CIN-CG Justice on Hold: Rare Court Proceedings for Violence and Hate Speech Against LGBTIQ+

Since when has the Supreme State Prosecutor (SSP) of Montenegro Milorad Marković In May 2025, the Ministry of Justice issued binding Instructions for handling cases of hate crimes, and in cases of hate speech, no cases related to crimes committed against LGBTIQ+ persons have been recorded.

That's for Center for Investigative Journalism of Montenegro (CIN-CG) confirmed by the Higher State Prosecutor's Office (VDT).

Although this instruction was adopted with the aim of ensuring more efficient conduct of state prosecutors' offices, it seems that the system is still ineffective when it comes to LGBTIQ+ persons.

"The instruction was issued to ensure equal treatment of all persons and to strengthen the fight against racism, xenophobia, anti-Semitism and other forms of intolerance. It prescribes standards of conduct in accordance with the recommendations of the European Commission against Racism and Intolerance (ECRI), the United Nations Rabat Plan of Action and other international standards," the VDT told the Center for Investigative Reporting of Montenegro (CIN-CG).

During that period, one conviction was issued, imposing a four-month prison sentence and security measures, relating to an event in 2024 committed to the detriment of members of the LGBTQ community, the prosecutor's office said.

Although during 2025, according to data from the Annual Report on the Work of Minor Offense Courts, there were 126 processed cases in which there were elements of discrimination, only 20 were processed in accordance with the Law on the Prohibition of Discrimination, and seven of them relate to this offense committed against LGBITQ+ persons: one case for hate speech and two for insults, while in four cases the offense was not specified.

“Procedures are being initiated more frequently than ten years ago, but that is still not the same as effective protection. The majority of reported cases against LGBTIQ people are still directed towards misdemeanor proceedings, most often under the Law on Public Order and Peace, instead of considering the criminal-legal dimension of hate motives. The Council of Europe has also noted that the majority of reported cases of hate speech against LGBTIQ people are processed as misdemeanors,” the development coordinator of the Center for Civic Education (CCE) told CIN-CG. Miloš Knežević.

The outcome of the proceedings is often unfavorable for victims of discrimination, explains Knežević.

"A large number of cases are discontinued due to statute of limitations, the proceedings take a long time or end with low fines. The victim formally received an institutional response, but it is difficult for him to feel that he received effective justice. The data for the first half of 2025, according to which 26 out of 94 misdemeanor cases for discrimination were discontinued due to statute of limitations, illustrate this problem very well," explains Knežević.

A particular problem is represented by cases that never reach the institution, of which there are the largest number, says Knežević.

"Many cases never reach institutions because victims estimate that the process will be long, that they will have to repeat the traumatic experience several times, that their identity will be exposed, or that the sanction will not be proportionate to the severity of the attack," he warns.

Although the legislative framework recognizes hate speech and discrimination against LGBTIQ+ people, available data shows that these acts largely remain unprosecuted, and even when discrimination is legally treated, it is most often as a misdemeanor, not a criminal offense.

The Police Directorate (PD) did not respond to CIN-CG's question about how many misdemeanor proceedings have been filed for hate speech against LGBTIQ+ people in recent days.

In prosecutors' offices, however, data on discrimination is presented in aggregate, so it is not possible to know how many crimes were committed against LGBTIQ+ people.

"I have initiated several proceedings for hate speech and discrimination against me, but none of them have been concluded or have been dismissed," she tells CIN-CG. Ida Marković, a member of the LGBTIQ+ community.

She says she doesn't know what's happening with the proceedings she has initiated, as they are slow and hearings are rarely scheduled. She says she is used to living with the constant risk of physical violence and discriminatory speech because of her gender.

The case of Ida Marković is an illustrative example of the weakness of the system, explains Knežević.

"This case showed how quickly hate speech from the online space can spill over into physical violence. To this, unfortunately, we can also add the double attack in Podgorica in January 2025, which is particularly indicative because it was not a single incident, but a repeated, planned targeting of the same people within a few days, with minors as the perpetrators. This also shows that the problem of homophobic violence is being transmitted to the youngest population, which raises the question of the education system as a place of prevention, not only the judiciary as a place of reaction," says Knežević.

There is no single database on hate crimes.

"The lack of a comprehensive and unified database of hate crimes and misdemeanors against LGBTIQ people represents a serious obstacle to understanding the true extent of violence and discrimination, and therefore, it is necessary to establish a transparent system for monitoring hate-motivated incidents," the office of the Protector of Human Rights and Freedoms of Montenegro (Protector) told CIN-CG.

Hate speech remains worryingly present in the public discourse of Montenegro, and numerous activities that are being implemented are still not yielding the desired results, according to this office.

The Protector had no proceedings related to hate speech against LGBTIQ+ persons in 2025 and 2024, while there was one case in 2023.

In Montenegro, it is almost impossible to assess how effective the judiciary is in acts of discrimination against LGBTIQ+ people, explains Knežević.

"International bodies have been pointing out for years that Montenegro does not have a sufficiently clear and uniform data collection system. Without that, we cannot seriously assess either the extent of the problem or the efficiency of institutions," says Knežević.

The OSCE/ODIHR states that the police in Montenegro recorded only three hate crimes in 2024, with no prosecuted cases, but at the same time warns that the Montenegrin recording system does not sufficiently distinguish hate crimes from other criminal acts and that the number of prosecuted cases is extremely low.

This data is not classified in a way that shows how many cases relate to LGBTIQ people, says Knežević.

The European Commission states that during 2024, prosecutors processed 24 cases of racism and hate speech against 38 people, compared to 16 cases against 19 people in 2023. However, this data is not publicly broken down by motive either, so it is not possible to know how many cases were related to sexual orientation or gender identity.

Given the data inconsistency, it is necessary to establish a single record, Knežević points out.

"It should connect the police, prosecutors' offices, misdemeanor and regular courts and contain data on the protected personal status, type of incident, qualification of the act, recognized motive of hatred, duration of the proceedings and final outcome," says Knežević.

LGBTIQ rights are part of negotiation chapters 23 and 24 in Montenegro’s accession process to the European Union. The European Commission notes in its latest report that progress has been made, but that obligations in these chapters remain open precisely because of such delays in implementation. This means that improving the recording and prosecution of hate crimes against LGBTIQ people is not just a matter of domestic policy, but also one of the benchmarks on Montenegro’s path to membership, which gives civil society and the media additional leverage for advocacy.

The European Commission's 2025 report on Montenegro states that the most vulnerable groups in society, including Roma and Egyptians, people with disabilities and LGBTIQ people, continued to be exposed to discrimination, hate speech and hate crimes. The wording is almost identical to that in the 2024 report, which suggests that the Commission has not seen any substantial progress on this issue from year to year, despite legislative changes. The same report also notes that the Parliament of Montenegro has not yet adopted a new Law on the Prohibition of Discrimination in line with the acquis communautaire.

The report also states that a new law on the Ombudsman is being drafted, in order to fully align the institution with the Paris Principles and to receive an upgraded accreditation with A status as a national human rights institution. A stronger and more independent Ombudsman institution should, in theory, also improve the recording and processing of discrimination cases, including those concerning LGBTIQ persons.

The European Commission itself states in the same report that the process of legislative alignment on certain negotiation chapters slowed down in early 2025, specifically on chapters 23 and 24, due to internal political challenges. This shifts the explanation from the thesis that the institutions are simply slow, to the more precise thesis that the slowdown is directly related to political instability in the country.

"I tried..."

Members of the LGBTIQ+ population rarely use formal protection mechanisms, despite their institutional availability, according to a survey conducted by the NGO Center for Democracy and Human Rights (CEDEM) in 2026, the results of which were published in the publication "Relations between LGBT persons and institutions of the system". The participants in the survey, members of the LGBTIQ+ community, say that they generally do not trust Montenegrin institutions, and when they dare to seek help, mainly after repeated abuse, their experience is disappointing.

“I tried... I've never made a bigger mess of myself... you'll get absolutely nothing,” said one of the research participants. Another said: “I had an experience. It wasn't satisfactory and it discouraged me from reacting through official mechanisms in the future.”

Most participants claim that they cannot expect an adequate reaction and a concrete outcome from Montenegrin institutions.

The CEDEM publication explains that these negative expectations serve as a preventive mechanism for giving up, while the system, on the other hand, remains the same.

This form of institutional violence does not necessarily involve insults, hate speech and attacks, but is much more subtle, but also more dangerous, because it comes from those who are supposed to protect. The phenomenon of invisible violence includes constant exposure to additional procedural requirements, the need for multiple proofs of identity, prolonged waiting and delays in services, as well as the cumulative effect of “small” irregularities in treatment.

"This violence is often not visible at first glance... it is reflected in postponement, rejection, lack of information or a humiliating attitude... and that is precisely why it is dangerous because it becomes normalized...", are the words of another participant in the CEDEM research.

One of the participants assessed the institutional responses as exclusively "performative", with "procedures that demand and drain every last atom of strength...".

In addition to discouraging repeat referrals, bad experiences further delegitimize institutional channels of protection.

"The deterrent effect is not only due to the severity of the punishment, but also due to the certainty of the reaction. If one person is sanctioned and dozens of similar cases go unanswered, an uneven message is sent. What is needed is consistent action by the police and prosecutors, a reasonable duration of proceedings, support for the victim, responsible behavior by public officials, moderation of media platforms, and education," says Knežević.

Several well-reasoned, final and publicly visible judgments have been made in Montenegro, which could have a preventive effect, especially towards people who believe that the online space is a zone without responsibility, says Knežević.

"However, a few verdicts alone are not enough, and this is unfortunately confirmed by the latest data from the field. In January of that year, two attacks on LGBTIQ people took place in Podgorica: a group of about fifteen young people attacked two people on the street with stones and glass bottles, using homophobic insults, and a few days later the same people were attacked again in front of a rented apartment, when a group of minors armed with metal bars and stones surrounded them in a taxi. This case shows that the existence of a legal framework and institutional mechanisms in themselves does not prevent physical violence, and that the question of the preventive effect of the judiciary is still open," says Knežević.

Formally better protected, but not safer

"LGBTIQ people today are more legally visible and formally protected, but not necessarily safer than they were 10-15 years ago. There is progress, but the gap between regulations and the community's life experience is still large, and judging by the available indicators for 2025, this gap has not yet begun to narrow," says Knežević.

There is a broader anti-discrimination and criminal law framework, same-sex life partnerships, specialized police contact points, more training, greater community visibility, and more willingness to report incidents.

Over the past year, both the European Commission and the Ombudsman of Human Rights and Freedoms of Montenegro have warned that LGBTIQ+ people in Montenegro continue to be exposed to hate speech, especially in the online space, and that the institutional response is not sufficiently effective. The European Commission's Report for Montenegro for 2025 states that LGBTIQ+ people continue to face discrimination, hate speech and hate crimes, calling on the authorities to improve the implementation of anti-discrimination legislation and ensure more effective protection of victims. At the same time, the Ombudsman has noted in its work continuous cases of discrimination and hate speech against the LGBTIQ+ community, emphasizing that the digital space has become one of the main places for the manifestation of homophobia and transphobia, and called on the competent institutions to process such cases more consistently and improve prevention.

Formal progress when it comes to the legislative framework does not mean that the everyday safety of LGBTIQ+ people has been proportionally improved, explains Knežević.

"Hate has partially transformed. Ten years ago, it was more often open, direct and related to the very visibility of LGBTIQ people and Pride. Today, it is often presented as 'protection of the family', 'protection of children', 'biological fact', humor, a political stance or opposition to the so-called gender ideology. This makes it more socially acceptable and sometimes more difficult to legally recognize," says Knežević.

At the same time, the internet has enabled a single message to produce mass targeting, threats, the release of private data and a long-lasting digital trail in a short period of time. The European Commission continues to assess anti-LGBTIQ hate speech and political rhetoric as a serious problem, and events such as the January 2025 attacks in Podgorica show that, despite formal progress, physical violence motivated by hatred against LGBTIQ people has not stopped, nor has it lost its intensity.

The European Parliament adopted its own resolution on the European Commission's reports for 2023 and 2024 in March 2025. It condemned all hate speech, including online and gender-based hate speech, as well as hate crimes, and welcomed the criminalization of racism and hate speech in legislation. This shows that the issue is being followed by EU institutions beyond the Commission itself, which gives civil society and the media in Montenegro additional leverage for advocacy.

Protector: Most hate speech in Pride Month

The Protector, in cooperation with UNDP, prepared a Report on Online Hate Speech Monitoring in Montenegro for the period July-December 2025. During that period, between 330 and 450 thousand comments were listed, of which a high number contained elements of hate speech, and during October 2025, there was the most hate speech.

"This month marks the simultaneous action of multiple triggers, including the Pride Parade in Podgorica and a security incident in the Zabjelo neighborhood. The combination of different types of events has led to more diverse and intense forms of hate speech, including homophobic, misogynistic, xenophobic and violent narratives," the Ombudsman's office said.

Although the adoption of the Law on Same-Sex Life Partnership in Montenegro marked a major step forward in the legal recognition of LGBTIQ people, the Ombudsman's office says that it has not contributed to reducing discrimination.

"Discrimination has changed form, and we can note with concern that it has spread into the domain of administrative and legal barriers, which directly affect the daily lives of LGBTIQ+ partners, due to the lack of harmonization of this law with others. The current shortcomings in the legislative framework, accompanied by uneven and often inefficient application of existing norms, send a message of systemic insecurity, say the institution. Of particular concern is the lenient penal policy in cases of discrimination, hate speech, and hate-motivated violence, which in practice can result in a sense of impunity for perpetrators and further discourage victims from reporting violations of their rights," they told CIN-CG.

"Therefore, the completion of the legal framework must be accompanied by a strong strengthening of the capacities of judicial and law enforcement authorities, in order to establish a standard of zero tolerance for any form of violence and discrimination through decisive criminal practice," the Ombudsman's office explains.

The unsatisfactory level of social acceptance of LGBTIQ people in Montenegro is not just an isolated sociological phenomenon, but a deep structural challenge that directly undermines the principles of the universality of human rights and social cohesion, according to the Ombudsman's office.

According to them, the culprit for this situation is stereotypes and prejudices accumulated over generations, which "create an environment in which marginalization is often normalized, thus narrowing the space for the full exercise of this community's basic rights."

"Only through the synergy of educational measures and an effective repressive response from the state can the path from formal to real, essential equality be crossed. An additional and extremely serious reason for concern is the failure to adopt the Law on Legal Recognition of Gender Identity Based on Self-Determination," say the Ombudsman.