Montenegro, facing a prison population rate that exceeds the European average, needs to undertake institutional and operational reforms to tackle various challenges in its prison system, especially the troubling issue of overcrowding, as noted by sources from the MINA Agency.

Ivan Radulović from the Civic Alliance mentioned to the MINA Agency that while some progress has been made in Montenegro regarding the human rights of incarcerated individuals, new challenges continually emerge regarding the implementation of these rights.

The Chief Advisor to the Protector of Human Rights and Freedoms of Montenegro, Marijana Sinđić, stated that the institution will not cease its efforts until isolated incidents of human rights violations against those deprived of their liberty are entirely eliminated.

“The respect for the human rights of incarcerated individuals reflects the overall respect for human rights within society,” Sinđić told the MINA Agency.

She elaborated that the Protector, operating under the National Preventive Mechanism (NPM) as part of its preventive role, regularly visits facilities where individuals are detained to ensure compliance with human rights standards.

Sinđić also pointed out that the Protector acts on complaints from prisoners under its reactive mandate, emphasizing that the complaint process is both confidential and free of charge.

When asked about the primary issues and challenges threatening the human rights of incarcerated individuals, Radulović noted that Montenegro has exceeded the European average in terms of the number of convicts per 100,000 people.

“Montenegro’s prison rate stands at 168 prisoners per 100,000, whereas the European average is 124. Despite this increase, there has been no improvement in capacities, infrastructure, or conditions over the past decades,” Radulović stated.

The issue of overcrowding was also highlighted in the Protector’s report on the operations of the National Mechanism for the Prevention of Torture for the previous year, indicating that a visit to the Remand Prison confirmed that overcrowding remains a significant challenge, adversely affecting living conditions, healthcare, and the overall well-being of detainees.

Sinđić reported numerous complaints from inmates regarding the lack of space.

“Overcrowding is a chronic issue, and I can confidently say it is a concerning situation this year,” Sinđić remarked.

She mentioned that the Directorate for the Execution of Criminal Sanctions is making efforts to tackle this problem.

During the period of compiling the report on the Protector’s activities from last year, Sinđić highlighted that 390 prisoners were housed in the Remand Prison, which has an accommodation capacity of only 270.

She also noted that 150 prisoners were subsequently transferred to a facility for short-term sentences.

“I believe this poses a significant concern that could result in numerous rulings from the European Court of Human Rights and substantial costs for compensatory payouts to individuals held in such conditions,” Sinđić cautioned, stressing that overcrowding further undermines various rights of prisoners and detainees.

She emphasized that overcrowding infringes on the right to privacy, visitations, and the right to outdoor time, which can’t be conducted for the duration specified by regulations.

Regarding necessary reforms in the prison system to mitigate existing problems, Radulović stated that the civil sector acknowledges the situation and the available resources, and is advocating for smaller reforms to be enacted.

“To be candid, without substantial reforms, this issue will remain unresolved,” Radulović stressed.

Sinđić posited that reforms need to be both institutional and operational.

“Institutionally, we must cultivate an atmosphere conducive to building new facilities and implementing alternative punishments to decrease the number of people in detention,” Sinđić elaborated.

She asserted that comprehensive reforms are essential across all aspects of the rights of individuals deprived of their liberty.

“This includes access to healthcare, rehabilitation programs, reintegration efforts, and treatment work, as every aspect of prisoners’ rights requires reform. Prison reforms should prioritize humanity, reintegration, and recidivism prevention, rather than punitive measures,” Sinđić remarked.

She noted that progress has been made with the construction of a specialized prison hospital, expressing hope that it will soon become operational, which would help alleviate the capacity issues at the Special Hospital in Dobrota.

Sinđić added that there currently is no psychologist available at the detention center, which she believes is greatly needed.

When asked about the effectiveness of Montenegro’s protections against torture and violence, Radulović stressed the importance of recognizing that the deprivation of liberty does not strip a person of their human dignity and fundamental rights.

“At that moment, the state assumes greater responsibility, as the individual detained relies more heavily on the state or the institution holding them,” Radulović explained.

He noted that there has been a decline in the number of individuals contacting the Ombudsman regarding torture over the past year or two.

“Given the slow and often ineffective investigations into such cases, one wonders whether victims of torture are discouraged from reporting their experiences, or whether there is a genuine decrease in incidents,” Radulović pondered.

According to him, the processes following torture reports tend to be quite slow and demoralizing.

Sinđić believes that the state is capable of adequately addressing torture within its institutional framework.

She referenced the Milić-Nikezić case, where the Ombudsman’s institution was the only one to establish that torture occurred, with the European Court of Human Rights referencing the Ombudsman’s findings in their ruling.

Sinđić also recalled a case from January 2015, wherein prisoners were tortured at the Institution for the Execution of Criminal Sanctions.

She critiqued both the Institute for the Execution of Criminal Sanctions and the judicial authorities for their failures in this case, noting that prisoners received convictions extraordinarily quickly, while it took until 2019 for any officials to be sentenced.

“I feel that the judicial authorities require significant reform, including the appointment of more judges, to ensure their status is independent, allowing them to make autonomous decisions free from pressures,” Sinđić stated.

When asked whether Montenegro has made significant strides in combating police torture, Radulović acknowledged the CA’s vocal criticisms during the International Day Against Police Brutality.

“Our stance has been that institutional inertia has enabled the perpetuation of torture. Have the number of cases diminished? Yes,” Radulović confirmed, adding that judicial reforms, including enhanced staffing, are necessary.

He mentioned that a visit from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) is forthcoming this year and noted that the CA has begun visiting facilities where individuals deprived of liberty are housed and will release a report in June.

Radulović reported that conditions they encountered at the Bijelo Polje Security Department fell below the minimum standards outlined in recommendations.

“I have heard that authorities have since visited the Security Department and initiated steps to improve the situation,” he noted, stating that conditions have been found to be significantly better in other regions.

When addressing the proposed extension of detention from three to five years for suspects in serious crimes—which was ultimately withdrawn—Sinđić expressed relief that the amendment to the Criminal Procedure Code was abandoned, citing its conflict with the Constitution, the European Convention, and the practices of the European Court.

“Detention is not a punishment; it is a security measure for defendants. Such amendments would equate to punitive measures,” Sinđić maintained.

Radulović brought attention to the underlying question: “Why are court processes so prolonged?”

“This proposal gained prominence last November following a severe double homicide in Podgorica, one of the city’s busiest areas,” Radulović explained.

This situation led to a blame game involving the prosecution, courts, and police.

“We observed that accountability was being deflected among different entities. We believe this indicates a systemic failure,” Radulović concluded.

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