The UN Human Rights Committee is concerned about information about the existence of corruption, especially in the judiciary, but also about the fact that there are currently not many final judgments involving high-ranking state officials.
"Montenegro must accelerate the completion of ongoing court proceedings in corruption cases involving high-ranking officials, ensuring that perpetrators, if found guilty, are adequately punished," said the Second Periodic Report of the body, which operates within the Office of the UN High Commissioner for Human Rights (OHCHR).
The Committee notes that certain measures have been taken in the area of combating corruption, but they are concerned about "information about the inefficiency of the Agency for the Prevention of Corruption, as well as the insufficient cooperation of that institution with state prosecutors' offices."
The Committee also states that it is necessary to increase the efficiency and independence of the Agency, by providing sufficient financial, human and technical resources...
"The capacity of police, prosecutors, and judges to identify and effectively resolve corruption cases needs to be strengthened," the report said.
They also expect that Montenegro will adopt a regulation during the year that will ensure that the institution of the Protector of Human Rights and Freedoms is fully in line with the principles relating to the status of such institutions. They also emphasize that the state should provide the institution with sufficient financial and human resources to ensure that it can effectively exercise its powers, but also that its recommendations are fully implemented.
Concerns about attacks and lawsuits against journalists
The Committee commended the measures taken by the state to improve the safety of journalists.
“The Committee welcomes the adoption of mandatory guidelines for prosecutors when dealing with cases of attacks on journalists, as well as amendments to the legislation to better protect media workers. The Committee is also pleased with the active support for the Commission for Monitoring Attacks on Journalists. However, the Committee remains concerned about the alleged increased prevalence of threats and attacks on journalists in recent years and the lack of full accountability in older cases, in particular the murder of Duško Jovanović in 2004 and the wounding of journalist Olivera Lakić in 2018,” the report stressed.
The Committee is concerned about information about strategic lawsuits (SLAPP) against journalists and the media.
They specify that these are most often defamation lawsuits, which aim to intimidate and silence journalists who report on issues of public interest. They also note that the state has not provided them with information regarding the outcomes.
Hate speech, gender-based violence…
The Committee also emphasizes that Montenegro needs to strengthen efforts to combat hate speech and hate-motivated violence.
It also emphasizes that the state must ensure that alleged hate crimes are thoroughly investigated and prosecuted, that perpetrators, if convicted, are punished with sanctions commensurate with the gravity of the crime, and that victims are compensated.
"Measures to combat hate speech online must be strengthened, through close cooperation with internet service providers, social media platforms and groups most affected by hate speech," the report stressed.
The UN Committee also highlights its concern about the prevalence of patriarchal attitudes and behaviors, including the reported increase in hate speech and violence against women in political and public life.
“The Committee welcomes the significant steps taken to strengthen the legislative and policy framework to combat violence against women. The Committee is, however, concerned about the allegedly high level of social tolerance and the prevalence of gender-based violence…”, the report states.
The Committee is also concerned that domestic violence is still often prosecuted as a misdemeanor, while when prosecuted as a criminal offense, it often results in lenient sanctions.
He specifies that there is still a high level of prejudice against the LGBT community, which manifests itself in various forms of discrimination, including hate speech and some cases of violence.
It welcomes the development of the Draft Law on Legal Recognition of Gender Identity Based on Self-Determination, but warns that this regulation has not yet been adopted.
“The Committee recognizes the efforts undertaken to address the issue of discrimination against Roma and Egyptians, but recognizes the marginalization of these groups, which relates in particular to inadequate and unequal access to formal employment. The Committee is concerned that, despite progress made in access to education, the secondary school completion rate among Roma and Egyptian children remains low,” the report states.
They also noted the imprecision of the retirement age for Constitutional Court judges.
The Committee is concerned about the lack of precision regarding the retirement age of judges of the Constitutional Court.
“The Committee regrets the excessive length of court proceedings, the large backlog of cases in criminal, civil and administrative proceedings, as well as in the Constitutional Court. The Committee is also concerned about the reported shortage of judges and court staff, as well as the unsatisfactory working conditions for judges and prosecutors, including the insufficient number of courtrooms,” the report states.
Increase efficiency in war crimes cases
The Committee is of the opinion that the state must strengthen its capacity for the prompt and efficient investigation and prosecution of war crimes cases.
"Judges and prosecutors should have an institutionalized program of specialized training on international criminal and humanitarian law, victims' rights, and best practices in handling war crimes cases. The State party should expedite the completion of ongoing cases and continue to investigate, but also, where possible, establish and prosecute command responsibility," it specified.
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