The inclusion of experts from non-governmental organizations in working groups for amendments to the Code of Criminal Procedure and the Criminal Code is essential, given the limitations in personnel and technical resources, said Minister of Justice Andrej Milović, at a meeting with the executive director of the NGO Action for Human Rights. rights (HRA) Teom Gorjanc Prelevic.
Milović said that this is a very welcome help in the reform process.
The Ministry announced that at the meeting, which was "marked by a constructive dialogue and presentation of key theses regarding the upcoming reforms in the judiciary", the need to change the Constitution was particularly emphasized, in order to "adapt it to the new needs of Montenegro".
Gorjanc Prelević, as stated, presented HRA's remarks regarding the draft law on amendments to the Law on the Judicial Council and Judges, the Law on the State Prosecutor's Office, the Criminal Code, the Code of Criminal Procedure and the Law on Free Legal Aid.
She pointed out that the HRA advocates taking into account the recommendations of international monitoring bodies and the Venice Commission, as well as the UN Committee against Torture (CAT) and the European Committee for the Prevention of Torture (CPT), which Montenegro received from 2013 to 2023. , and which the HRA also pointed out - that all acts that lead to torture do not expire. Among these acts, in addition to torture, there are also extortion of statements and abuse.
Also, the HRA proposed the inclusion of the Istanbul Protocol in the Code of Criminal Procedure so that a psychiatric examination would be mandatory in case of suspicion of coercion of testimony, abuse or torture, the prescription of mandatory recording of testimony at the state prosecutor's office, i.e. at the police, and shortening the 24-hour time period in which the police brings a person deprived of liberty to the state prosecutor in order to strengthen guarantees against torture in the Criminal Procedure Code.
The Minister of Justice and the Executive Director of the HRA agreed that the conditions in the Remand Prison are extremely inadequate, as they violate the human rights of detainees, and Milović, as reported, confirmed the Government's commitment to expanding capacity and improving conditions.
"The meeting was concluded with a joint note on the importance of further cooperation between the Government of Montenegro and the NGO Action for Human Rights in achieving the goals of judicial reforms and improving human rights, especially with regard to considering the conditions for conducting vetting", it concludes.
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