UN Committee Calls on Montenegro to Establish Enforced Disappearance as a Specific Criminal Offense

The United Nations Committee on Enforced Disappearances (CED) has called on Montenegro to amend its Criminal Code to define enforced disappearance as a separate criminal offense, with a long statute of limitations commensurate with the gravity of the offense.

Human Rights Action (HRA) announced that the CED published its concluding observations on Montenegro on Tuesday, after considering the country's report on the implementation of the International Convention for the Protection of All Persons from Enforced Disappearance during its recent session.

The conclusions, as stated by the non-governmental organization (NGO), contain the Committee's main concerns and recommendations regarding the implementation of the Convention, but also highlight positive aspects.

The HRA said that, in relation to Montenegro, the Committee welcomed the adoption of the Guidelines for the Search for Missing Persons and the Strategy for the Investigation of War Crimes for the Period 2024–2027.

"He noted the adoption of the Law on Amendments to the Law on Veterans' and Disability Protection, which recognized the status of civilian victims of war for all missing and killed civilian victims of armed conflicts from the 1990s in the former Yugoslavia, and provided their family members with monthly financial compensation," the statement said.

It is stated that the Committee also took into account that the state this year provided one-time financial assistance in the amount of 100 thousand euros for 16 identified families in the cases of Murino, Tuzi, Štrpci and the deportation of refugees, as well as that Guidelines on compensation for victims are being prepared.

“At the same time, the Committee expressed concern about the limited progress in clarifying the fate and whereabouts of missing persons, the identification of their remains, as well as excessive delays in investigations and prosecutions in war crimes cases,” the HRA said.

It was recommended, as stated by the NGO, that Montenegro strengthen regional cooperation to facilitate the exchange of information and evidence in order to find and identify missing persons, as well as investigate all cases, prosecute suspected perpetrators, and provide support to victims.

The statement states that the Committee expressed concern that existing reparation measures only include monetary compensation, which victims can only obtain through civil proceedings.

"He also expressed concern about the delay in the implementation of the Law on Compensation for Victims of Crimes until Montenegro's accession to the European Union, as well as the obstacles faced by relatives of missing persons and victims of war crimes in exercising their right to compensation," HRA said.

They said the Committee called on Montenegro to ensure that every person who has suffered harm in connection with an enforced disappearance has access to a comprehensive reparations program, even in cases where criminal proceedings have not been initiated.

HRA stated that it was also recommended that Montenegro quickly implement the Law on Compensation for Victims of Crimes and remove obstacles that limit access to compensation for relatives of missing persons, including statutes of limitations, and ensure their equal treatment as victims of war crimes.

"The Committee reiterated its recommendation that Montenegro amend the Criminal Code to establish enforced disappearance as a separate and independent criminal offense, with a statute of limitations that would be long and proportionate to the gravity of the offense, i.e., would only begin to run from the moment the offense ceases," the statement said.

The chance to fulfill this recommendation, as stated by the HRA, already exists now, since the Proposal for Amendments to the Criminal Code of Montenegro is currently in the parliamentary procedure.

The NGO said that the Committee also recommended amendments to the Law on Free Legal Aid, so that victims of enforced disappearances would be able to exercise their right to free legal aid.

"In addition, it was requested to ensure that the legal status of missing persons and their relatives in areas such as social protection, family and property law is regulated without the need to declare a missing person dead, including the establishment of a special procedure for declaring a missing person as deceased due to enforced disappearance," the statement said.

HRA said that they will continue to monitor the implementation of these recommendations and are actively advocating for their full implementation.