“You’re not a child, you’re a prisoner,” the warden informed me. This marks the start of her testimony to the Center for Investigative Reporting (CIN-CG) from L. (name known to the editorial staff), a girl who, at the age of 16, found herself in the Directorate for the Execution of Criminal Sanctions (UIKS) in Spuž.

“During my imprisonment, I realized I had no place there,” recalls the now-adult woman, who wishes to remain unnamed.

As a minor, she spent over eight months in Spuž, contrary to all domestic and international rules, confined in the same quarters as adults guilty of serious crimes—all for a mere few grams of marijuana.

Prior to her confinement at UIKS, she briefly resided in the Ljubović Center for Children and Youth due to a petty theft charge. With a troubled upbringing marked by a neglectful mother and an abusive father, no efforts were made by the relevant authorities to provide her with any form of solace.

“Even now, in winter, the same wind chills me, the same scents hit me, reminiscent of the Ljubović home, where I first entered at 15. Being placed in that home was dreadful; I felt like I was dying. I didn’t believe I could endure it; my entire world had crumbled,” she shares.

Initially, she spent just under six months at Ljubović, never imagining that she’d later look back at those winds and scents with a sense of nostalgia.

The documentation available to CIN-CG shows that she was sentenced to a correctional measure involving placement in a penitentiary-type institution. However, the court decided she would serve this time in a “specialized department” of UIKS in Ljubovići where she had been prior.

Nevertheless, no such department exists in Spuž—just the Department for Juveniles, where she was not placed. The court nonetheless determined that her time in prison would offer her protection and assistance, aiming to foster her proper development and prevent further criminal behavior. This decision was reached by a Council led by judge Radomir Ivanovic with members Vladimir Novović and Miljana Pavlićević.

The High Court did not provide answers to CIN-CG regarding why regulations and international standards were not adhered to, nor how frequency such occurrences might be.

UIKS also failed to respond to the same inquiries.

After eight months, her sentence was commuted to Ljubović, where she remained until becoming an adult. The court’s rationale stated that since she was the only female minor in that facility, a placement in the juvenile ward was unfeasible, as it only housed male minors.

“It would not be beneficial to impose another educational measure that is less severe than the one already in effect,” the Higher Court in Podgorica noted.

This decision was signed by the Council, which also included judge Miroslav Bašović alongside Ivanović and Pavlićević.

The Ombudsman concluded that L. was unlawfully detained in UIKS, making her the only girl in the history of Montenegrin penology to be incarcerated for more than eight months without a court order.

“Sentencing to prison effectively transforms an educational measure into a prison term. Courts impose educational measures they know cannot be executed, indicating a lack of a department for female juveniles in Montenegro,” stated the Ombudsman.

She filed a lawsuit against the state, but her claim for damages due to unjustified deprivation of liberty was denied early last year by Basic Court judge Vesna Banjević. In the first-instance ruling reviewed by CIN-CG, the judge concluded that her eight-month incarceration in UIKS’s women’s section could not be deemed unjustified, as no institution exists in Montenegro to oversee correctional measures of this nature.

In citing the UN Convention on the Rights of the Child, which asserts that children shouldn’t face unlawful detention or imprisonment and such measures should be a last resort and utilized for the briefest time possible, she nevertheless concluded that L. had been treated in line with the Convention.

In a similar case shortly thereafter, judge Dragan Babović acknowledged a boy’s claim for damages, citing that UIKS was unfit for executing educational measures, being more appropriate for prison or juvenile sentences; this boy spent 21 months incarcerated.

Both rulings are currently under review by the Higher Court in Podgorica.

Currently five juveniles in prison

Even though numerous international and domestic reports emphasize that minors shouldn’t be in Spuž Correctional Facility at all, there are presently five minors detained there.

The Directorate for the Execution of Criminal Sanctions (UIKS) and the Ministry of Justice (MoJ) confirmed to CIN-CG that four minors are in the Juvenile Department under educational measures, and one has been sentenced to juvenile detention for aggravated theft and murder. As per UIKS data, the others are imprisoned for fraud, forgery, misuse of credit cards and cashless payment systems, unauthorized computer access, endangerment, multiple thefts, domestic or family violence, and sexual abuse involving minors.

Various experts and authorities have validated to CIN-CG that this situation fails to meet international standards and that a specialized facility for minors in conflict with the law is necessary.

The Ministry of Justice informed CIN-CG that they have recognized the issue.

“The current implementation of educational measures that place juveniles in prison-like conditions effectively equates juvenile detention with such measures,” the Ministry of Justice acknowledged.

Despite this, we have yet to receive responses from the Ministry of Justice detailing their actions to address these significant breaches of children’s rights.

The Ministry of Social Welfare, Family Care, and Demography similarly did not respond to CIN-CG’s persistent inquiries regarding efforts to establish a specialized facility for minors in conflict with the law.

The Pre-trial Prison’s capacity extends to those over 18 with varied criminal backgrounds, thus putting a minor in such an environment at risk of various forms of mistreatment and exposing them to different criminal influences. This can severely hinder their personal development, stated the Head of the Professional Service of the Supreme State Prosecutor’s Office of Montenegro, Dijana Popović-Gavranović.

“After just a month of detention, a minor may start identifying as a convict, internalizing the language of crime, and seeking negative recognition amongst adult offenders—a connection persisting even after their release. This is wholly unacceptable,” affirms Popović-Gavranović.

The Ombudsman’s office echoed that there are inadequate facilities capable of providing educational measures, particularly in prison-type settings, which Montenegro currently lacks.

“Courts, knowing this issue, frequently impose educational measures that are unimplementable, violating international standards and disregarding children’s best interests,” asserts the office.

The UN Committee Against Torture has urged Montenegro to cease placing minors sentenced to educational measures into prison.

The 2022 report “Measures and Sanctions against Juvenile Offenders,” produced by the Center for Civic Education (CCE), emphasizes the necessity for authorities to relocate the execution of sentences imposing prison-type sanctions away from the Correctional Facility in Spuž.

“It is critical that juveniles subjected to such sanctions serve them in proper correctional institutions compliant with the law and international standards, not in prisons, as is the current practice. The method of executing educational measures as they presently stand effectively equates juvenile detention with sentencing, despite the law defining them distinctly,” the report states.

Separate victims from perpetrators of crimes

The Ombudsman further notes that placing minors who have committed serious offenses in the Ljubović Children and Youth Center could be problematic, as this facility isn’t structured as a prison and lacks the appropriate resources and support needed for such youths.

“It’s vital to segregate juveniles guilty of severe crimes from others, as this could negatively impact younger, less problematic individuals,” remarked the Ombudsman’s office.

The Ljubović Children and Youth Center is designed to assist children aged 14 to 18 convicted and sentenced to non-custodial educational measures. It can also accommodate those under 14 with behavioral issues. Recently, a Shelter for Children and Young Victims of Human Trafficking was launched in March, meant to house victims of forced marriages and human trafficking, including those found begging, with a capacity for 10 children.

“This shelter is temporary until a more permanent solution is found,” according to the 2024-2028 Strategy for the Development of the Social and Child Protection System.

Mike Servadei, the UNICEF representative in Montenegro, points out that Montenegro is not upholding international standards, as distinct groups of vulnerable children—such as those with behavioral issues and those subjected to violence and exploitation—must be kept apart.

“UNICEF urges the Government to develop a sustainable solution in line with international standards, emphasizing the imperative of separating victims from perpetrators,” Servadei stresses.

The Ombudsman indicated that during a visit to the Ljubović Center in February, he observed many minors were utilizing psychiatric services and therapy.

He stressed that collocating minors with mental health issues in adult facilities is not only legally unacceptable but could also aggravate their conditions and complicate rehabilitation.

“Moreover, placing minors facing such challenges in the Ljubović Center is equally perilous, leading to violations of guaranteed child rights,” outlined the Ombudsman.

The statement added that this open-type institution accommodates various categories of children, but cannot fully address the individual needs of those facing severe psychological or social challenges.

“Different child profiles within the same institution risk conflict and impede individualized support,” advised the Ombudsman’s office.

It was noted that the resources of the Day Care Center for Children with Behavioral Problems are underutilized, with merely one minor reported as using those services despite a license for ten.

“There is also a shortage of professional staff—psychologists, special educators, and so on,” the Ombudsman noted.

Several conversations with CIN-CG’s contacts confirmed that some children there had not committed any crime and that those lacking proper placement often ended up in Ljubović instead of the Mladost Children’s Home.

Those attempting to escape from Ljubović displayed creativity:

“If there are two beds in a room, each with a sheet, linking them together to exploit the metal bars, one could crawl through and jump halfway,” described a former resident to CIN-CG.

The Deinstitutionalization Strategy for 2025 to 2028 identifies issues at this institution, highlighting that placements determined by the Center for Social Work (CZSR) lack time-limits, that no minor below 15 should be institutionalized, that young people must be segregated, and that Ljubović lacks a transformation plan.

“In contrast to children placed due to court orders, who are confined for limited durations (a maximum of two years), the stay for other beneficiaries is typically longer, sometimes extending into adulthood,” the Strategy underscores.

It further stresses the urgent need for beneficiaries placed by court for serious offenses to be transferred to a different facility overseen by the Ministry of Justice.

Additionally, concerning is the absence of specialized facilities as stipulated in the Law on the Treatment of Minors in Criminal Proceedings. This law permits courts to assign minors with mental development issues or disorders who have committed offenses to specialized institutions for their treatment and education.

“The law has existed since 2011, yet the facilities to implement its measures remain absent despite significant demand,” the Strategy points out.

As of now, Ljubovići has not responded to CIN-CG’s numerous inquiries regarding the operation of the institution.

Escalating violence

Recent reports from judicial and prosecutorial bodies indicate an uptick in violent crimes among juveniles.

The Prosecutorial Council’s (PC) report from last year highlights a continual rise in reported minor offenses since 2021.

“In 2024, there were 497 reported minors, up from 451 in 2023, 410 in 2022, and 229 in 2021,” stated the report from TS.

Popović-Gavranović corroborated to CIN-CG that a slight increase in violent offenses has been noted in recent years.

This is further supported by the TS report from last year, which indicated that violent crimes were significantly more prevalent (47 instances) than theft-related crimes (just three). Moreover, the 2023 TS report confirmed that minors committed predominantly violent crimes, four times more frequently than thefts.

The data reveals a slight uptick in juvenile crime within overall crime statistics in recent years, excluding 2021, which saw a considerable decline likely due to the Covid epidemic.

In the last five years, the fewest cases against minors were resolved in 2023.

Popović-Gavranović explained to CIN-CG that criminal procedures against minors ought to be conducted with minimal disruption—avoiding inhumane or degrading treatment, with detention to be considered only as an absolute last resort.

“Detention shouldn’t serve punitive measures for minors but should be resorted to in exceptional circumstances and for the shortest time necessary to facilitate smooth legal proceedings and ensure the minors’ prompt reintegration into their family and community,” emphasizes Popović-Gavranović.

Imprisonment only as a last resort

She explains that court-imposed juvenile sentences should only be applied as a last resort in the most serious cases. Regardless of the offense, it is crucial to remember that the individual is a child under 18, whose development remains incomplete and is still maturing socially, emotionally, intellectually, and morally.

“If intervention with minors relies solely on punishment, lacking resocialization and reintegration efforts, it conveys a message of societal abandonment and sets them on a guaranteed path towards recidivism,” notes Popović-Gavranović.

The Ombudsman adds that a rehabilitation-oriented approach is vital to lowering recidivism and enhancing societal reintegration.

Juvenile judges are responsible for imposing educational measures and juvenile sentences. Educational measures can include placement in correctional, non-custodial, or specialized institutions. According to the TS Report for 2023, 174 juveniles were sentenced to educational measures while only three received prison sentences.

Interestingly, the number of educational measures slightly increased over the previous year, totaling 182 as per the TS Report.

However, the state lacks the facilities to execute these measures, and neighboring countries do not have specialized institutions either.

UNICEF notes that in most EU nations, the focus remains on preventive strategies and early interventions for children encountering legal issues, utilizing alternatives to incarceration and psychological support within the juvenile justice framework.

“Such preventative programs incorporate educational assistance, family therapy, and community initiatives targeting the root causes of problematic behavior. The ultimate aim is for children to take accountability for their misconduct and mend any damage caused, rather than endure harsh penalties,” Servadei concludes.

The young girl from the outset of this account is now navigating life independently, without institutional support.

“I would advise troubled youth that I empathize and encourage them to make better choices. Back then, I believed the police couldn’t touch me, that I was invincible. Today, I recognize my blunders, but I feel I’ve paid too dearly for them,” she reflects.

Children under 14 years old are not eligible.

The Ombudsman emphasizes that aspects of the Law on the Treatment of Juveniles in Criminal Proceedings are inapplicable due to a lack of various support services.

The Ministry of Justice informed CIN-CG of plans to amend the Law on the Treatment of Minors in Criminal Proceedings.

“Recent amendments submitted for review to the European Commission focus on bolstering procedural protections for children suspected or accused in criminal matters,” stated the Ministry of Justice.

They add that the involvement of Social Work Centers is being amplified and that training for all professionals working with minors in the criminal justice framework is being implemented.

“Provisions will introduce a unique questioning method for children under 14, to be conducted by a professional in a specially designed room equipped with audiovisual recording technology; this questioning will occur without the present of the prosecutor, judge, or other parties,” the Ministry of Justice detailed.

Many CIN-CG respondents concur that the threshold for criminal responsibility should not be lowered, asserting that children under 14 must not bear criminal liability.

Popović-Gavranović mentions some advocate for lowering the age limit to 12, but she finds such arguments unprofessional, unsound, and misaligned with established standards.

“Neurological studies conducted over the last 30 years affirm that the human brain continues developing until around the age of 26. Thus, any proposal to reduce the age of criminal responsibility is unjustifiable,” she asserts.

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