Force has returned to the scene, we have the affirmation of violence at all levels, between states but also between people, and physical violence has become the best way to achieve a goal - said Nebojša Vučinić, a former judge of the European Court of Human Rights in Strasbourg.
He said this today at a roundtable discussion "Youth in the Justice System - Consideration of the Initiative to Reduce the Age Limit for Criminal Responsibility to 12 Years" organized by the Alumni Academy of the Faculty of Law of the University of Montenegro, of which Vučinić is president.
He said that peer violence is a systemic problem to which we do not have a systemic response.
"I think children under 14 can understand what it means when children with sticks attack someone who is withdrawn and shy," Vučinić pointed out.
According to him, "we have a complete breakdown of values, and there are daily calls for violence in social and political life," he pointed out, adding that violence is institutionalized today.
He emphasized that the focus is always on juvenile delinquents, and that no one pays attention to the victims of the violence they perpetrate.
The Deputy Protector of Human Rights and Fundamental Freedoms of Montenegro, Snežana Mijušković, pointed out that she does not agree with the term peer violence, and that it only indicates age.
"I prefer to point out the fact that it's violence among children, among young people, among adults and among the elderly - peer violence is a linguistic slaughter," she said.
She also said that Montenegro reformed juvenile law in the period from 2007 to 2010, "and that we received praise from foreign partners for being at the forefront of the law and for having an outstanding juvenile justice law."
She also said that Montenegro received recognition for the inclusion of Roma children in education.
"But anyone in education knows that Roma children do not have the necessary inclusion," Mijušković pointed out.
She said that according to the report on the state of human rights that the institution submits annually to the Parliament of Montenegro, there are no drastic violations of children's rights.
"But there are differences in the exercise of children's rights depending on where they live, whether in the north, south or central part of Montenegro."
Mijušković assessed that children and parents face various challenges every day.
"Children's growing up is becoming very complicated, they are facing great challenges, and when you look at society's response to all these challenges, then a big problem arises," said the deputy.
When it comes to lowering the age of criminal responsibility to 12, she said that "it is not something to be rushed into until all the necessary analyses have been done."
Lawyer Lara Dedić said that the Montenegrin judicial system provides good protection for minors in criminal proceedings, and that they are fully protected.
"I'm not sure that minors are ready to understand the concept of punishment and the concept of consequences, they can formally learn what punishment and procedure mean, but not the essence," she emphasized, noting that she has worked with minors.
In her experience, she said, children know how to distinguish between good and bad.
Reducing the sentence, she pointed out, is not a question that can be answered with a yes or no.
"Perhaps the limit should not be moved to 14 years of age, but perhaps there should be a possibility that, in relation to the individual case and the criminal offense committed, a team of experts could meet and assess whether the child can enter the zone of criminal responsibility," said Dedić.
She added that domestic violence is becoming more prevalent and that this is the core of the problem.
"...Because children are in contact with their parents, but also with their peers. With all the minors I worked with, domestic violence was present," she said.
State Prosecutor at the Basic State Prosecutor's Office in Podgorica, Marko Mugoša, said that a child is a mirror of his environment.
"When a child comes to us, it's already too late, the damage has been done. We deal with the consequences, and no one deals with the essence and cause of the problem. When it reaches us, it's already time to repair the damage," said Mugoša.
He added that by tightening the penalties, the misdemeanor proceedings become criminal and that nothing is achieved.
"The age limit should not be lowered because the problem is not the child, but what makes them behave that way," he said, pointing out that minors not only commit crimes involving violence, but also possession of drugs, illegal weapons and unauthorized use of vehicles.
"If society is in a bad state, even a child growing up in a bad family situation cannot be better off," the prosecutor pointed out.
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