Police to keep an eye on children during searches: Ombudsman initiates special guidelines for dealing with minors

The Protector of Human Rights and Freedoms initiated the adoption of special guidelines for the conduct of police officers during searches and other police actions when children are present, after considering a complaint from a woman from Podgorica whose home was searched last year as part of an investigation into an attempted murder.

The Ombudsman's opinion states that it has not been established that the police officers violated the rights of the complainant during the search, nor that their actions reached the level of inhuman or degrading treatment prohibited by the European Convention on Human Rights.

The complaint, according to the Ombudsman's findings, was filed by a woman who was in advanced pregnancy at the time of the incident. She stated that on August 17 last year, police officers, acting on a court order, searched her apartment in Podgorica on suspicion that they might find clues related to the investigation into an attempted murder in Budva. Her husband and their five-year-old daughter were in the apartment during the search.

According to the complaint, the arrival of a large number of police officers caused her shock and anxiety, while the child began to cry and scream out of fear that her mother would be arrested. After the search was completed, during which nothing was found that could be linked to the crime, the woman sought medical help due to stress.

The Police Directorate stated in its statement that the officers acted pursuant to an order from the Higher Court in Podgorica, that they informed the applicant of her rights and the possibility of hiring a lawyer, and that the search was conducted in the presence of two witnesses and in accordance with the law. They also pointed out that there were no objections to the work of the police officers during the search.

The Ombudsman accepted that the search was carried out on the basis of a court order and in accordance with the rules prescribed by the Criminal Procedure Code. The opinion states that there is no evidence that the police officers insulted, intimidated or otherwise acted inappropriately towards the complainant and her family.

However, the Protector pointed out that the fact that the woman was in advanced pregnancy, as well as the fact that a minor child who was visibly upset was present at the search, cannot be ignored.

"The circumstance that the complainant was in advanced pregnancy at the time of the search cannot be ignored, nor the fact that a minor child was present during the search and reacted with agitation," the opinion states.

Therefore, it was assessed that police officers in such situations must show additional sensitivity in order to minimize the stress and feelings of insecurity of family members.

"The Protector believes that in these and similar situations it is of particular importance that police officers, through the manner of communication and the implementation of official actions, strive to reduce, to the greatest possible extent, the stress, feelings of insecurity and anxiety of household members who are not the subject of police action," the document states.

Referring to the practice of the European Court of Human Rights, the Ombudsman sent an initiative to the Ministry of Internal Affairs and the Police Directorate to develop special guidelines or instructions for police action when children are present during searches or other police operations.

"The Protector gives the initiative to the Ministry of Internal Affairs and the Police Directorate to, in order to protect the rights of children and in accordance with international standards for the protection of children's rights, draft special guidelines or instructions that would regulate in more detail the conduct of authorized police officers when exercising police powers in the presence of children," the opinion states.

According to the initiative, the potential impact of police actions on children should be assessed before conducting searches, with full consideration for their best interests. The Ombudsman also recommended that teams conducting such actions include police officers trained in children's rights and communication with children in crisis situations.