The fight against torture and gender-based violence must be a joint task of all institutions, and the prosecution of abuse should be urgent and effective, as assessed by the panel "Monitoring Trials in Cases of Torture and Gender-Based Violence", organized by the Human Rights Action (HRA) and the Women's Rights Center (WRC).
Supreme State Prosecutor Milorad Marković said that every allegation of abuse, especially when it comes from civil servants or when the victims are persons in a vulnerable position, represents a serious test for the State Prosecutor's Office, but also for the entire judicial system.
"The role of the prosecution is clear. We are obliged to act professionally, impartially and efficiently, to ensure thorough investigations and to present evidence to the court that enables fair decisions to be made," said Marković.
Marković recalled that in the previous two years he had issued several general binding instructions regulating various segments of prosecutorial proceedings, with the aim of harmonizing practice, strengthening efficiency and raising the level of human rights protection.
He said that the fight against torture and gender-based violence must be a joint task of all institutions.
"Only through coordinated action by the prosecution, courts, police and organizations that provide support to victims can we further improve the progress already made and ensure that it is long-term and sustainable," said Marković.
The President of the Constitutional Court, Snežana Armenko, recalled that for years, the court has dealt with the efficiency of state bodies' actions regarding torture through several well-known cases, such as the Zlatarska Street case, the beating of Milorad Mio Martinović, and the Milić and Nikezić case, which also received their epilogue before the European Court of Human Rights (ECHR).
She said that the important contribution of the Constitutional Court is reflected in the case concerning inadequate penal policy in accordance with the latest ECHR standards in the case of torture in the Directorate for the Execution of Criminal Sanctions.
According to her, this case represented a turning point in the Constitutional Court's practice to date in these most sensitive cases, important for the protection of the rights of these persons both at the national level and for the state's reputation at the international level.
"Our contribution was therefore to emphasize and establish a standard that it is not enough to obtain a conviction, but also that the penal policy be such that it deters such conduct, especially those who are tasked with protecting the persons under their control, away from the public eye," Armenko pointed out.
She said that the Constitutional Court is the last defender of human rights protection at the national level and is therefore an active and ultimate participant in court proceedings from the aspect of protecting human rights and freedoms.
Armenko said that constitutional appeals regarding alleged violations of the right to the prohibition of torture will always be a priority for the Constitutional Court.
She said that an increasing number of complex and challenging cases are coming before the Constitutional Court.
As she added, these cases require serious analysis and trained staff who will fully apply European standards so that citizens receive justice before domestic authorities, without waiting to go to the European Court, where decisions can also take several years.
The Head of the European Union (EU) Delegation to Montenegro, Johan Sattler, said that they want to see progress in the fight against torture in order to close Chapters 23 and 24.
Sattler praised the Government for adopting the first Strategy and Action Plan for Victim Protection in December last year.
This, he added, is a good step forward in terms of closing Chapter 23.
Speaking about access to justice, he said that this instrument must be practical and effective, adding that legal aid plays a vital role in protecting victims of torture and violence.
"Access to justice requires independent courts, timely trials, because justice that lags behind is justice that does not take effect, so courts must have support even in the form of digital instruments, and we must have consistent case law," said Satler.
He stated that some progress has been made, but that more needs to be seen in practice if Chapters 23 and 24 are to be closed.
HRA Executive Director Tea Gorjanc Prelević said that public trust in the rule of law has been seriously undermined.
"The impression of tolerance and even complicity is still present," said Gorjanc Prelević, stating that certain progress is not enough.
She recalled that the general final benchmark for closing Chapter 23 is that Montenegro must protect human rights in law and practice, and ensure a prompt and adequate judicial response to abuse in line with the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).
"However, we know that these recommendations have not been fulfilled, which is confirmed by the data from the CPT findings that were leaked recently," said Gorjanc Prelević.
She added that it is particularly concerning that these findings and the Government's response have been withheld from the public.
"We believe that the European path requires complete transparency and decisive implementation of the CPT recommendations to the greatest extent possible already this year," said Gorjanc Prelević.
She said that data on the actions of the state prosecutor's office over the last four years shows a mixed picture.
"From 2022 to 2025, 268 cases were filed against at least 424 people, including civil servants, due to allegations of abuse," said Gorjanc Prelević.
She said that charges were filed in every fifth case, while half of the reports were dismissed and almost a third remained unresolved.
"At the same time, there has been an increase in the number of reports of abuse. Last year, the highest number of reports was filed in the last four years, 75, which is four times more than in 2022," added Gorjanc Prelević.
She also said that there has been some improvement in convictions as well as a slight tightening of sentencing policy.
Gorjanc Prelević said that absolute statutes of limitations in cases of police abuse in Podgorica and Bar show that the system continues to fail.
"Prosecution of abuse must be urgent and effective," said Gorjanc Prelević.
Executive Director of the Croatian Center for Women Maja Raičević said that gender-based violence and violence against women is one of the most widespread forms of crime, as evidenced by statistical data.
She stated that unlike other crimes, domestic violence occurs within the home, in relationships that should be based on trust and security.
"That is why the fight against violence is not just a matter of individual protection, but also a matter of justice, security and commitment to the rule of law," Raičević stated.
She said that 41 court cases were monitored during the monitoring, 26 in Podgorica and 15 in Nikšić.
"This monitoring has made an important contribution to the transparency of court proceedings and provides a deeper understanding of the challenges faced by victims," said Raičević.
She said that the fight against violence is a long-term process in which it is crucial that everyone works in the same direction.
The Protector of Human Rights and Freedoms Siniša Bjeković said that it is the moral, political, and social obligation of a state to oppose all forms of torture and all forms of domestic violence and violence against women.
He said that the role of the Protector's institution is preventive and reactive.
Bjeković said that Montenegro cannot be a country with multiple standards when it comes to human rights and freedoms.
He said that institutions must act with due diligence in these cases because torture does not tolerate delays.
Bjeković, in the context of Montenegro's accession to the EU, said that without a clear fight against torture, without efficient and effective investigations of these cases, without appropriate court decisions, and proportional sanctions, there will be no progress.
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