Recommendations and shortcomings in the correctional system: the Ministry of Interior concluded that the system was not prepared and trained for high-risk situations

Deputy Ombudsman Mirjana Radović noted in her opinion a series of serious shortcomings in the actions of the police in the tragedy that occurred in August 2022 in Cetinje...

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On-site investigation in Cetinje after Borilović killed ten people, Photo: BORIS PEJOVIC
On-site investigation in Cetinje after Borilović killed ten people, Photo: BORIS PEJOVIC
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The announced amendments to the Law on Weapons and Ammunition are in the final stage, the verification of candidates who applied for the competition for police officers is nearing completion, and procedures and guidelines for dealing with the most challenging crisis situations have been defined. The Police Administration (UP) has also been reorganized and the capacities of security centers and departments have been strengthened, especially in Cetinje. The Special Police Unit (SJP) is on duty 24/7, and a decision has been signed to install video surveillance on the territory of the Royal Capital, while the public procurement procedure in this regard should begin at the end of the year.

This was, among other things, stated to "Vijesti" by the Ministry of Internal Affairs (MUP), responding to questions regarding the recommendations recently sent to that department by the Protector of Human Rights and Freedoms (Ombudsman), and regarding the actions taken during the tragedy that occurred in Cetinje three years ago, when Vuk Borilović committed mass murder and killed ten people in the Cetinje settlement of Medovina, wounded six, after which he was killed by the police...

The Ombudsman recently issued an opinion based on a complaint Vesna Pejovic, mothers Natasa Martinovic and grandmothers Brand i Masan Martinovic, who were killed in that tragedy.

Pejović filed a complaint against the work of the Police Department and the basic state prosecutor's offices in Cetinje and Nikšić, and the key conclusion of the Protector is that the Police Department violated the right to life of Nataša, Marko and Mašan.

Another tragedy struck the capital on January 1st of this year, when Aco Martinović killed 13 people and then committed suicide. A total of 23 people were killed, including four children....

OPINION OF THE PROTECTOR

Deputy Ombudsman Mirjana Radovic In its opinion, it noted a number of serious shortcomings in the actions of the Police Department in the tragedy that occurred in August 2022. Among other things, it was recommended that the Ministry of Interior, or the Police Department, ensure the employment of the missing number of police officers, provide the necessary funds and equipment for their work, periodically review their psycho-physical condition, and ensure periodic checks on the correctness of work tools and equipment, including means of coercion.

Also, one of the recommendations is that the Ministry of Interior/Administration of the Republic of Serbia provide periodic training on the application of police powers, and to create a detailed plan for dealing with crisis situations, with a precise listing of persons responsible for implementing the plan, and then conduct training for officers in this regard.

MUP: NEW LAW RESPONSE TO RECOMMENDATIONS

From the department he leads Danilo Šaranović, in a response to "Vijesti", stated that the new Law on Weapons and Ammunition "directly responds" to the recommendations made by the Protector:

“By prescribing: stricter procedures for issuing licenses, including mandatory psychological and psychiatric assessments of candidates; a shorter period of validity of weapons documents (weapon certificates), which will contribute to more frequent checks of the fulfillment of the conditions for possession of weapons by each weapon owner; simpler procedures for confiscating weapons from any person who ceases to meet any of the prescribed conditions for possession of weapons.”

Amendments to the Weapons Law in the Final Phase: Šaranović
Amendments to the Weapons Law in the Final Phase: Šaranovićphoto: Luka Zeković

The Protector, among other things, recommended hiring the missing staff in the UP.

At the beginning of the year, the Ministry of Interior announced a public call for a special recruitment procedure for 815 police officers.

1.384 applications were received in response to the call, of which, according to the Ministry of Internal Affairs, 708 were regular.

"Candidates from that list are subject to a security clearance check... and a check of special mental and physical abilities to perform police duties, which are being carried out as an urgent procedure and are ongoing," the department said.

As they added, on August 5, public calls were also issued for members of the commission to test the knowledge, abilities and skills of candidates:

"The inspection of the submitted documentation submitted by the persons to the aforementioned public calls is underway, after which the Ministry of Interior will compile a list of prominent experts in the criminal law field and/or the field of criminology and/or the field of security, or a list of certified experts in gender equality."

NO COMMENTS ON EXISTING EQUIPMENT

In addition to the staffing deficit, both the Ombudsman and the report adopted by the Parliamentary Committee for Security and Defense in mid-June on police activities during the tragic events in Cetinje also mention the lack of available protective emergency equipment, inadequate firearms on duty with police officers, and insufficient training in handling weapons...

One of the Ombudsman's recommendations in this regard was that the Ministry of Interior, or rather the Police Department, provide the necessary funds and equipment for the work of police officers.

In response to a question about this, Danilo Šaranović's department told "Vijesti" that candidates who have applied and passed the necessary tests and checks will be "provided with the necessary equipment in a timely manner." They also did not comment on the Ombudsman's allegations regarding the equipment of already employed police officers.

SYSTEMATIC ONCE A YEAR, EXTRAORDINARY AT THE REQUEST OF THE ELDER

All employees of the Ministry of Internal Affairs/Police have the right to one systematic examination per year, organized by the Department of Internal Affairs, they told "Vijesti".

It is systematically organized in cooperation with the Ministry of Health, and examinations are performed in health institutions that belong to the basic health care network, as a rule, according to the employee's place of work.

"At the request of the immediate superior of the organizational unit, an employee may be referred for an extraordinary systematic examination," they explained.

As the Ministry of Internal Affairs added, it systematically includes laboratory analyses, a radiological examination of the lungs (X-ray), ophthalmological, otorhinolaryngological (ENT), dental examination, then an examination by a psychologist and psychiatrist, and a general medical examination with an ECG.

"If the doctor assesses the need, the employee may be referred for additional specialist examinations, such as examinations by an endocrinologist, cardiologist and other specialists," the Ministry of Interior said.

COMMISSIONS TO FORM HEALTH CENTERS

A public debate on the Draft Law on Weapons and Ammunition was organized at the beginning of the year. Danilo Šaranović's department said that the proposal is currently being finalized:

"Considering that in the previous period, the competent ministries to which the draft law was submitted submitted their opinions regarding the harmonization of that regulation with other applicable regulations, before referring it to the European Commission for an opinion."

As they added, in cooperation with the Ministry of Health, provisions relating to the issuance of medical certificates for the possession and carrying of weapons have also been specified:

"The Ministry of Health has indicated that it is impractical and legally questionable for that ministry to carry out the tasks of determining medical fitness through a centralized Commission and issue appropriate certificates of medical fitness on that basis."

Instead, the Ministry of Internal Affairs added, these tasks, as suggested by the health department, should be performed by health institutions founded by the state.

"As well as limiting it to a smaller number of institutions, with the proposal that medical fitness should be determined by commissions formed by those health institutions, or health centers from the three regions of Montenegro."

The Ministry of Interior said that the goal of this cooperation is "to ensure a high level of expertise, objectivity and continuity in assessing the medical fitness of applicants":

"With a special focus on psychological and psychiatric assessment. This aims to prevent the possibility of abuse and ensure that weapons are in the hands of people who meet the strictest health criteria."

They add that these measures are "a direct response to worrying data and tragic events that have shown that the current system has significant shortcomings."

“Cooperation with the Ministry of Health is essential for building a safer and more accountable gun control system in Montenegro.”

The Ministry of Interior also said that the new law "will contain stricter criteria for issuing permits, tighter controls over legal weapons, as well as mechanisms for preventing abuse."

"The draft Law on Weapons and Ammunition largely incorporates the proposals contained in the 'Mark and Mašan Law' initiative, in particular the prescription of stricter conditions for issuing weapons certificates and a shorter period of validity of weapons certificates, mandatory psychological and psychiatric examinations of weapon owners when issuing certificates of medical fitness, as well as more efficient procedures for initiating the procedure for confiscating weapons in cases of any form of violence."

SPEED AND PRECISE COMMUNICATION ARE CRITICAL

When asked about the more specific steps and results that the department has taken regarding the prevention of events, such as the two tragedies in Cetinje, they said that the Ministry of Interior/Administration conducted an analysis, after which it was "concluded that the security system in the previous period was not adequately prepared or trained to act in these and similar high-risk situations."

"As the conducted analyses have shown, in crisis situations, the speed and accuracy of communication are crucial. Therefore, standard internal procedures define clear rules that ensure: rapid coordination of local, central and strategic levels; precise assignments of patrols and special units; and timely information to the public about risks, prohibited zones and protection measures."

Along with the reorganization of the Police Department, strengthening capacities and introducing 24/7 SJP duty, as they said, "active work is being done to connect the SJP with the Air and Helicopter Unit of the Ministry of the Interior."

"In order to ensure rapid deployment and greater operational reach of the SJP throughout the territory of Montenegro, with constant tactical training and improvement of procedures in crisis situations. In addition, police officers undergo specialist mental-tactical training that raises the level of operational readiness."

The Ministry of Internal Affairs adds that, in addition to the measures taken by that ministry, general prevention is also necessary, which "requires unified action by the entire society."

"Police, health, education, social services, the environment, the family, but also the active involvement of the NGO sector, citizens, i.e. society as a whole. Only by uniting capacities in this way can we achieve the highest level of security and protection of citizens' lives," the Ministry of Internal Affairs said.

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