Drugi periodični izvještaj crne gore komitetu protiv torture
Yüklə 0,59 Mb.
|
- Bu səhifədəki naviqasiya:
- The educational programmes/campaigns
- ANNEX V 24...statistical data on the number of complaints received and investigated, as well as the number of prosecutions and convictions
- A severe disciplinary offence from Article 59 item 4 of the Law on Civil Servants and State Employees - abuse of office or exceeding of authority
- Statistics of court cases of torture where the defendants are law enforcement officers (police officers, customs officers, etc.) 43
- The disciplinary accountability of the employees of the Institution for Enforcement of Criminal Sanctions
During 2010, in the organisation of the Office and the US Embassy, the representatives of relevant institutions held the September conference on the "Human trafficking - a global problem - a regional response". During 2011: With a view to strengthening human resource capacities of the relevant institutions at the regional level, the representatives of the Office, police, Public Prosecution Office and NGOs took part in three transnational workshops dedicated to improving transnational cooperation in the cases of human trafficking in South-East Europe; The representatives of the Office for Fight against Trafficking in Human Beings attended the conference titled as "Street involved children in South East Europe - our responsibility" (Belgrade, Republic of Serbia); the representatives of the Office for Fight against Trafficking in Human Beings took part in the XI Alliance against human trafficking, entitled "Preventing trafficking in human beings for labour exploitation: decent work and social justice"; the Montenegrin delegation took part in the international event in Zagreb (Republic of Croatia), organised with a view to strengthening mechanisms of a proactive identification of the victims of human trafficking in South-East Europe; a video conference was organised with the US experts, where the Montenegrin representatives of the Police Directorate, judiciary, Public Prosecution Office, social work centres, and non-governmental sector shared experiences and best practices in combating a contemporary evil of trafficking in persons; the members of the National team for the TRM guidelines implementation attended the international events in Nikosia (Republic of Cyprus) and Skopje (Republic of Macedonia), dedicated to strengthening mechanisms of combating human trafficking. In 2012: the representatives of the National team for the TRM guidelines implementation took part in the regional workshop titled as "Strengthening transnational mechanisms of combating human trafficking in the SEE countries", held in Bucharest (Republic of Romania); the representatives of the judiciary, Public Prosecution Office and Office for Fight against Trafficking in Human Beings attended the regional workshop "Workshop on EU acquis communautaire against human trafficking and organised crime", held in Sarajevo (Bosnia and Herzegovina); members of the police, Public Prosecution Office and Office for Fight against Trafficking in Human Beings went to a study visit to the Republic of Albania in order to share experiences and best practices in combating human trafficking and illegal migrations; members of the police, Public Prosecution Office and Office for Fight against Trafficking in Human Beings went to a study visit to the Republic of Slovakia and Republic of Austria; a training was organised entitled "Fight against smuggling and trafficking in human beings", which targeted the criminal-investigation and border police, customs officers, and employees of the Office for Fight against Trafficking in Human Beings; The representatives of the Montenegrin police, Public Prosecution Office and Office for Fight against Trafficking in Human Beings went to a study visit to the Criminal Police of the Federal State of Baden-Württemberg, which was organised within the Twining project IPA 2009 "Strengthening the Capacity of the Police Directorate". The educational programmes/campaigns: Within the Rulebook on the professional development of teachers for the school year of 2011/2012, the teacher’s training programme has been acredited, entitled "Integration of the prevention principle through the education system", envisaging also the introduction of the topic of human trafficking as a separate teaching unit within the regular school subject Civic education, and making the education of children about this phenomenon compulsory and thus systemically tackled. In the period from January to November, a total of 70 teachers across Montenegro attended the abovementioned training programme, with a teacher's methodology manual having been developed on the best methods of spreading knowledge on human trafficking, as well as information materials for students. The Government has allocated funds for the operations of an SOS line for victims and potential victims of human/child trafficking and for an on-going campaign for the promotion thereof. The public presentation of the Office for Fight against Trafficking in Human Beings has been intensified through designating a person responsible for public relations, regular updates of web site: www.antitrafficking.gov.me, thus providing the transparency of work and increased presence of the human trafficking topic in the media. October has been declared a month of fight against human/child trafficking, with intensified preventive activities towards reducing the risks of the appearance thereof. In addition, an analysis of regional and national trends and research done in cooperation with the Office of the Protector of Human Rights led to the conclusion that children without parental care and child beggars in the streets are one of the most vulnerable categories of the population when it comes to human trafficking. Focusing on education and on strengthening their resistance to this phenomenon, the Office for Fight against Trafficking in Human Beings together with the Ombudsman Office launched activities of the campaign titled as "Help them learn something new" in mid-2011. Having in mind that tourism is one of the primary industries of the Montenegrin economy, each year in the period prior to the tourist season we intensify a campaign for raising awareness of the entire public of the human trafficking phenomenon. To that regard, promotional materials are distributed in all tourist centres (leaflets, posters, sugar sachets for hospitality facilities with the SOS line number printed thereon, etc.) Through the border police, posters with the SOS line for trafficked persons are displayed at all border crossings in Montenegro. The same poster is also displayed at all railway stations and bus stops across Montenegro. A campaign has also been run for promoting the principle of the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism, signed by 244 representatives of the tourism industry in Montenegro. ANNEX V 24...statistical data on the number of complaints received and investigated, as well as the number of prosecutions and convictions - Statistics of the Police Directorate In the period from 01/01/2008 to 30/06/2012, 41 police officers have faced accountability for committing a severe disciplinary offence - abuse of office or exceeding authority. The acts of committing an offence from the above cases took place by exceeding authority through the use of the means of coercion - physical force and baton. In the above period, no case has resulted in any violation of human rights (torture, intimidation or extortion of testimony). A severe disciplinary offence from Article 59 item 4 of the Law on Civil Servants and State Employees - abuse of office or exceeding of authority
Statistics of the Public Prosecution Office For committing the offence - unlawful deprivation of liberty from Article 162 of the Criminal Code, criminal complaints have been filed against 11 persons. The criminal complaints against 3 persons have been dismissed, due to the lack of reasonable grounds that the offence has been committed. Proceedings upon criminal complaints against 5 persons are in the stage of preliminary investigation. Three persons have been indicted upon the completion of the preliminary proceedings. The criminal proceedings resulted in a conviction against 1 person. For committing the criminal offence – extortion of testimony from Article 166 of the Criminal Code, complaints have been filed against 4 persons. The criminal complaints against 2 persons have been dismissed due to the lack of reasonable grounds that the alleged criminal offences have been committed, an indictment has been brought against 1 person after the completion of the preliminary proceedings, while a complaint against 1 person is in the stage of preliminary investigation. In the reporting period, courts have passed 3 sentences, namely 1 conviction (suspended sentence) and 2 acquittals. For committing the criminal offence - abuse from Article 166a of the Criminal Code, complaints have been filed against 4 persons. The criminal complaints against 12 persons have been rejected, due to the lack of reasonable grounds that the offence has been committed. 11 persons have been indicted after the completion of the preliminary proceedings, while complaints against 13 persons are in the stage of preliminary investigation. In the reporting period, courts passed sentences against 8 persons, out of which convictions against 5 persons and acquittals for 3 persons. For committing the criminal offence - torture from Article 167 of the Criminal Code, complaints have been filed against 36 persons. The criminal complaints against 19 persons have been dismissed due to the lack of reasonable grounds that the alleged criminal offence has been committed, 8 persons have been indicted after the completion of the preliminary proceedings, while the complaints against 9 persons are in the stage of preliminary investigation. Based on the indictments in the reporting period and indictments pending from an earlier period, courts have convicted 15 persons.
In 2009, there were 10 cases of torture in the basic courts in Montenegro in which the defendants were law enforcement officers (police officers, customs officers, etc.) with convictions against 5 persons, namely: two punishments to the imprisonment of 4 to 6 months, and 3 suspended sentences ranging from 3 months in prison suspended for 1 year to 3 years of prison suspended for 1 year. In 20010, there were 10 cases of torture in the basic courts in Montenegro in which the defendants were law enforcement officers (police officers, customs officers, etc.) with convictions against 10 persons, namely: two punishments to the imprisonment of 3 to 5 months, and 8 suspended sentences ranging from 3 months of prison suspended for 1 year to 14 months of prison suspended for 3 years. In 20011, there were 14 cases of torture in the basic courts in Montenegro in which the defendants were law enforcement officers (police officers, customs officers, etc.) with 5 convictions, namely: 5 suspended sentences ranging from 60 days of prison suspended for 2 years to 1 year of prison suspended for 2 years. In 20012, there were 7 cases of torture in the basic courts in Montenegro in which the defendants were law enforcement officers (police officers, customs officers, etc.) with 2 convictions, namely: 2 suspended sentences, namely to 30 days of prison suspended for 1 year and 2 months of prison suspended for 2 years.
In 2007, the Internal Control Division received, for the purpose of checking the allegations, 142 complaints by citizens and legal persons referring to the conduct of the Police Directorate employees. Out of the above number, such checks in 37 cases referred to complaints by citizens about the alleged exceeding of police authority in the use of the means of coercion, or to the checks of media reporting in such cases. The checks resulted in the following findings: 11 complaints were found admissible, 26 complaints were found ungrounded. In the case of the admissible complaints, it was proposed that disciplinary proceedings be instituted against 21 Police Directorate employees and subject files supplied to competent state prosecutors in 4 cases. Pursuant to the proposal by the Internal Control Disciplinary Commission, the Police Directorate imposed the final disciplinary measures as follows: termination of employment - 1 employee, a fine amounting to 30% of monthly salary for the month when the disciplinary offence was committed - 6 employees, a fine amounting to 20% of the monthly salary for the month when the disciplinary offence was committed - 5 employees, acquitted - 3 employees. In 2008, the Internal Control Division received, for checking the allegations, 202 complaints by citizens and legal persons referring to the conduct of the Police Directorate employees (68.01% of the total number of complaints). Out of that number, the checks in 35 cases referred to complaints by citizens about the alleged abuse or exceeding of police authority in the use of coercive means, or to the checks of media reporting in such cases. The checks resulted in the following findings: 17 complaints were found admissible, 18 lacked ground. Despite the fact that these complaints were found ungrounded, the case files for four cases were submitted to a competent state prosecutor for evaluation and decision, this even more so due to positive legal regulations providing a prosecutor with much more authority in establishing relevant facts. In the admissible complaints, it was proposed to initiate disciplinary proceedings against 18 employees of the Police Directorate. In addition, out of the 17 cases herein, in 15 cases the subject files were submitted to competent state prosecutors for evaluation and decision on the existence of any criminal offence elements in the acts and treatment by the police officers. Pursuant to the proposal by the Internal Control Disciplinary Commission, the Police Directorate imposed the final disciplinary measures as follows: a fine amounting to 30% of monthly salary for the month when the disciplinary offence was committed - 7 employees, a fine amounting to 25% of the monthly salary for the month when the disciplinary offence was committed - 1 employee, a fine amounting to 20% of the monthly salary for the month when the disciplinary offence was committed - 6 employees, and acquitted of disciplinary accountability - 2 employees. Apart from the disciplinary measures imposed by the Police Directorate's Disciplinary Commission, an employee was imposed a disciplinary measure based on such a proposal by the internal control, for a lighter disciplinary offence, the measure herein being imposed by the immediate superior pursuant to the Law on Police. In 2009, the Internal Control Division received, for checking the allegations, 137 complaints by citizens and legal persons referring to the conduct of the Police Directorate employees (67.15% of the total number of complaints at the Police Directorate level). Based on establishing the data from 2008, when the Internal Control Division acted upon 202 complaints - complaints about the conduct by the Police Directorate employees, it is evident that the Department received 65 complaints less in 2009 comparing to 2008 (a drop in the number of complaints by 32.17%) Out of 137 cases, the checks in 20 cases referred to the complaints of citizens the contents of which could have been treated as the cases of reporting abuse committed by police officers or their exceeding the police authority in the use of coercive means, or the checks of the media reporting in such cases. The checks resulted in the following findings: 8 complaints were found admissible, 12 complaints were found ungrounded. In two cases with the complaints being found to lack grounds, given that the complaints contained serious accusations due to which they can be treated as criminal complaints, it was proposed for the files to be submitted to the competent state prosecutor for the final decision. In the case of admissible complaints, it was established as follows: The Internal Control Division proposed the instituting of disciplinary proceedings against six employees of the Police Directorate, the Internal Control Division proposed submitting the case files to the competent state prosecutors in four cases, the Internal Control Division proposed submitting the case files to the Ethics Committee of the Police Directorate in one case, for the evaluation of ethics in the conduct of the police officer; in one case measures have already been taken by the immediate superior in terms of supplying the case files to the Ethics Committee of the Police Directorate, for the evaluation of ethics in the conduct of the police officer. Based on the measures proposed, in the period up to the present, the following final disciplinary measures have been imposed: - a fine amounting to 30% of the monthly salary for the month when a severe disciplinary offence was committed was imposed on two police officer, while one police officer was imposed the punishment of employment termination. In the remaining cases, the procedures of determining disciplinary accountability of the officers are pending. The Internal Control Division has carried out checks of legality of conduct in 95 cases during 2010. Out of that number, the checks in 13 cases referred to the complaints of citizens which in their content could be treated as the cases of reporting the police torture. The checks resulted in the following findings: 2 complaints were found admissible and 11 ungrounded. In two cases with the complaints being found to lack grounds, given that the complaints contained serious accusations due to which they can be treated as criminal complaints, it was proposed for the files to be submitted to the competent state prosecutor for the final decision. In the case of admissible complaints, it was established as follows: The Internal Control Division proposed instituting disciplinary proceedings against three employees of the Police Directorate and supplying files to the competent state prosecutor in this case, and in one case measures have already been taken by the immediate superior in terms of filing a criminal complaint against a police officer and instituting a disciplinary proceedings. Based on the measures proposed, in the period up to the present, the following final disciplinary measures have been imposed: - three employees have been acquitted, - in the same case the competent state prosecutor declared giving up on any further prosecution due to the lack of evidence that the employees committed a criminal offence prosecuted by virtue of office. Except for the cases where the Internal Control Division acted on the complaints by citizens and legal persons, based on a doubt of exceeding authority, three controls - checks have also been carried out - of the legality of conduct by police officers. In these cases, the Internal Control Division of the police found that: in one case, no facts and evidence have been established in the checking procedure which would indisputably indicated that the complaint allegations were grounded, i.e. that the acts and conduct of the police officers who were subject to complaints included elements for instituting the procedure for establishing their disciplinary or other accountability therein; in another case, the control procedure established that the police officers of the Herceg Novi Regional Unit and their immediate superior have taken legal action aimed at establishing criminal and disciplinary accountability of the authorised police officers.
- During 2011, 14 disciplinary proceedings have been instituted against 18 civil servants and state employees, namely: -against 9 civil servants and state employees, due to a severe disciplinary offence of an omission to act or unconscientious, untimely or negligent acts in the course of performing the duties of office from Article 59 para. 1 item 1 of the Law on Civil Servants and State Employees: -against 2 civil servants and state employees for a severe disciplinary offence of refusing to carry out an order or work task from Article 59 para. 1 item 2 of the Law on Civil Servants and State Employees: - against 2 civil servants and state employees for a severe disciplinary offence of abuse of office or exceeding authority from Article 59 para. 1 item 4 of the Law on Civil Servants and State Employees: - against 2 civil servants and state employees for a severe disciplinary offence of abuse of office or exceeding authority from Article 59 para. 1 item 4 of the Law on Civil Servants and State Employees in concurrence with a severe disciplinary offence of violating duties of office which resulted in severe consequences for the parties involved or the state authority from Article 59 para. 1 item 3 of the Law herein. The statistics of court cases of torture45- In 2009, the basic courts in Montenegro worked on 10 cases of torture resulting in 5 convictions with the following punishments: two punishments to the imprisonment of 4 and 6 months, and 3 suspended sentences ranging from 3 months of prison suspended for 1 year up to 3 years of prison suspended for 1 year. In 2010, the basic courts of Montenegro worked on 22 cases of torture which resulted in 12 convictions with the following punishments: 4 punishments to the imprisonment ranging from 3 to 5 months, and 8 suspended sentences ranging from 3 months of prison suspended for 1 year up to 14 months of prison suspended for 3 years. In 2011, the basic courts of Montenegro worked on 14 cases of torture which resulted in 5 convictions with the following punishments: 5 suspended sentences ranging from 60 days of prison suspended for 2 years up to 1 year of prison suspended for 2 years. In 2012, the basic courts of Montenegro worked on 7 cases of torture which resulted in 2 convictions with the following punishments: 2 suspended sentences, namely to 30 days of prison suspended for 1 year and 2 months of prison suspended for 2 years. ANNEX VII An overview of the Criminal Procedure Code provisions relating to compensation of damages, rehabilitation and exercise of other rights of unjustifiably convicted persons, persons illegally or groundlessly deprived of liberty (Art. 498-506). Title XXXI Yüklə 0,59 Mb. Dostları ilə paylaş:
|