Overcrowding in the rooms at the Spuž Remand Prison is a key problem, which affects living conditions and health care. Hygiene is not at a satisfactory level, and detainees need to be provided with a psychologist and fresh air.
This is the conclusion of the human rights defender, who visited the pre-trial detention center last year as part of the national preventive mechanism against torture.
"Although detainees are generally satisfied with the treatment of staff and nutrition, it is evident that the lack of space, limited time in the fresh air affects the quality of life and increases the risk of stress and conflict. Hygienic conditions and the state of infrastructure are not at a satisfactory level, especially with regard to the conditions in the rooms, sanitary facilities and shower cabins. The lack of personal space and privacy further worsens the psychological state of detainees. Health care is provided, but there are occasionally longer waits for examinations, which is particularly worrying for people with chronic diseases," the report on the prison visit states.
The Protector reminded the Administration for the Execution of Criminal Sanctions (UIKS) of its earlier recommendation to ensure equal or approximately equal material conditions for all detainees, preserved and functional furniture such as beds and mattresses, and to work on bringing the square footage of rooms into line with the CPT standard, and to provide at least a basic form of psychological support and fresh air in accordance with the Rulebook.
The Protector notes that on the day of the visit, there were 551 people in custody, while the capacity of the Remand Prison building is 292 places, but places have been provided for their needs in the short-term prison, and some will be transferred to the Remand Prison in Bijelo Polje.
They recalled the position of the European Committee for the Prevention of Torture that all services and activities within a prison will suffer if that prison has to accommodate a larger number of prisoners than intended, and the overall quality of life in that institution will deteriorate significantly:
"The degree of overcrowding in a prison or part of it can be so great that it is in itself inhuman and physically degrading. The large number of detainees for years has been a burden on the Remand Prison, but also a financial burden on the state, and alternative sanctions should be resorted to more often."
The general impression of the team of the National Preventive Mechanism against Torture is that in rooms where more detainees are held, the living conditions are worse - there is less oxygen, poorer lighting, hygiene, a higher risk of disease, increased frustration and violence.
Director of UIKS Darko Vukcevic In a comment on the Draft Report in March this year, it states that during 2024, the number of detained persons amounted to around 60 percent of the total number of persons deprived of their liberty. This, it claims, is a significantly pronounced imbalance between detainees and convicted persons, which has not been recorded in the prison system so far.
He claims that UIKS has used all available resources to find solutions to relieve capacity.
Vukčević explained that within the Remand Prison, capacities have been increased to accommodate 60 people, from 292 to 352, by building a new facility intended for the Health Care Sector's outpatient clinics.
He pointed out that, based on a security assessment, UIKS designated the entire facility of the Short Sentence Prison with 175 places for the accommodation of detained persons who were sentenced to detention by basic courts from the southern and central regions.
"Also, as a measure to relieve the accommodation capacity of detained persons, with the prior consent of the competent courts from the southern and central regions, a certain number of persons from the Podgorica Remand Prison are being sent to the detention unit of the Bijelo Polje Prison...", stated Vukčević, explaining that the security assessment is taken into account in each case, as well as that persons suspected of minor crimes are accommodated in these facilities.
Vukčević concludes that the UIKS issue is within the jurisdiction of all branches of government, especially since the European Committee for the Prevention of Torture, during its visit to the Montenegrin prison system in 2017, pointed out to the Montenegrin authorities that it is unlikely that providing additional accommodation will enable a permanent solution to the problem of overcrowding, without the parallel adoption of policies aimed at limiting the number of people sent to detention and adequate alternatives to prison, especially for certain categories of persons such as detainees.
Summer heat in a women's prison
Accommodation conditions in the Women's Prison in the Directorate for the Execution of Criminal Sanctions are adequate, although cooling the rooms on hot summer days remains a problem due to the lack of air conditioning.
A separate report states that of the 17 prisoners they found in the Women's Prison, 10 were working.
During the visit, it was noted that the resocialization program in the women's prison is being implemented by a male treatment provider.
“In this regard, it was pointed out that in implementing treatment and rehabilitation, the specific needs of women should be taken into account. International documents such as those advocated by the European Committee for the Prevention of Torture, and the Bangkok Rules state that staff who are in contact with prisoners should be predominantly women. It is desirable that programmes in women's prisons are implemented by women, in order to reduce risks and ensure an environment that enables rehabilitation without additional stress and fear. Women prisoners face specific challenges that may be different from those faced by men. Female staff in many situations have a greater sensitivity to understanding these challenges, including health problems (such as reproductive health, mental health, possible violence that prisoners have experienced.
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