homophobic and Transphobic Violence in Europe. Law Enforcement Agencies and Civil Society Cooperation, organised in the Hague by the Government of the Kingdom of the Netherlands, the Dutch Police Academy and ILGA Europe, the European Region of the International Lesbian, Gay, Bisexual, Trans & Intersex Association. The approach of the Montenegrin Council for Civic Control of the Police as a collective independent Ombudsman-type body specialized for police issues has been identified as positive; its contribution to better cooperation between the police and the LGBT community and to rapid resolving of problems in the field was praised. This training was attended by one officer of the Montenegrin police.

At the end of June 2011 LGBT Forum Progress and Police Directorate concluded an agreement on understanding and cooperation. The conclusion of this agreement aims at implementing national and international standards for the protection of human rights, ensuring freedoms and equality, dignity and rights of all citizens, without discrimination and different treatment on any grounds, strengthening the position and results of Montenegro in the process of stabilisation and association with the EU, further improving of police capacities to approach, work on and protect the rights of LGBT persons and increasing confidence of the overall public in the work of the police service.

In cooperation with the LGBT Forum Progress and with the support of the Canadian Embassy ​​the Center for Civic Education (CGO) implemented the project It is OK to be Different. On 26 and 27 January 2011 a training was held within that project at the premises of the Human Resource Management Authority (HRMA) in Podgorica on topics of human rights and culture of human rights, with focus on minority rights, anti-discrimination policies, legislation and practice, with an emphasis on the position of LGBT population. The goal of the project and of the training is for a whole range of activities to contribute to building the culture of human rights and of a sustainable democratic society, by strengthening social capacities in promoting LGBT rights and antidiscriminatory policies. Four representatives of the Police Directorate were involved in this training. The first shelter intended for people who are in conflict with their families because of their sexual orientation or gender identity, or who are for the same reasons subject to domestic or other types of violence was opened on 01/12/2011 within the LGBT Support Center project which is implemented with the support of the Embassy of the Kingdom of the Netherlands. The Center will also provide counseling service and psychological and social support to members of the LGBT population.

A roundtable related to CoE's LGBT Project (whose beneficiary is Montenegro) was held on 01/02/2012 at the building of the Human Resource Management Authority in Podgorica, on the basis of the Recommendation of the Committee of Ministers on measures against discrimination based on sexual orientation as its administrative infrastructure. A delegation of the Police Directorate participated and presented the work of our officers with LGBT persons, the main challenges and problems and concrete steps that need to be taken in the future, as well as the actions that should be taken to achieve these objectives, and the key factors that need to be defined in order to achieve success and reach the targets. Three officers of the Police Directorate participated in this roundtable.

In March 2012 the Government of Montenegro organised the conference Together against Discrimination, whose main goal was to promote Recommendation of the Committee of Ministers of the Council of Europe on measures to combat discrimination based on sexual orientation or gender identity. At this conference, the Police Directorate of Montenegro was recognized as one of the actors in the society who will work together with other institutions of the society to improve the protection of LGBT persons and their human rights. Strong commitment to the policy of non-discriminatory treatment and measures for protection against all forms of discrimination were stressed. Four representatives of the Police Directorate attended the conference. In this period, NGO Juventas organized a seminar on the Role of Police Officers, Prosecutors and Judges in Protecting the Rights of LGBT Persons. This seminar was attended by 20 officers of the Montenegrin police. At the seminar, NGO Juventas and Police Directorate signed a Memorandum of Cooperation on the NGO Juventas LGBT Program. The seminar was organized within the project Improved Quality of Services Intended for LGBT Persons, with the support of the British Embassy in Podgorica. The seminar focused on the use of antidiscrimination legislation in cases of violations of human rights of LGBT people. Manuals were distributed to police officers which cover topics related to resolving cases of violations of human rights of LGBT people, as well as information about the meaning of the concepts of sexual orientation and gender identity and examples of forms of homophobia.

NGO Juventas implemented in May 2012 the research called exploring perceptions and attitudes toward homosexuality among police officers, conducted on the basis of the Memorandum between NGO Juventas and the Police Directorate. Owing to the Memorandum, the two parties will establish permanent cooperation and thus share information in the future and work on improving the status of LGBT persons in Montenegro. The research was conducted at the level of the Montenegrin Police Directorate, all regional units, local units and border police outposts.

In addition to the afore-mentioned, during last year the Police Directorate took a series of measures and activities related to the organisation of the Pride Parade. With regard to that, a series of contacts were made with foreign police services, mainly with the Croatian police and the Serbian police, in order to exchange information and experience. A delegation of the Police Directorate paid a visit to the Republic of Serbia's police force. An Operational Police Staff was set up in charge of organisation and safe holding of the parade.

The Police Directorate has notified all of its organizational units about the opening of the Shelter for LGBT persons in Montenegro who are in conflict with their families because of their sexual orientation or gender identity.

Significant activities were planned and implemented in 2011 regarding the implementation of the Law on Prohibition of Discrimination, which include a Training Plan and a Media Promotion Plan of Anti-Discriminatory Behavior. These activities were continuously conducted by the Ministry of Human and Minority Rights in 2011. They include primarily marginalized social groups, namely those towards whom discrimination and homophobia are particularly visible. The second quarter of 2011 was marked by the activities for the promotion of education and anti-discrimination in order to raise awareness and sensitize the state administration, police, judiciary, but also the broadest Montenegrin public. Under The training plan of civil servants, judges, prosecutors and employees in other independent bodies and organizations in the field of providing protection against discrimination, a series of workshops were implemented that dealt with key discriminations in society, and one workshop was dedicated to protecting the rights of the LGBT population. In May 2011, the first workshop was held in the framework of the training program, on the topic of General Legal Regime Prohibiting Discrimination. After this workshop, which was of general nature, three more workshops followed under the training plan that dealt with basic social discriminations (on the basis of sexual orientation, disability and gender identity, respectively). Therefore, the second workshop was held on 22 and 23 June. At this particular workshop, we dealt with discrimination against LGBT population (with reference to the practice in the region, as the workshop was led by experts and activists for the protection of LGBT rights from Croatia and Serbia), but this workshop also dealt with the analysis of jurisprudence of the European Court in relation to LGBT-related proceedings.



The second round of training began in May 2012 and included the local level in the fight for the protection of human rights of the most vulnerable groups.  Specifically, participants in this second cycle are representatives of all police regional and local units, as well as representatives of the municipal Secretariats for Administration and Social Services.

Media campaign about anti-discriminatory behavior lasted in the period from 27 May to 5 Oct 2011. It has been developed with the aim to create a more humane and tolerant environment and to inform the public about the rights they are guaranteed by law. The campaign was dedicated to the key forms of discrimination: on the basis of disability, gender identity and sexual orientation. It included TV spots (1,045 broadcasted spots or 62,700 seconds), newspaper ads, newspaper inserts (flyers) in the entire circulation of the three daily newspapers in Montenegro and a large number of billboards (total 64) across Montenegro.

Training and promotion of anti-discriminatory behaviors are continuing efforts of the Ministry of Justice and Human Rights. After the implementation of these activities in 2011, they are to be continued in 2012, covering the local level, so as to include the general population in this type of training, all of which is done in order to respect all human rights, create a supportive and tolerant environment and respect the diversity of others. All these activities are undertaken for the purpose of efficient and high-quality implementation of the Law on Prohibition of Discrimination, which can represent a major breakthrough for the LGBT community and contribute significantly to raising the awareness of the entire Montenegrin public about LGBT persons and their rights and freedoms.

Curricula at the Police Directorate are devised in a spirit of respect for human rights and ethical and human treatment, which permeates all the subjects (theoretical and practical classes) contained within the education of future police officers and prison officers.

ANNEX IV

18. "Information on the training for law enforcement personnel, particularly border and customs officials, in handling cases of trafficking and on awareness-raising campaigns and training on domestic violence for judges, lawyers, law enforcement personnel and social workers who are in direct contact with the victims. Please include how many officers have undergone such training, the results of these trainings and how these results are evaluated." -
Trainings at the Police Academy - from November 2008 to July 2012, the Police Academy in Danilovgrad has organised numerous trainings on the prohibition of torture and inhuman or degrading treatment or punishment, human trafficking, domestic violence, refugees, internally displaced persons and asylum seekers, treatment of minors, etc:

In 2009 (May), the Police Academy in Danilovgrad organised two courses entitled "Illegal migrations and human trafficking". The courses were attended by 6 officers of the Customs Administration, 26 officers of the Border Police Department of the Police Directorate and 1 officer of the Criminal Police Department. The course was aimed at providing the trainees with necessary knowledge, skills and capacities for an efficient and competent leading of criminal investigations with regard to illegal immigration and human trafficking, with special focus on counterfeit.

In 2010, a training course was held at the Police Academy for criminal police officers, entitled "Human trafficking and illegal migrations" (May 2010). The course was aimed at educating police officers on the methods of uncovering the criminal offences of human trafficking and illegal migrations and finding evidence thereof. The course was attended by 12 members of the Criminal Police Department.

In 2011, following the initiative by the Police Directorate, there were three one-day seminars on the "Implementation of regulations on foreigners, migration and readmission" (April 2011). The seminar targeted officers involved in the affairs of border-crossing control and the control of the movement and stay of foreigners, so that they acquire necessary knowledge on how to implement the regulations on foreigners, migrations and readmission. The training was undergone by 46 managers and police commissioners for foreigners from the Border Police Department.

At the Police Academy, a seminar on the topic "Reaction of police in domestic violence cases" was held in September 2011 for 51 employees of the Police Directorate. The seminar was aimed at raising the trainees' level of competence with regard to domestic violence and interpretation of police and judiciary practices referring to such offences, with a particular focus on getting familiar with the police work on domestic violence prevention, the handling of victims and perpetrators.

In 2012 (March), two one-day seminars were held at the Police Academy in Danilovgrad on the topic: "Implementation of regulations on foreigners, migrations, visas, and readmission", attended by the officers of the Border Police Department. The seminar targeted officers involved in the affairs of border-crossing control and the control of the movement and stay of foreigners, so that they acquire necessary knowledge on how to implement the regulations on foreigners, migrations and readmission. The training was attended by 24 officers of the Border Police Department.

At the Police Academy in Danilovgrad, a training course was held in June 2012 entitled "Human smuggling and trafficking". The seminar was attended by: 14 employees of the Police Directorate, two employees of the Customs Administration and two employees of the Office for Fight against Trafficking in Human Beings. The course was intended to provide the trainees with an opportunity to enhance their knowledge and improve skills necessary for an efficient investigation on illegal migrations and trafficking in persons.

Within the implementation of the Twinning Project IPA 2009 "Strengthening the capacity of the Police Directorate", between the German Federal Criminal Police Office and the Police Directorate of Montenegro, a course was held at the Police Academy in Danilovgrad, in June 2012, titled "Combating human smuggling and trafficking" for the officers of the Police Directorate, Public Prosecution Office and Office for Fight against Trafficking in Human Beings.

The training of judges and prosecutors - in regard to the training in handling cases of trafficking in persons and raising awareness of domestic violence, when the judges and prosecutors in Montenegro are concerned, there was a total of 5 activities/seminars held from June 2008 to July 2012, with 38 trainees (16 from judiciary, 20 from the Public Prosecution Office, and two from the Centre). The following is the summary of the above activities per specific topics:

Employees of the Judicial Training Centre of Montenegro attending international events/trainings: The meeting of the representatives of judicial training institutions from the Council of Europe's member states on the topic: "Domestic violence and human trafficking" (April 2008, the Republic of Austria), the Conference: "Human trafficking - a global problem - a regional response" (September 2010, Montenegro).



Seminars/workshops for judges and prosecutors were held on the following topics: "Prohibition of gender discrimination" (November 2011), dealing with international standards in the field, the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 14 and Protocol 12); Domestic violence - the ECHR and its implementation; Domestic violence - legislation and practice in Montenegro; Law on the Prohibition of Discrimination and its implementation in Montenegro - focus on the gender discrimination; Trafficking - international standards; Trafficking - legislation and practice in MNE; The position of women in Montenegro - Roma women, LGBT women and women with disability; seminar "Findings and opinions of court witnesses - the expert evaluation of the cases of child sexual abuse - identification, interviews and credibility criteria" (December 2011). Within the project of "Strengthening economic and social rights of women in Montenegro", in cooperation with UNWOMEN, the Ministry of Human and Minority Rights and the Judicial Training Centre, a practical two-day training for trainers of judges and prosecutors has been held on gender equality and types of gender discrimination (May 2012).

Training of social workers - during the past two years, training in family counselling has been organised for 18 employees from the social care sector by the UNICEF's family therapy consultants. From this education, the social workers obtained the title of family counsellors. A number of inspection trainings have been organised during 2010 for the employees of the Labour Inspection and of the social work centres, aiming at professional capacity building of inspection and social services in relation to the phenomenon of human trafficking, in order to better identify the potential victims of trafficking in persons.

Other trainings42- a considerable number of seminars, workshops, meetings and study visits have been organised during the reporting period, all having the same goal of professional capacity building of all governmental bodies engaged in solving the cases of human trafficking:

During 2009: organised by the MO IOM mission within the programme "Strengthening the capacities of the Montenegrin Police aimed at preventing cross-border illegal migration and organised crime", the seminar entitled "Fight against organised crime" was held with a view to training the trainers employed in the police. In June 2009, the National Team for the implementation of transnational referral mechanisms for trafficked persons (TRM) took part in the regional seminar in Ohrid on the "Programme of support to the development of transnational referral mechanisms for trafficked persons in the South-East Europe". A seminar on the "System of police custody and human rights" was held at the Police Academy for 12 attendants from the Police, organised within the Austrian project "Police cooperation in combating human trafficking, human smuggling and illegal migrations"; In May 2009, there were study visits to the Republic of Ukraine and the Republic of Croatia. Lectures were held in secondary school on the topic "Fight against human trafficking";

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