The Council of Europe (CoE) Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has recommended that Montenegro undertake effective investigations into allegations of abuse of detainees, saying that the current practice of police impunity must end.
Today, the Committee published a report on the ad hoc visit of its delegation to Montenegro from June 7 to 13, 2022, together with the Montenegrin Government's response.
The report states that several survivors of police torture told the delegation about police abuse, threats with weapons, use of electric shockers, driving in police cars outside Podgorica, for example to Kakaricka gora, or outside Bijeli Polje.
"The delegation of the Committee received a significant number of allegations that police officers seriously physically mistreated the detainee. These include allegations against officers of the Sector for Combating Organized Crime and Corruption, special units, criminal police and inspectors from various police stations in several parts of the country. related to slaps, punches and kicks to the head, stomach, chest and hands and kicks on the soles, grabbing and squeezing the genitals of the suspects, electro-shocks with a dog collar while causing a feeling of suffocation by placing a plastic bag over the suspect's head, threats with a gun, threats of rape and stripping the suspects, tying them to a chair and dousing them with cold water," the report says.
In addition, the delegation also heard of threats made to the suspect's children or other family members in order to pressure them into confessing or divulging certain information. In the Committee's view, these alleged acts may amount to torture.
"Most of the alleged torture and/or ill-treatment occurred during the pre-investigation phase of criminal proceedings, apparently for the purpose of extracting information or confessions. In many (but by no means all) cases, these allegations related to persons who were called to police premises to give an initial statement or information, but who have not yet been formally identified as suspects. They are invited to an 'informative interview' with the police. Protective measures for such interviews must be strengthened," SE reports.
The committee's report makes a number of recommendations to address this phenomenon, including calling on the Home Secretary, the Director of Police and regional police directors to actively promote a change in practice in law enforcement agencies.
"Police officers should be encouraged to report all cases of peer violence through clear reporting lines to a specific authority outside the police unit concerned. Also, a strong legal framework should be put in place to protect individuals who disclose information about abuse and other abuses."
In addition, the Committee believes that it is essential to undertake effective investigations into allegations of ill-treatment in order to ensure that criminal acts by the police will be punished.
In cells 23 hours a day
The committee, as stated, established that the detainees in the Spuž Investigation Prison and the investigation department of the Bijelo Polje Prison were for a long time in poor conditions and without any purposeful regime.
"The situation is exacerbated by the fact that detainees are confined to their cells 23 hours a day for months (and even years) on end, with numerous court-imposed restrictions during the pre-trial period."
The cumulative effects of this situation for detainees, especially in the Investigation Prison in Spož, together with the reduced frequency of contact with the outside world can, in the opinion of the Committee, lead to inhumane and degrading treatment.
"The Montenegrin authorities should design and implement a comprehensive regime of out-of-cell activities for detainees, among other measures to improve the situation," the Committee's report says.
In their response, the Montenegrin authorities, they added, refer to various measures, including ongoing investigations and some convictions of police officers in relation to specific cases highlighted by the Committee.
They also refer to training programs for police officers and note that there has been an increased use of body-worn video cameras for police officers and improved means of identifying officers and the equipment they use during interventions.
"Also, the authorities state the measures that are underway to strengthen protective mechanisms against abuse. In addition, the answer refers to improvements in the material conditions of the visited prisons and further plans for the construction of a new prison in Mojkovac," the Committee's report reads.
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