Although it has been talked about for years that minors who are victims of violence must be provided with special conditions in criminal proceedings, the majority of Montenegrin courts do not yet have special waiting rooms for minor victims of crimes, nor do they have all the technical means needed to hear children.
This can also be concluded from the Analysis of the penal policy of Montenegrin courts in cases of sexual violence against minors, which was done by the Supreme Court.
"In the basic courts in Montenegro, there are no special waiting rooms (separate from the courtrooms) for the victims of these crimes, and there are no technical means to ensure that the injured party, as a prosecutor or witness, does not feel uncomfortable about appearing in court," the analysis reads. .
It is added that the basic courts, however, in each individual case, when there is a need to hear witnesses-damaged, take all necessary measures to prevent the victim from meeting the defendant.
Also, even in the Podgorica High Court there is no special waiting room for victims of criminal acts, but specific offices of professional services are used.
"There are two courtrooms in the High Court in Podgorica, which are equipped with modern technical means and are connected to the courtrooms, so they can be used as such when hearing the injured parties in a special way," the analysis reads.
It is added that only the Bjelo Polje High Court has a specially equipped room for injured parties, and that it is also equipped with the necessary technical means, i.e., audio-visual equipment, which enables the hearing of injured parties in the courtroom, without their immediate presence.
Although that analysis was done in May of last year, that court told "Vijesta" that it is still too early to talk about the effects that were intended to be achieved with the document.
They explain that this analysis was presented in December of last year, when the conclusions and recommendations on the improvement of that area were adopted, and that the analysis will soon be submitted to all courts.
"When it comes to recommendations related to strengthening the capacity of expert services in higher courts and premises in basic courts with the aim of improving the procedure 'tailored to the child', and organizing training for judges on the implementation of the Lanzarote Convention, we indicate that they have already been achieved in this direction results", they state from the Supreme Court, without specifying what was specifically achieved.
They add that in the coming period, they will continue with education in order to provide support to minors, in order to make their stay in court as less traumatic and painful as possible.
"In cooperation with UNICEF, we will consider the best model for creating "child-friendly" rooms in courts. "Also, the program of the Center for Training in the Judiciary and the State Prosecutor's Office for continuous training for judges and state prosecutors foresees the holding of a seminar on the topic of the "Lanzarote Convention" in the fourth quarter of the current year," said the Supreme Court.
Ten years ago, the country signed the Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse (Lanzarote Convention), and has not yet complied with most of its recommendations in terms of conducting court proceedings "according to the child".
They are not entitled to free legal aid
The document also pointed out that laws should be changed in terms of the availability of free legal aid to children who are victims of sexual violence.
Victims of crimes against sexual freedom cannot exercise the right to free legal aid, unless they meet the general conditions. It would be useful to consider a proposal to expand the group of persons who can enjoy the right to free legal aid, bearing in mind the vulnerable category of minors - victims of crimes against sexual freedom," the document reads.
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