Human Rights in Montenegro

MONTENEGRO

Program: Monitoring of Human Rights in Montenegro

Human Rights in Montenegro - 2010

Podgorica, February 2011

Monitoring programme and human rights protection programme implemented by YIHR MNE with the assistance and cooperation of Civil rights defenders Youth Initiative for Human Rights, Montenegro February 2011 Publisher Boris Raonić Authors Boris Raonić Milan Radović Edina Hasanaga Čobaj Marija Vujović Dejan Minić Denis Zvrko Proofreading Jelena Vukoslavović Ristović Translation Jelena Vukoslavović Ristović Design Nikola Milenković Print AP print, Podgorica 400 copies CONTENT

I Previous information...... 5 II Legislation and institutional framework of protection in human rights area...... 7 III Facing past...... 15 IV Torture...... 21 V Politically motivated violence...... 41 VI Free legal aid...... 49 VII Freedom of expression...... 55 VIII Religious freedom...... 65 IX Discrimination...... 69 X Minority rights...... 81 XI Status of displaced persons ...... 85 XII Economic and social rights...... 89 XIII Reports on the state of human rights...... 97 XIV Conclusions and recommendations...... 99

results through annual and quarterly reports. This report comprises areas which we which areas comprises report This reports. quarterly and annual through results about public informs and row a in year fifth the for Montenegro in rights human I Previous information resigned Government andthenew hasbeenestablished,ledby Igor Lukšić. year,the Đukanovic,PrimeMiloMinister,of end the At EuropeanCommission. of conditions seven fulfill to has previously it 2010, because negotiations, of 17, beginning the December On for refugees. date no with but EU the of in of membership for candidate the became Montenegro prohibition status for the policy resolving of and implementation discrimination, and media of freedom provide strengthening important to also is it and Constitution, crime, organized and corruption against fight the law, of rule with legislation judiciary,the and establishing administration of depoliticization and administration electoral of harmonization negotiations: accessing up starting of view a in commitments following fulfill to has MontenegroMontenegro. of candidacy on opinion positive 2010 9, November on expressed the and adopted to Commission European answers September. until additional questionnaire EU submitting since activities implemented all on report, Factographic Commission European to submitted Montenegro of Government the 2010, 6, September On time. fifth the for delayed been has deadline the while yet achieved been not has minorities representationof of model the on compromise the and yet, finished been not has legislation electoral on harmonization on debate and Local Afghanistan. in mission elections took peacekeeping place on May for 23, 2010 in soldiers 14 municipalities. Parliamentary of preparation contingents two sent requiredquestions additional 673 by European wereCommission Montenegrosent. progressing towards Euro-Atlantic integrations. At the beginning of 2010, answers on line. Information inthereport were collecteduntilDecember 31,2010. techniques of researching on the terrain, press clipping, analysis, interviews, and SOS “Monte Vita”,Democraticfor Center TransitionUNHCR. and used YIHR (CDT), Rights Civil by Defenders (former Swedish supported Helsinki Committee), YIHR offices in the region, NGO fully was and report, the of development and research and the on worked persons, members, six of displaced composed team, YIHR of rights. social and status economic rights, minority persons, positive HIV of status expression, facing of past, politically motivated violence, freedom religious freedom, torture, discrimination, ones: concerning most the as work our through identified ot Iiitv fr ua Rgt cnut mntrn o rset of respect of monitoring conducts Rights Human for Initiative Youth Political situation in 2010 marked fulfilling of commitments, and further and commitments, of fulfilling marked 2010 in situation Political

I PREVIOUS INFORMATION 5 6 I PREVIOUS INFORMATION been rendered. had Montenegro against verdicts when adopted were two while inapplicable, were they because rejected were 45 but applications, 47 considered been had It 305. was 2010, overall number of applications from Montenegro, allocated to judicial formation According to the Report of Court for Human Rights in Strasbourg, during Strasbourg, in Rights Human for Court of Report the to According ein hc aotd hs a. lhuh h aoto o Lw n rhbto of prohibition on Law of adoption the Although law. this adopted the in which region country last the is Montenegro Thus, 2010. 27, July on discrimination, of II Legislationandinstitutionalframework inhumanrightsarea Ministry Ministry for human and minority rights, in joint work on improvement of the text of Parliamentary Board for human rights and freedoms, institution of Ombudsman and Assembly, the at Law proposal the confirmed of on place took which 2010. 23, June the proposal of Law on Protector of human rights and freedoms, and the Government forhumanandminorityrightsfinishedthe workcompetences. Ministry on drafting of budget the new that of implementation for warned enough not is Montenegro 2011, for Ombudsman’s planned of Office, Parliament the in MPs Some year. a Parliamenttimes the two to reports submit to media; and NGOs with coordination define legally to complaints; anonymous after act to charges; criminal submitting by bodies, judicial before rights human of violation of cases process to sector; private in occurs discrimination when cases in act to competences: following have should law, new the to accordingOmbudsman that, considers adopted. YIHR being before law the of changes orderinitiate in to clubs, MP all to law proposalof on objections submitted YIHR and July2010, in place took Publicdebate yet. applicable be not shall discrimination of prohibitionFor on spring. reason,Law at that session the for delayed was Law the on making decision the and 2010, in Law the adopt not did of forms all from discrimination protection in the and institution of torture Protector. of However, prevention the for Parliament of mechanisms establishing Montenegro on national decisions proposed Law of bill This 2010. 23, June on place took freedoms and the Government confirmed the Draft of the Law at the assembly, and rights human which of Protector on Law of bill of development on work the finished rights minority and human for Ministry competences. new of implementation for Ombudsman’sof budget the that the insufficient that was 2011, for planned Office, ParliamentMPsSomefreedoms.the Montenegro and at of warned rights human of current Law, Ombudsman doesnothave thesecompetences. responsible for the oversight of implementation of this law, however, according to the freedoms.and According to Law on prohibition of discrimination, Ombudsman shall be rights human of Protector on Law and aid legal free on Law to related is that and well, as adopted not was preparation, in are which rights, human on laws of set the with jointly law this adopting for YIHR of Proposal debate. public on adopted 2010, not were during participants other and applicable sector civil from arrived become that objections all because not has law the encouraging, is discrimination Legislation Ministry Ministry for human and minority rights worked on the bill of Law on protector Primn o Mneer aotd a o prohibition on Law adopted Montenegro of Parliament –

II Legislation and institutional framework of protection in human rights area 7 8 II Legislation and institutional framework of protection in human rights area creating space for personnel combination of the President of Parliament related to related Parliament of President the of combination personnel for space creating for intention with amendment this connected MPs Opposition area. other any on faculty the but condition the not was Deputy science social of of Faculty election while Ombudsman, for condition the as years, ten of instead experience years five prescribing adopted, not were party his of amendments because Law the returned amendments. Opposition MPs accused the President of the Parliament saying he had of number large by explained Parliament the of majority,President by voted being at the Assembly in 2010. Return of the Law to proposers, development on new after adopted not was rights minority and human Protectorlaw,of on this Law therefore on making decision allow to not Parliament the of President the to occasion were amendments these that researcher YIHR told MPsOpposition voted. been not had voted on law that finally achieved the level of quality due to adopted amendments, it assembly of the Parliament of Montenegro where, after the debate, should have been emphasized fifth Law.the However,the at Board of text possible best the The develop to was aim the suggestions. that mentioned previously our contained which was proposed, adopting one amendment of MPs from both opposition and authority, bill of law at several assemblies of the Board developed better text than the one which amendments totheGovernment formodification. as the limiting ones for the freedom of expression. The Parliament sent back proposed of freedom or life of it describing Numerousamendments individual. announced criticized organizations sake the for request, the on immediately decide to required is it when or access limited with information require they when cases in future, in that submitter of proposal for says access which to information, information, to shall have access to free explain on their Law request of amendments on Law of proposal mechanism forprevention oftorture. national form to procedures, and punishments degrading or inhuman, cruel, other arising from definition of Optional protocol with the Convention against torture and adopting this law. Failing to adopt this Law Montenegro has not respected obligations of importance and urgency on warned and freedoms and rights human Protectorof on Law agenda the from elimination for reasons denied proposer law and freedoms October, November, and December. Members of the Board for human rights and reminded himonobligationstoputtheproposal intheagendaatassembliesJuly, which the institution sent to Parliament on June 30, 2010, although opposition MPs Ombudsman, Deputy of election for proposal procedure parliamentary into put to rejected Parliament of President the that said they time, same the Protector.At of election for conditions of amendments these with Ombudsman, Deputy of election The Government of Montenegro submitted to Parliament ofMontenegro toParliament submitted Montenegro of Government The providefree legal aid, just asprofessional can and science NGOsinstitutions, solutions: followingthat contain should political law parties, therecommendations trade that gave YIHR place. Montenegro. took debates public in Europe Four of Council and of Ministry by initiated was and course, justice, in is with the aid support legal free of United on Law Nations of DevelopmentDevelopment Program Office in Montenegro protection of rights of minority population and other minority national communities – decision ondetention. hand over a suspect to competent prosecutor, who conducts investigation and makes corruption of the Police Directorate, who shall have only four hours after arresting to important role to officers in preventing organized crime, corruption, war crimes, and to the Code, investigations shall be conducted by prosecutor. Also, new solutions give proposals, emphasizing thatAlbaniansloseachieved rightswithsucha proposal. current the with satisfied not are Montenegro in community Albanian Politicalof representatives2011. 31, May until prolonged been has now and times, several delayed was Constitution the with law this of harmonization for Deadline on the proposal of electoral law, did not result in adoption of the proposal of the law. Parliamentthe of assembly the at discussions werethere when 2010, 21, September meetings and media addressing of political parties’ representatives, which followed on agreement, on majority.invitations governingNumerous the by supported not was the opposition did not adopt proposed solution and gave its proposal of this yet.law, Workadopted been but not harmonization has the Constitution finished group which adopt Law on free legal aid as soon as possible. lawyers’ tariffs represent the problemGovernment’s theforstillin is legalaccessfreeaid justice,on Law ofDraftprocedure.of to Highjustice and that is why it is important to legal aid – Experiences from the region”. BasedOctober on 1 informationto October 3,we 2010, received in Bečići, from YIHRMinistry organized discrimination,of regionalfundsthatwidenedwouldfromlottery. ofpartbethethemeeting by From named “Free free legal aid should be established by the punishments onprescribedProtector Law and ofhumandiscrimination byrights of Lawand prohibition onfreedoms, prohibitionof Law because the ithas beenwith proposed jointly thatadopted Fund be of should law allcitizensto whoaresocially endangered andnotonly“theto poorest” ones;that the provided be should aid legal free that and simple more be should aid legal freereceive to aid. YIHR also recommended that conditions that should be unions,fulfilled and by othercitizens entities, in order but not only lawyers who are registered for providing free legal ok f h Mnsr i ognzd hog Dprmn fr rmto and promotion for Department through organized is Ministry the of Work ntttoa faeok Mnsr fr ua ad ioiy rights minority and human for Ministry – framework Institutional New Criminal Procedure Code came into force on August 26, 2010. According the with harmonized be should MPsthat and councilors of election on Law

II Legislation and institutional framework of protection in human rights area 9 10 II Legislation and institutional framework of protection in human rights area for the work on computers; study visit of Department for the affairs of gender of affairs the for Department of visit study computers; on work the for protectionfamily”;the fromin violence unemployedorganizedfor trainings women on Law of “Implementation named table round organized representation; national on administration public in employees of examination conducted also Ministry the was 2010, 29, women; over violence the November against fight for activism of days on -16 campaign organized OSCE, with cooperation in parties; political women from for trainings three were: Ministry such 2010, activities more In implemented areas. and rights organized human in laws more of development on worked pleasure.Ministry mutual achievedon told agreementresearcherwas the YIHR that Ministry.the at position job his returnedto BeganajMinistry Representatives the of reason, Beganaj left the Ministry. However, the agreement was achieved afterwards and added that he he could not support his however;family with salary which was 200 good EUR. For werethat Ministry the in work for conditions that public to told he and Beganaj, Sokolj is Ministry the in person Roma educated highly and employed only The Egyptians. and Askalia Roma, of rights of protection and promotion for Department and equality gender of affairs the for Department work Ministry the of frame the In rights. human of protection and improvement for Department and is 2011 for budget the while 1.260.787.21 EUR. EUR, 1.229.599.45 of budget a had Ministry the 2010, In minorities. sexual towards manner European in act shall Ministry the and Government the that said and standpoints In his happened. changed Minister not 2010, December has which Minister, depose to Government the from required expressed homophobic statements several times during the year, although civil sector Dinoša Ferhat rights, minority and human for Minister minorities. sexual of rights regarding especially but Ministry, the of work the in omitted were rights minority and human of areas other in Activitiesequality. gender and minorities national of several round tables, seminars, and conferences which were related of to topics on work rights in participated assistants his and Minister communities. religious small believersof to congratulations missed he but Montenegro, in communities religious most of believers to holidays congratulate to opportunity the used Minister hatred. national and religious by motivated were which Cetinje in Tivatand incidents after national minorities”. Ferhat Dinoša, Minister for human was and minority rights, youth” reacted affects which and gender on published; round table “Implementation of Framework convention for protection based of is which violence violence the and on guide “Gender Montenegro”;– of life political in women of table “Participation round Croatia; Republic to visit study Sad; Novi in Vojvodina, AP equality gender and employment, labor, for secretariat Provincial to organized was equality their rights are violated by public bodies. According to adopted Law on prohibition of if Ombudsman of Office the address may Citizens act. to bodies authority public of and improves human rights and freedoms when offended by an act, activity, or failure is defined as an independent and autonomous institution, whose mission is to protect Protectorfreedomsand rights human of (Ombudsman) situation disabilities, in Bureauwith for youth enforcement and of penal children sanctions of (ZIKS) and rights the and incident which rights labor rights, minority debated on were which on assemblies 22 held and 2010, in active very was freedoms was 431.457.32EUR,and for2011is485.945.97EUR. 2010 in freedoms and rights human for Protector of Budget competences. new its wasunder increase considering Office, this the of functioning further for important are that requiredfunds however, be increased; should of Ombudsman Office for faced with important capacity problems. Office Thethe Governmentperiod, announcedthis thatWithin theRights. budget Human of Day International of of celebration frame the in “Ljubović”, youth and children for Center to visit a Ombudsman with organized YIHR violence. family in of case a torture and work, at discrimination for prison, citizens of reports to related were letters These deadline. prescribed in alegally YIHR was answered one each and 2010. letters official five in with Office the addressed Ombudsman with quality, good very a of cooperation, achieved sector. civil with YIHR cooperation of level the raised and rights human for fight in 2010 in progress made Ombudsman of Office population. LGBT of rights protect to even invited were rights minority and human for Ministry and Ombudsman of they if belong to any unhappy minority community or or LGBT population, happy and added feel that offices should Montenegro in orientations. person any personal not that said their Baković notwithstanding equal, were Montenegro of citizens all that said he Dinoša, FerhatMinister, of statements homophobic of assessments to related Baković, Šućko Ombusman, to YIHR by submitted initiative the After submit applications and for could which human rights violations they could they address Ombudsman. manner which in know they did nor was where Ombudsman’soffice know not did they said Citizens Ombudsman’soffice. to access could they which in manner the with introduced not were they where said citizens questionnaires, of 350 number large of sample the on municipalities, seven in research the that manner,this in and offices new conducted 2010, YIHR of beginning the Atcitizens. to available be has shall institution Ombudsman to citizens. Office the of one of the problems on As which torture. of was indicated by prevention Council of the Europe, for was mechanism inaccessibility be national to defined was Office the Law. this implement and monitor shall Ombudsman of Office Also, discrimination, alaet f Montenegro of Parliament Primnay or fr ua rgt and rights human for Board Parliamentary – – Office ofOffice – Ombudsman

II Legislation and institutional framework of protection in human rights area 11 12 II Legislation and institutional framework of protection in human rights area n nnlgtmt mne. s sebis f h Mngn Bad r public, are Board funds where Managing assemblies attending required the YIHR Fund’sregulations; of to according assemblies As manner. non-legitimate and nontransparent in 2010, December in 2010, for projects for funds allocated Fund of national, ethnic, cultural, linguistic, and religious identity. Managing Board of the important for population and other national support activities minority communities and is to their representatives in areas Fund the preservation and development of of national or ethnic specific characteristics of activity minority The Montenegro. of minorities onallocationoffinancesthe Fund. for Fund of Board Managing the of decision nontransparent on debate initiate to missed Board Norway.The of Parliament the to visit study the had Bar.Board and PoljeBijelo in citizens for events public two held and most” “Komanski institution the and ZIKS visited Board the Membersof area. this Parliamentthe in of function and expressed tendency of more qualitative work and accomplishing of full control of and recognized openness problems in the showed society,Board while the the work of the of Board showed Memberstransparency rights. human of area the in laws of had happened on October 27, 2009. The Board considered proposals of large number 300.000 EUR for three projects. Other organizations that had projects related to related projects had that organizations Other projects. three for EUR 300.000 than more receivedtolerance” and “Forequality NGO Ombudsman. of budget the tolerance” and equality than “For amount higher significantly is which projects, eight for NGO EUR 517.300 received Serbian and council national Serbian EUR, Parliament of Montenegro did not consider nor institution. the repealof relevance and such project, the a of quality decision. ones, important Out most the of as 850.000 such criteria prescribes that freedoms, and rights minority on Law of amendments adopted to according making, decision of process new initiate and decision repeal to Parliament, the of President the Krivokapić, Ranko invited and behavior judged a such organizations other and YIHR organizations. all to funds of allocation on decision made Parliament, the by appointed Councils, National of representatives because interests of conflict of prevention on Law violated funds of allocation the submitted initiative YIHR to 2010, the Commission 21, for prevention December of On conflict ofboard. interestsManaging to examineof whether members to close politically were who individual of and organizations and Board Managing organizations of members to allocated were minorities of Fund from projects of realization Fundsfor place. take would assembly the when announce they did nor media invite not did Board Managing finances. allocating when manners, other of in even work transparency its provide not did Board Managing 2010. 13, December on funds, of allocation after reply received and 2010 4, November on YIHR request this projects. submitted their with apply who individuals and NGOs to allocated be shall Fund for minorities – Fund for minorities was established by the Parliament Commission, that it has not developed control function. Budget of the Fund for Fund the of Budget function. control developed not has it of European that Commission, report the from critics justified Montenegro of Parliament example, this Withconducted. been never has funds of spending and overdisposal control of This is the third year of allocation of funds of Fund for minorities, but the procedure explanation. no with competition the at rejected were community national Serbian nontransparent manners of allocation of funds from public funds to NGOs. Various its functionaries, poor readiness of the country for cooperation with NGO sector and nowadays have been lack of understanding for human rights areas by the country and constantly active in human rights area. The largest problem in their functioning until in Montenegro, however, small number of them are active. Small number of NGOs is and intheframeofthisprogram itorganized more activities. minorities, of culture of Days organized PoetryCenter Music– program. - program Exhibition of photography: Monuments of oriental Islamic culture, Days of diaspora Rožaje – Exhibition of paintings, ethno concert “Montenegro, our home”;Šahinpašić; Petnjica Hamdija – of Night – Pljevlja home”; our “Montenegro, concert Ethno population; minority of representatives of paintings of Exhibition Polje– Bijelo in: organized were minority level local at Activities Čučić. of Nikola of music representativesof Night population; of opus art Book Painting – Montenegro; table ofRound Podgorica; in population fair of minority Presentation of monuments population; historic minority and of cultural instruments music – and workshop perspectives”; costumes and Folk possibilities minorities, of “Culture table Round tables, workshops, and presentations. During and 2010, Center organized more activities: preservation round manifestations, different support, organizing by minorities of promotion, culture of development implements Center The Montenegro. in minorities of thus art and importance, culture life, of values, spheres all characteristics, from base documentation its creating population, minority of researching activities, culture researching and the developing by culture of area the minority improve in to rights planed been has Center The EUR. 214.000 is 2011 for EUR, and 184.000 was 2010 for budget Its persons. employed three has it and rights minority and human for Ministry the under falls Center Hierarchically,the 2007. activities. social However,on the Law Center did to not function accordingthen, thus, this 2001, decision was in reactivated in established May was Center minorities. manner, that of culture of in expression and development and, preservation, institutionally culture encourage to of area the in rights minority improve the to with intention Montenegro of Government the by established institution the is Center 2010 was993.169.64EUR,andthebudgetfor2011is947.413.24EUR. NGO minorities of culture of development and preservation for Center – More than five hundred nongovernmental organizations are registered – The –

II Legislation and institutional framework of protection in human rights area 13 14 II Legislation and institutional framework of protection in human rights area have budgetsofaround 100.000EUR. area rights human in NGOs influential most The countries. foreign from donations human rights or it provides minimal funds. Thus, such NGOs are financed mainly by country does not support the largest and most influential NGOs that are dealingThe with active. especially are women of rights of area the in issues with dealing are that NGOs NGO. of representative of election for conditions clearly precise to and law to of amendments order to access to In important is problems. it manner,qualitative in noticeable issue this resolve most the one represents this so, rights, human with dealing not are that NGOs from representative individuals elect NGO rights, human with an dealing for presumed is position one where bodies, and councils Slobodan Milošević, nowadays, it tries to be represented as the victim of Milošević’sof victim the as represented be to tries it nowadays,Milošević, Slobodan of cooperator as wars, all in participated actively Montenegro Although publicity. III Facing past citizens, who had status of refugees, was conducted. The indictmentexpectedcurrently. alsoAccording mentioned being indictmentto is May,in that extradition 1992,their illegal removaland BosnianofSerbia, in arrested were persons mentioned above acts, criminal serious committed for citizens of extradition mutual on agreement interstate were trialed in absence, before Higher court in Podgorica. However, after conclusionBojović,MilisavMarković,Milorad Ivanović,Radulović,ofRadojeBakrač, andDuško Boško procedure, the of part larger In Stojović. Božidar Šljivančanin, and Milorad Montenegroterritoryofthefrom1992, wereaccused Branko Bujić, Sreten Glendža, punish them. or prevent to failed he case in command, their under people by committed crimes which occurs as the result of omitting, while the higher ranked one is responsible for represents This that. about something principle of command responsibility in the form known of individual criminal responsibility have must or execution on orders high functions at the Army and in the Police of that period, and who surely provided at were and orders gave who ones the to judged was cases mentioned of any in Not until the end of 2010, there was no adequate access to processing mentioned crimes. case of deportation of Bosnian refugees, during the period from presenting indictment Montenegro. in crimes war of problems adequately resolve to bodies public of capacities of lack delay,a This creation enough. in image not results of is representing and inefficiency termination of judicial properly procedures, such as not function the ones for do to war contribute would crimes, law,that by timely prescribed reforms, and all without of institutions implementation the and very achieve The cannot successfulness. Police of the and level courts adequate with cooperation good have not does that justice. of conduction qualitative in Office Prosecution importance of great is Office on responsibility, command of which International Humanitarian rules Law is based. Role to of Supreme Public comfort Prosecution would who persons, responsible all on arresting efforts enough make not did Office, Prosecution Special or firstly, institutions competent for processing war crimes, Supreme Public Prosecution Office regime but,five warcrimes were committedatitsterritory. For contralustration activities, facing past area is out of adequate focus of focus adequate of out is area past facing activities, contralustration For In the procedure for the war crime - deportation of Bosnianrefugeesdeportationduringof - crime war theprocedure forthe In For war crimes committed in Morinj, Bukovica, Štrpci, Kaluđerski laz, and in During 2010, it was not done enough on issues related to facing past. Public

III FACING PAST 15 16 III FACING PAST This does not eliminate truthfulness in the sense of existence of the document, but the werebetweentelegrams communication Securityof manner and usual centers in issue several times during the trial, because at the time internalwhenaffairs of Montenegro,this in thatwar period. Mentionedcrime telegramhappened, had been bringing conducted according to the telegram, which was signed by Pavle Bulatović, Minister of ofdeportation was National Security Service of Montenegro and that deportation was Higher court in Podgorica, Slobodan Pejović said that the brain of the Montenegro,overall operation at spring in 1992; should be put at the first place. Duringwitnesses testifying in beforethe procedure of deportation of refugees from Pejović,Bosnia who andwas markedHerzegovina by Supreme Prosecutionfrom Office as one of the most important deportation occurred was of great importance in this procedure. Testifying of Slobodanfindings. when period the in functions public high at were who witnesses of Testifying procedureincomplete, because in that manner, public stayed without some important changed their earlier statements, given before investigation judge, which made the very separateswhatwitnessesbut,procedurethatthisarea,wasthis largely others fromin Bulatović. During the previous trial, hearing of large deportationnumber of was witnessesexecuted was afterconducted the orders of Minister of internal affairs of that time, Pavle procedure against Slobodan Pejović, who proved to be the inspector forcitizens pursuit of Bosnia and and Herzegovinaone from Montenegro in 1992, would initiate criminal that unless Supreme Prosecution Office did that, the Association of familiesofprocessing thisof war crime. deportedIn the name offamilies ofdeported, Jasenka Perović said known that Pejović was one of the most important witnessesrecent testifying beforeduringHigher great court. of importanceThis is theespecially is when it entire procedure Ministryinternalofof affairs of Montenegro gave orders, who ones the duringas his AssociationsaidthatPejovic acteddisgracefully whilementioning deathfunctionaries arresting and deportation of Muslims and Bosniaks during crime,1992.Pejovićwar participatedcitizens,deported byinwhodestiniesRepresentatives of violation of of this arresting of members of their family. As they said, they decided on appeal for intensive they would lodge appeal against Slobodan Pejović who, as they claimed, participated in of deported citizens of Bosnia and Herzegovina from Montenegro in 1992, announced violatedpropertyalsoseveralseveralhiswastimes. Associationtimes,and families of policeinspector in Herceg Novi and for earlier testifying he had been receiving threats Montenegro, Pavle Bulatović. At the time of deportation, witness Slobodan Pejović of was affairs internal of Ministerformer by issuedwere orders all that notedobscurely clear and precise identification of the ones who gave orders, becausethat thetime. veryThis indictment also indicates on current confusion of Prosecution Office, mentionedin the atsense numerous of scheduled hearings, tells on complexity of werepolitical that orders different instructionstelegrams, withand ofstructure number large that offact Center . the course of the very trial in the procedure of deportation. His testifying was delayed of Montenegro. and said that was only one of numerous manners of pressuring him by national security Perovićof statements Pejovićdemented trial. during crime war this in persons key of said he had very good cooperation with Strugar and that he had findings that at the at that findings had he that and Strugar with cooperation good very had he said other defendants. In Kalač’s addressing before the council of judge Drago Konatar, he 2010. Kalač rejected all complaints expressed towards principal defendant Strugar, and of Rožaje, who held the same position at the time of the crime, testified in September Considering the course of trial, to it mention is that important Nusret Kalač, Mayor decision of making processes at the time when the war levelcrime was committed, were in detention. lowest the at were who defendants, seven Remaining for. waited being is extradition his and arrested was he Serbia, and interstate Montenegro after of but agreement list, wanted the on put was and recently until time, long a for representatives of damaged ones). Principal defendant, Predrag Strugar was in escape legal of presence consideration into taking (if families damaged representativesof of of the most difficult circumstances during the entire procedure was constant absence were witnesses submitted to of hearing and number large number large of that evidences was fact presented at the court. One despite progress much make not did 2010 during laz, Kaluđerski village the in Rožaje, municipality of territory the at 1999, EUR. Themostof refugees, 16ofthem, were from deported Herceg Novi. million 38 of amount 30appeals the in compensation requiring Montenegro, state the nearly against lodged families Their murdered. afterwards were them of most (mostly from the seaside) who were rendered to authorities of Republika Srpska, and law. At least 48 Muslims and Bosniaks were deported in May 1992 from Montenegro of international of republic rules against the was entity, which responsible fictively on as Montenegro, time that of events for responsibility shifted and enormous so something against fight to state the of readiness incomplete emphasized Bulatović time, same the At deportation. stop to able not were state, very the personally,and and even confirmed them in one part, as the witness mentioned several times that he indictment the of notes justified entirely testifying His Podgorica. in court Higher in testified he Parliament, the and Montenegro of Government the by secret state the keeping of released was Bulatovićformer MomirHowever, after Hague). for Yugoslavia in court criminal International before secret state the keeping of free was witness the that and anymore, exist not does Republic, Federal of President the of secret (which is astonishing if it is known that the state, where he performed function state the keeping of free not was witness the that estimated council judicial because Testifying of former President of Montenergo, Momir Bulatović, also marked Trial in Higher court in Bijelo Polje for the crime which was committed in committed was which crime the for PoljeBijelo in court TrialHigher in

III FACING PAST 17 18 III FACING PAST in Pljevlja, during ‘90s, while he was covering the position of Commanding Officer Commanding of position the covering was he while ‘90s, during Pljevlja, in stay his during that Directorate,Veselin said He procedure. Veljović this in testified the procedure of compensation of non pecuniary damage. Current Director of Police as it allocated certain amount of several million EUR to victims and their families, in crime, the admitted state the that said be may ItBukovica. of territory the at 1993, at thetimeofinternationalarmedconflictsinBosniaand Herzegovina, in1992and of integrity physical and health affairs their violating suffering, causing internal for civilians, Muslim of Ministry and Yugoslavia of Montenegro.treatmenttowardsinhuman Defendantswere for charged and Bosniak Army ex of members former Šubarić,Brković,Cvetković,MiloradĐorđijeSvrkota,Gogić,Radoman Slaviša and Slobodan Đuković, Radiša and Radmilo brothers against procedure recurring time five after indictments presented Office Prosecution Public Supreme 2010, AprilNamely, in Đešević. Šefkija judge of council the and for competent was Polje Bijelo have fullcontrol over ofRožaje. theentire territory not did he time the at because it, committed had who know not did he added also He refugees. Albanian over crimes committed were Rožaje municipality of territory informed on hislocationorarresting tenegro, in2008wasissuedawarrant forIvo Menzalin wasnot andtheMinistry 1 MenzalinIvo and three, on Gligić Boro half, a and three on Lučić Spiro sentence, imprisonment Zlatko Tarle on year and a half imprisonment sentence, Ivo Gonjić on two and and a half imprisonment years three to prisoners. sentenced was Govedarica,war Mlađen of sense, that treatment In on rules valid universally violated they that clear is it The prisoners. defendants war that had evidences, committed of war against crime analysis against after crime war defined, prisoners. was According it war to that such said for verdict, verdict the of imprisonment explanation years half a and 16 to Morinj,former of members Yugoslavsix to People werewho sentenced (JNA) Army camp military in committed crime war the for verdict instance first delivered Žižić, inBijelocourt Polje, onDecember 31,2010. Higher by evidences, of lack the for released were units, their in processes making decision of chain the in lowest the were who defendants, seven of All with. familiar Veljović did not exclude possibility of exceeding professional Nevertheless, competences, crime. war he the was as not classified be might that territory the at case any not therethus, was service that of accordingrules done the been to had everything then, The case of Bukovica is one more war crime for which Higher courtin Higher for which crime war more one is of Bukovica case The According toinformation we received from ofjusticeMon Ministry MilenkaPodgorica, judge in by chaired court Higher the of SpecialCouncil 1 on four years imprisonment sentence fro the criminal act war crimes war act criminal the fro sentence imprisonment years four on - defendants, decision had been made on new trial on this procedure, which means which procedure, this on trial new on made been had decision defendants, of appeals to according but Podgorica in court Appellate the second before procedure instance However, Dubrovnik. in battlefield the from there brought were who and tortured, inhumanly treated and inflicted sufferings to war prisoners and civilians verdict,orderedthe they in Morinj.Sabirni stated centar in As prisoners war against Montenegro. persons whoordered thecrimewasnotexamined. of responsibility of and persons sense responsible the other convicting in or process accusing, this identifying, in moves other no were There 2011. 19, October on expires sentence his nationality,Islamicand of civilians over Štrpci in crime the for sentence imprisonment years 15 to punished was Ranisavljević Nebojša Only lasts. still casualties’remains of search the and murderedwere they violated, and tortured were taken out of train number 671, in Štrpci, between Belgrade and Bar. After being abolished thefirstinstance verdict. Podgoricacourt Appellatein because court Higher in repeated be shall trial the that nentoa cmuiy os o so eog itrs fr hs su in issue this for interest enough show not does community International nationality) Islam of were them of (19 persons 20 1993, 27, February On

III FACING PAST 19

for official persons who commit torture. Convention against torture andcruel, other treatment while Criminal Code prescribes imprisonment for a term of up to five years IV Torture 4 3 Agreements), no. 9/91. Yugoslavia signedandratifiedthisConvention. It waspublished inOfficial Gazette (International 39/46 from December 10,1984,cameintoforce onJune 26,1987,inaccordance 27. withArticle ments, adoptedandopenedfor ratificationandaccess by Resolution ofUN General Assemblyno. 2 the of units Police Regional continued cooperation with and YIHR, in a Directorate view of Policeimproved protection of torture. human eliminating and employees of number exceeding as such problems, of resolving efficient for recommendation and some police officers were dismissed for exceeding competences, which was YIHR’s it alsoinvited YIHR representatives aswell. reported cases. While Police withthe Directorate was organizing visit cooperation to premises YIHR achieved for of detention, number large resolving by affairs Internal Policeand Directorateof Management ofmonths. couple after finished been has and transfer of of competences on Ministry of internal Processaffairs and public administration level. concerning at still is transformation of cases Department for reported internal affairs of and implementation number of competences made, been has Police torture by policeofficers. 25, June committed prisons on in torture and violation of Montenegro cases reported registered YIHR 2010. in celebrated not was world the in torture against fight of DayMontenegro. in problem important represents and concerns still judgments is war, orthreatening ofwarorpoliticalinstabilitythecountry. information, or pressure or intimidate on any grounds.confession extort to order in torture mental and physical injures, violation to persons on professional duty. inhuman or degrading punishments and treatments prohibits each form of torture and The Constitution of Montenegro prohibits torture, inhuman and degrading and inhuman torture, prohibits Montenegro of Constitution The Ibid, Article 2 Ibid, Article 1 Ibid, Article Convention inhumanordegradingpunishmentstreat againsttorture andothercruel, During 2010, first verdicts were rendered against police officers for violation, progress the Although torture. police of cases reported 27 registered YIHR Violation and torture, processing of reported cases and small number of final 3 Torture is prohibited in any cases, whether it 2 This implies deliberate infliction of bodily 4

IV TORTURE 21 22 IV TORTURE responsibility ofcompetentprosecutors. required or time-barred case the why inform not did Office Podgorica.Prosecution judged these policemen in 2003, for violation and torture of Milovan Jovanović from VelimirRajković, and Krsmanović, Slavko Dragan Minić because Knežević, of time-barred Darko case. Basic Delić, Prosecutor Darko in Podgorica policemen acquitted JovanovićMilovan of Case towards policeofficersforviolationandinhumanbehavior. registered the most reports of citizens in Berane lately, and these reports were directed NovoBerane, Veljicposition. YIHR his on MiodragBozoviccame and deposed was mm”, changes of personnel in Regional Unit Berane followed. Head of Regional unit “35 NGO and YIHR of action joint and Berane in citizens of reports last the After should notbetolerated. times at the Collegiums of Police Directorate severalthat emphasized torture been committed had by it police that officers out rights found YIHR officers. human police by of committed violations all for punishments severe on readiness expressed and of Director Veljović, Veselin Police Directorate, held a meeting and where they agreed on model Director,of future cooperation Program YIHR Raonić, Boris rights. eaoi fo Pdoia o Jn 1, 00 Bsc or snecd he police three sentenced court Basic 2010, 11, June on Podgorica, from Pejanović Pejanović Aleksandar up beating of Case three years imprisonment. They were all members of Special Antiterrorist Unit (SAJ). Jugoslav Raičević, and Nenad Krstajić were sentenced to Podgorica.onefromBukilić Banović,MilikatorturingBesides Vuksanyearand Damjanović, suspended sentence or to three months imprisonment on June 9, 2010, before Basic court in Bar for violating BukilićMilika of Case Siništaj wasamongdefendantsbuthediedafterwards. Pjetar injuries. minor them inflicting for and occasion, that on defendants violating for accused were officers police Mentionedarrested. Montenegro,was in riot armed preparationof for were accused who later Albanians, groupof a Inaction, 2006. the September in place took which let, Orlov case in Radoičić, Branko and Mitrović, Milorad Sćekić, Nenad Šekularac, Darko Kalezić, Marko officers police for verdict – flight) (Eagle’s let” “Orlov Case blows over hisheadandbodyreceived minorinjuries. door.the suffered hardunlocked Ristić and occasion, light that the On of turned he was, Ristić where detention for premises into enter to persons unidentified enabled had he accusations for again trial in put be will Damjanović court. Basic of verdict the abolished Podgorica in court HigherHowever, Podgorica. from Ristić Saša of imprisonment to police officer Dejan Damjanović for assisting in torture and violation Case of beating up of Sasa Ristić – Police– officer Mirko Banović from Podgorica was sentenced

– Basic court rejected to make decision and therefore, and decision make to rejected court Basic – – Basic court in Podgorica pronounced five month ai cut n ogrc dlvrd acquittal delivered Podgorica in court Basic I cs o baig p Aleksandar up beating of case In – Pejanović as well, who claimed that two police officers were baselessly released, baselessly were officers police tortured directly who Officers them. against evidences same weretherethe although two that claimed who well, as of Pejanović representative legal authorized and attorney, defense via appeal lodged persons Accused detention. in Pejanović Aleksandar up beating in persons unidentified to officers Ivica Paunović, Milan Kljajević, and Milanko Leković for providing assistance 5 verdict. final a was This Podgorica. from Đokić Prelja of torture and violation act criminal for imprisonment months three to Đukic Dragan officer police sentenced Djokic Prelja up beating of Case Pejanović. of committers and that actaswell.” violation, and torture of act criminal covering in Directorate, Police to assistant and accomplice became with Office Prosecution fact, unresponsiveness In its something. doing when Police the addressing were they like public, providing Prosecutionwhile impressioncooperation, false of make lack to towards tried Office in open completely was Police information. and actions process simple statements. There were nointerest ofthepoliceor Prosecution Office forthisutterly and information useful receive and statements their take to easy also was It period. find out who were members of that unit who were engaged at work in the controversialall about. It was the Special task force of the Police, as Stanković said, so it was easy to information of Stanković, it was absolutely easy to identify which formation was this Pejanović.this up After beat who persons of uniforms described Stankovićprecisely Goran officer police although committers, direct identifying on steps concrete any make not did Office Prosecution this, After body. responsible more uniquely and factually acts as if it works according to orders of the Police, not as hierarchicallyminister or higher the Government on that manner of work of the Police. Prosecution Office obligation to order it according to authority of its power, that is, to inform competent Prosecutor is not empowered to ask the police to do something, but has the right and of Prosecution Office and are due to act according to Prosecutor’s requirements. Thus, that Prosecution Office is hierarchically above the Police while the Police is the service authority and the police is managing body as judicial the part of of executive power.a part That means is Office Namely,Prosecution illegal. is act criminal this towards submit her required information, was not understandable, and relation of Prosecutor police officers who were suspected for beating upunidentified Pejanović,on andinformation thatfor DirectorPolice did the not Aleksandar of Director addressed had she Kavarić, said who Dalibor yet. identified been Podgorica,in Prosecutor Basic Pejanović’sof “Claims researcher: not YIHR lawyer,told have Pejanović beat and Statement ofDalibor Kavarić, submittedon December 10,2010.isin YIHR files 5 Prosecution whobeatenup Officehasnotidentifiedpoliceofficers – On June 4, 2010, Basic court in Danilovgrad in court Basic 2010, 4, June On –

IV TORTURE 23 24 IV TORTURE officers for violation, has not been processed yet. Stajović accused police officers for officers police accused Stajović yet. processed been not has violation, for officers charge submitted by Stajović on November 18, 2008, against four unidentified police by Ministry of justice and he did not serve the sentence. On the other hand, criminal amnestied was Kosovo.Stajović of independence the recognizing on decision made Government the after occurred which protest the at Montenegro,Parliament of the of front in officers police insulted and stoned he because imprisonment month one Stajović Nikola up beating of Case at therequest ofPrelja Đokić’s parents. at duty when the incident had happened. He said he had arrived at the police station not was he said and charge criminal the in statements media via Živkovićdemented Policeofficer, service. in work been Veljko unconscientious and position, professional of had it that abuse statements, charge false giving of acts its criminal committed policemen that in suspected stated YIHR responsibility. criminal Đukić avoiding colleague theirin help to intending statements false and deliberate gave they officers,police two against Milenko Obrenić and Veljko Živković. The stated verdict submitted and process this criminal charges in on August 10, 2010, irregularities to Basic Public noticed Prosecuton Office in YIHR Podgorica, verdict, to According committed murder of German citizen, Klaus Dojclender. Stošić said that she saw she that said Stošić Dojclender. Klaus citizen, German of murder committed had he confess to him forcing him arrested they when Stošić Rade brother her up Stošić Case that policeofficersonly usedphysicalforce withnoadditionalmeansofextortion. of statement said The Directorate Police workers. of lives and health save and secure their strike. Police Directorate said that the Police was forced to intervene in order to force towards them, for using shock using bombs, for inflicting2010, injuries17, andFebruary illegallyon Mojkovac interrupted in Police the accused and Radović Popović,Milivoje Draško Rosić, Dragomir Jovanović, Miomir Mojkovac, from Plant Mojkovacfrom worker of Case damaging braincentersandfracture ofskullbones. got heavy injures. Four days after the incident had happened, Dedeić died because of Daniel Dedeić from Mojkovac with the fist. Dedeić fell on the street, hit his head and Popovićhit died. he which after 2009, June10, on Dedeić Daniel to injures bodily serious inflicted he because imprisonment, years six on Popović Rade officer police Dedeic Danijel of Case said make decision, not did Stajovic. Office Prosecution 2010, of end the Until case. the Prosecution Office on October 10, to 2010, to make decision on presenting indictment or rejecting case the of files returned judge investigation that researcher YIHR told Stajović surgery. Nikola in resulted which injures bodily serious him inflicting – On October 14, 2010, Rada Stošić reported that the Police beaten Police the that reported Stošić Rada 2010, 14, October On – – Appelate court of Montenegro confirmed the verdict to verdict the confirmed Montenegro of court Appelate – – Representatives of former employees of Forestry of employees former of Representatives – – In 2009, Nikola Stajović was sentenced to sentenced was Stajović Nikola 2009, In – accused and submitted criminal charge for violation, against police officer Šekib officer police against violation, for charge criminal submitted and accused Durovic Elvis of Case action ofMontenegrin andGerman policethathadbeenlastedformonths. planned of result the was arresting his that and Rade up beaten nobody that added and statements these Policedemented Directorateinjuries. of lot a with brother her 9 8 7 mented in YIHR files. 6 Office. and Čekić did not file examination criminal charge against police medical officer orderedto competent Prosecution judge Investigation statements. these negated Police the an injured was he occasion, that On confession. extort to order in him violating members of the Police in Podgorica for violation. Čekic said they were and torturing – Cekic Fikret of Case nor there wasanyothercriminalactpunishableby officialduty. investigation, conducted Prosecutor assessedthere were noelementsofcriminal actforwhichitwasreported, after because, Durutović, by submitted charge criminal responsibility. behavior of mentioned policeman had elements for defining disciplinary or any other facts and evidences that would justify foundation of these defined statements that not actions and were Department, this of officers by conducted was which inspection, happening. was behave in that manner only in Novi Pazar,could I not at that place. I could me not believe what telling searching, started Hecar. the on it leaned and head my pushed He me. on fell and back my on elbow his with me strongly.hit car Heme the towards leaned He car. my of seat back the towards strong me pulled and me grabbed car.”the he of but out get get boring, to “Youwas wanted I that me telling are me: told and car the of out get to ordered me he voice, higher in Then, comment. a intending to offend him. Considering that we passed cross-border twice, I only made not was I night. gave that boring were they I joking, occasion, that on which commented I him. documents, for asked and us welcomed approached, Policeman us. father’s stopped her police to traveledRožaje,traffic in entrance Rožaje.On in place we therefore Rožaje, from is wife My 2010. 25, February on p.m., 18:30 at night, that him day. tortured Džogović Šekib that researcher YIHR told Durović Džogović. 6 n vns hc hd apnd ht a, uoi si: I ws Thursday was “It said: Durović day, that happened had which events On Ibid Reply ofPolice for internal control Department from December 22,2010 Ibid Statement ofElvis Durović to YIHR researcher, onMarch 2,2010.Thestatementisdocu 8 Basic Public Prosecutor in Rožaje informed Internal affairs on rejecting 7 Department for internal affairs told YIHR that in the procedure of procedure the in that YIHR told affairs internal for Department – On February 25, 2010, Elvis Durović from Novi Pazar Novi from Durović Elvis 2010, 25, February On – irt ei fo Blrd acsd n ac 7 2010, 7, March on accused Belgrade from Čekić Fikret 9

IV TORTURE 25 26 IV TORTURE police officers and on giving up of further criminal procedure. YIHR provided free provided YIHR procedure. criminal further of apologyof up giving on the and officers police onaccepting 6,2010, decided Sujković Meanwhile, on April officers. police charge against criminal filed Sujković Bernard released. was Sujković days misdemeanor, 15 for council Republic to the to him appeal the sentenced lodging After and imprisonment. 2010, 26, March on Sujković Bernard punished degrading treatment. According to this charge, misdemeanor judge Branka Pantović, injured, accusedhim officers Bernardsaw police brotherhe his when to Sujković for injures. him inflicted and Sujković told Policepolice officers he would address Berane media and report violations committed of premises in 2010, 25, March on up him Radoman and beaten officers Tijanić Bubanja police Veselin that Sujković Bernard of Case on foundationofstatementsRakočevićmentionedincharge. indicate might that evidences find not did judge. affairs Internal inspection, misdemeanor of procedure before statement false providing for Bakrač Veljko officer Radan Guveljić for using force towards him illegally and against police officer police accused Rakočević Kotor. in 2010, 14, March on happened which incident Case of Igor Rakočević ed in YIHR files 12 11 10 and Ljuca hit me with fists and legs all over my head, neck, chest, and back and threw legs. Theyaddedcynically: “OK, we wantbeat your legs, we’ll behuman”. Vojinović my of both in installments metal have I that person, disabled am I because me beat to not them begged I well. them remember would I saying and mother my cursing I leave Bijelo Polje, they would find me and beat me, saying there was no life for me, if and me, eat would dogs that threatening cruel, very acting were They premises. to VojinovićAfterwards, 24. April on happened which me incident took the Ljuca and about statement a give to citizen, a as invited was I me. towards force physical and resist nor undertake any action to give Vojinović reason to not impose did means of I extortion head. my over fist the with me hit and Policebuilding the of front in me Policethe when statement Policeme. invited Aleksandarofficer Vojinović for waited “Onp.m.April15:00 at Police2010, wentthe 26, I to premises Berane,givein toa and inflicting him bodily injures. up On events which happened him that day Mirković beating said: for Ljuca Cemal and Aleksandar Vojinović officers police accused Mirković Berane. in Police the of premises in 2010, 26, April on happened which Case of Slobo Mirković legal aidtoSujković.

Report ontheincidentwhichhappenedMarch 31,2010;CaseofSujković document Ibid Ibid – Slobo Mirković from Bijelo Polje, reported to YIHR incident – Igor Rakočević from Kotor reported to the Internal affairs – Bernard Sujković from Berane told YIHR researcher YIHR told Berane from Sujković Bernard – 11 12 hn Fuad When 10 n the In - Police Internal affairs did not define evidences as the basis for initiating the procedure insomnia.”and headache a had I sick, was I felt I Later vomiting. and consciousness losing been had up,I me werebeating they while Also, photos. and analysis medical after noted was which body and head my injured and me on the table. On that occasion, I had concussion of the brain; they broke my tooth, 15 14 files 13 him above stood Jarčevic Dejan and Slobodan floor. Veličković the on Nikola saw and immediately thought they were beating my friend Nikola. I opened the door and bakery the at shouting and noise a heard I Soon, me. at shouting and bakery the of door the closing me, following out went Minić Milan and outside went me I force. at use shout to need no was there that and out go would I him told I out. go to me telling and force using outside, me push to tried He out. it pull to managed I but arm my grabbed He arm. my twist to trying and card identity professional his my friend with showing me at shout fighting to started Minić Milan officer police started moment, that InNikola. and cursing and shouting manner, cruel a in act to continued Slobodan Veličković alcohol. of influence the under were them of all that immediately noticed to we Veličkovićand Veličković cruelly down. reacted asked cigarette the put politely and uncomfortable felt who Medenica, friend my to next cigarette a Veličkovićlit Slobodan bakery. the at were know, not did I name and “Nord”whose man a bakery Veličkovićand Slobodan Jarčević, the Dejan Minić, Milan in food. ordered by dropped we usually, as home, way our On longer. bit a stayed I and Medenica Nikoladay, while following the seaside the at travel to werethey intending because Sekulićearlier Ranko left and IlijaKljajević friends, my who were all from Bijelo Polje. That evening, we were at café bar “Makijato”. Two of NikolaMedenica,and Sekulić, Ranko Kljajević, Ilija with was I town. at friends my happened that night, Marašević said: “At in had what injured night, On severe. as doctors were between by qualified were Julyinjuries They of some and 2010. 10 incident this and 11, 11, and I 10 went July out between with night at “Nord”, bakery in Polje Bijelo in happened which incident researcher YIHR to reported Polje Bijelo MedenicaMaraševićand Caseof Prosecution Officein Bijelo Poljetodecideonit. case was finalized in Basic court in Bijelo Polje and files were returned to Basic Public this in procedure investigation Polje.Bijelo affairs, Internal of findings Accordingto in Office Prosecution competent to submitted were case the of files the that YIHR officers. mentioned of responsibility disciplinary defining for

Ibid Reply forinternalcontrol ofDepartment ofthePolice from December 22,2010 Report ontheincidentfrom May 5,2010;caseMirković, isindocumentation YIHR – Budimir Marašević and NikolaBudimirMaraševićand Medenica– from 15

13 In the control procedure, control the In 14 Internal affairs told affairs Internal

IV TORTURE 27 28 IV TORTURE n plc ofcr u hm aduf. eioi rpre cso officer,whose custom reported Demirović him handcuffs. put officer police and for Muslim), I have right to keep you six hours termat the crossing border for no reason”, pejorative is (which balija up, “Shut him: told officer custom that researcher YIHR told Demirović him. towards manner degrading in acted and him tortured on crossing border Dračenovac. Demirović said that custom officer and police officer Trebinje, reported the incident which happened at night, between July Case of Semir Demirović24 and 25, 2010 accused Minić committedcriminaloffence. that evidences no were there because offence criminal further of up Bijelo Prosecutorgave in Public court Basic as Minić, Basic against investigation of 2010, termination on decision 23, made Polje December On Montenegro. of Code Criminal the of 1 Paragraph 151, Article from Marašević, Budimir to injures bodily serious Basic Public Prosecution Office in Bijelo Polje for committing criminal act inflicting to of officer Milan Minić Bijelo police PoljeRegionalunit against charge criminal filed Directorate Police consciousness. lost he and head the in him hit police Minić moment, officer that in because speak, not could Marašević night, that happened and in that moment I only saw Slobodan Veličković beating him. 17 16 YIHR, which happened on July 21, 2010 in Herceg Novi, near the café bar “Lobelija”. Case of Miloš Konjević Law andinpresence ofZonjić’s father. with accordance in activities all out carried they alcohol. said of Police influence the who called them and said that his son, Radovan Zonjić had been driving a car under Zonjić’sof father requirements after intervened had they announced and statement said he would lodfe appeal against police officers. Police Directorate rejected Zonjić’s body.his overZonjić all him beating and him torturing for KolašinPolice in the of Case of Radovan Zonjić exceeded competences. officer police their that demented Directorate Police procedures. further on Office Prosecution competent to case entire the sent Directorate Customs basis. religious on insulting of possibility excluded which nationality,Muslim of was 20630, was number registration officer, whose the that said day. statement controversial The on their officers did not find evidences which may indicate on ill-treatment of Demirović Customs Directorate of Montenegro conducted internal control and announced that Demirović were witnesses in the process “Deportation”, before Montenegrin judiciary. Republikaforcesof Srpska.byMontenegrinto SemirSadik 1992,and in policemen deported was Demirović’sDemirović Sadikfather,20630. was number registration

Decision ofBasic inBijelo court Polje from December 23, 2010isin YIHR files Report ontheincidentwhichhappenedoJuly 26,2010 isin YIHR files – Milos Konjević from Herceg Novi reported the incident to – On July 20, 2010, Radovan Zonjić accused representatives – Semir Demirović, a citizen of Sweden, originating from 17

16 On events which reasons of disappearing a table from my café bar “Ambasada”.bar café my from table a Pavledisappearing Obradović,of Ilija reasons MirojeguardVidaković the on with discuss to “Lobelija”,wanted bar I café because July 21, 2010, at 3:30 in the morning I arrived with four of my friends to the nearby “On said: Konjević documentation. medical received he which for back, and his head over all injuries inflicting for Jauković Božidar officer police accused Konjević 20 19 18 the analysis showed there was no alcohol in his blood. On that occasion, officers took six hours on May 2, 2010, doubting he was under the influence of alcohol, although in police officers activities. Namely, Novićević accused police officers for keeping him criminal charge on July 27, 2010 explaining there were no elements of criminal offence for violation of professional position. Basic Public Prosecution Office in Plav, rejected June 23, 2010 against police officers Amer Radončić, Boris Đukić, and Goran Ljubić, NovićevićMiladin of Case when hedamagedMiloš Konjević. torturing, offence criminal committed Jauković officer police that doubt reasonable of account the on investigation, undertaking for court Basic to proposal submitted misdemeanor. disciplinary committed had officer Božidar Jauković was punished with 30% reduction of the salary for month he us.” beating stopped he and him stopped colleagues Somehow,his back. and overhead times my three or twice me hit and truncheon the used he again us, beating was he why him asked and blood, with covered up, stood I When injuries. inflicted on statements at the Police station in Herceg Novi and they also had medical document them as well. He hit Pavle Obradović, Ilija Vučkovic, and Petar Janičić. They all gave While my friend tried to prevent the policeman Jauković to beat me, he started to hit the took truncheon out and started to beat me, me all over my head hit and entire body, he 5 or 6 and times. sentence the finish even not did I that. do would him he asked why I and me hit would he me told Jauković policeman that, After matter. that for them called we that him told I hands. own my in law the take to there not that I had doubted that the guard took it. Policeman Božidar Jauković told me I was and bar my from stolen been had table the that answered I problem?” “What’sthe asking: guard, the and me approached JaukovićPoliceman me. to unfamiliar were who more, policemen two and Jauković Božidar van, the of out went NoviHerceg Police the Three van.representativesminutes, of Intervene the ten with Unit arrived After Police. the calling proposed I discussion short after table, my stole guard the that suspected I As me. with were Gardašević Božidar and Janičić Vučković,Petar

18 o eceig optne ad o hay icpiay idmao, police misdemeanor, disciplinary heavy for and competences exceeding For Ibid Answer forinternalcontrol ofDepartment ofthePolice, from December 22,2010 Report ontheincidentJuly 28,2010isin YIHR files – Miladin Novićević from Plav filed criminal charge on charge criminal Novićevićfiled MiladinPlav – from 20 Theprocess isincourse. 19 Basic PublicBasic Prosecutor Herceg Noviin

IV TORTURE 29 30 IV TORTURE against twopoliceofficers. related to stolen scooter. Stanić filed criminal charge to competent Public Prosecutor information him from extort to intending him, torturing for Directorate,Police at injuries. Stanić accused Đorđije Ćetković and unidentified person, who were officers received Ponari,he wherevillage the in Golubovci in 2010, 6, August on happened Stanić Mario of Case in Strasbourg. Court the and court Constitutional to appeals announced Novićević court. Higher 13, 2010, to October Appelate court, on which, on November appeal 20, lodged 2010, confirmed decision Novićević made reason, by that police For actions conducted. in had offence officers criminal of elements no were there him informed court of hearing conduct police officersonly and forwarded thebut case tohim Higher court. Oninvite October 11,not 2010, Higher did Plav in court Basic Novićević, to filedthe he requirement for initiation of investigation activities to charge, Basic court in Plav. Accordinghis criminal rejected Office Prosecution after that, researcher Ljubić threatened Goran him not to complain officer and not to police report the case. Novićevićthat also told claimed YIHR Novićević while away license driving his oYH cpe o mdcl ouet ad hts hwn hs nuis H filed He injuries. his showing photos and documents medical of copies YIHR to submitted injuries. Vreva him inflicting and premises police the at up him beating for officers police accused Vrevapremises. police in custody into taken was Vreva injuries were inflicted to him. After the incident withmore ownerswhere Polje, ofBijelo thein nearbyLješnica restaurant, place in 2010 28, August on happened which Vreva Muzafer of Case violations, and when FCČelikhasamatchwithZabjelo. ill-treatment for officers police accuse Čelik FC of supporters and players that Čelik time second the FC custody. was into That taken were of them of some fans while beating were officers police that and incident the cause Zabjelo 2 the in Zabjelo FC against match their during Čelik FC of supporters tortured officers police that said “Čelik Case owners andsaidthatactionswere conductedinaccordance withlaw. club’snight the of statements demented Directorate Police competences. exceeded the security cameras to competent bodies, which would prove that police officers had pregnant woman among guests. Owners said they would submit video material from a was there said statements The 2010. EUR. 10.000 15, to up and on estimated 14 was damage August The between night at club, the of personnel the torturing and and guests beating and object entire the demolishing for Directorate Police of “Sparta” Case “– Football player of the Footbal club Čelik from Niksic, Luka Bakoč Luka Niksic, from Čelik club Footbal the of player Football “– Onr o te ih cu “pra fo Bda cue officers accused Budva from “Sparta” club night the of Owners – nd – Mario Stanić from Podgorica reported the incident which incident the reported Podgorica from Stanić Mario – round of the second league. He said that supporters of FC of supporters that said He league. second the of round MzfrVea rm ieo oj rpre te incident the reported Polje Bijelo from Vreva Muzafer – day. Policeman S.R. addressed publicly and rejected complaints that he had beaten had he that complaints rejected and publicly addressed day.S.R. Policeman Veselin Veljović, Director of Police Directorate, with events which had happened that injures, extortion of statements, torture and violation. Vreva said he would introduce the Police Directorate of Regional unit of Bijelo Polje, for inflicting him serious at policemen bodily unidentified and Raičević Slavko officer police against charge criminal 25 in YIHR files 24 23 22 21 Kotor proposed opening of investigation against police officers Aleksa Praščević, Ilija procedure disciplinary of police officers in the actual case. Basic Public Prosecutor in him. accused police officers of the Police station in Kotor for illegal use of extortion towardsBrnović 2010. 29, August on happened which incident police the of affairs Internal Brnović Aleksandar of Case Branislav Divjak. might indicate that police officers Vujović and Vračar illegally used extortion towards that evidences and arguments define not did police the of procedure,Internalaffairs inspection the In activities. professional performing when persons official attacked had he doubting Divjak Branislav for Basic detention month one injuries. ordered Kotor in court inflicted on documentation medical has Divjak Branislav persons. official assaulting for Branislav son her accused they drug, no was there out found officers police when Divjak, Mrs to According “Kafetin”. as known pill, headache a was it showed center forensic of analysis the but paper plastic a in powder white found officers Police drugs. find to intending Branislav attacked officers police that said Divjak Cvetanka injures. serious him inflicted and Budva in son her up beaten VujovićVračarStanišaGoran had and policemen that researcher YIHR told Divjak Kikinda reported the incident which happened on July 26, 2010 Divjak in Budva. Branislav of Case other actsforwhichtheycouldbeprosecuted exofficio. control there were no elements of criminal acts for which they had been reported, nor officers. police of responsibility of form circumstances which would undoubtedly indicate on elements of disciplinary or other conducting and facts the define not could While they YIHR told affairs Internalprocedure, him. inspection handcuff to had who policemen other he that with after fight and to head tried his over fist a with him hit Vreva that said S.R. up. Vreva

25 Internal control did not find facts that might indicate on the existence of theexistence on indicate might that facts find not did control Internal Ibid Answer forinternalcontrol oftheDepartment ofthepolice,from December 22,2010 is Report ontheincidentfrom August 6,2010isin YIHR files Ibid Answer forinternalcontrol ofDepartment ofthepolice,from December 22,2010 24 Ceak Dva, ohr f rnsa Dva from Divjak Branislav of mother Divjak, Cvetanka – – Aleksandar Brnović from Podgorica reported to the to Podgoricareported from Brnović Aleksandar – 21 Basic Public Prosecutor informed internal informed ProsecutorPublic Basic 22

23 Cvetanka

IV TORTURE 31 32 IV TORTURE have appropriate drivinglicenseandregistration plateforatrailerhedrove. not did law, Janković his because with accordance in acted officers of police that said and revoking illegal and ill-treatment Jankovićof statements trailer.demented Policea Department for and vehicle registered Jeknić Goran and Šarčević Duško incident which happened on October 27, 2010. Janković accused two police officers Janković Slobodan of Case to reported was case The Internal affairsand Šuntić saidhewouldfilecriminalchargeagainstpoliceofficer. injuries. him inflicting and up him beating for Mališić Darko inspector police Šunticaccused Berane. in 2010 23, September on happened Šuntić Muriz of Case the incidentwhichhappenedonAugust 30,2010. of Ombudsman. officer fromforcebypolice of use the and behavior Lazarević, Borislav in Podgorica, Office via Zogović Stevan by Case of Stevan Zogović of torture, whenAleksandarBrnović wasdamagedparty. Mijatović, and Marko Šarović, for basic doubts they had committed criminal offence osumnjicenim-se-traga_4723.html; visitedon November 8, 2010 policijski-sluzbenik-i-jos-jedno-lice-liseni-slobode-zbog-sumnje-da-su-pocinili-otmicu--za-trecim- 30 29 28 27 26 Directorate.Police said EUR, Đakovica was 30.000 of debt a from A.A. when him owed person this because namely B.T.A.A., incident. violated the more persons, in damaged two with “kidnapping”, offence B.T.officer police criminal executing for suspected and from arrested was Podgorica Case of “kidnapping” – Lazarević exceeded competences. and Strunjaš officers police that doubts reasonable on indicate might that evidences In the inspection procedure of statements in the letter, Internal affairs did not define for and requiring policeinspectors fro him to accuse two persons for participating in this action with two him. hadaccused “robbery”act criminal a Lazarevićwereon confession requiringthreateninghis him, he saying unprofessional behavior. Božovic media, said that police inspectors Zoran Strunjaš and Boro and affairs Internal Podgorica, sent open letter to YIHR, Veselin Veljović, Director of Police Directorate, ae f iui Božović Milutin of Case

See more onPolice Directorate web-site http://www.upravapolicije.com/uprava_policije_ Ibid Ibid Ibid Ibid Mrz utć rm eae eotd h icdn which incident the reported Berane from Šuntić Muriz – – Internal affairs executes the control of statements submitted On November 7, 2010, Police Directorate announced that O Spebr 0 21, iui Bltvć from Bulatović Milutin 2010, 30, September On – Sooa Jnoi fo Pdoia eotd the reported Podgorica from Janković Slobodan – 29

30 Direct supervisor of police officer police of supervisor Direct 27 28 ooi cmlie o illegal on complained Zogović

26 them, after being taken into custody for the incident which happened in Botun, near towards behavior unprofessional for 2010, 10, on November officers police accused Idrizi and Adrović Case misuse ofofficialdutyor overstepping theauthorities. of account B.T.the on him procedureagainst disciplinary for motion the submitted 33 32 31 the have prisoners and improving with conversation and ZIKS to VisitsZIKS. in rights human of state to researching contribute significantly shall ZIKS. that in Cooperation treatment degrading on Memorandum ZIKS, and of Management the with inhuman signed YIHR of Representatives violation, of cases reported more Incidents in Bureau for enforcement of penal sanctions (ZIKS) that wasdirect threat afterheinitiatedtheprocedure. guns and on that occasion Vasović and two more citizens were wounded. Vasović said Policethe used when ago, years three happened had which incident the Babovićfor Police.”the to case we’ll come again.” I did not react on his words, I only moved forward. I reported this monkey,you us, you’llgoing, pay you are “Where saying: me addressed Vlajko me. shoulder. A policeman Vlajko Babovic, former Deputy Head of Berane Police pushed a with me pushed somebody felt I son, bowedovermy I As cap. a him put to down said: “I went to kindergarten to take my five year son. Because it was raining, I bowed incident which happened on December 21, 2010 in Berane. On this incident, Vasović VasovićZoran of Case Bijelo Polje ordered onemonthdetentionto policemanRadević. into the hospital in Berane. Dragan Vojinović, Investigation judge at Higher court in injured by Dacić, in the action of his arresting and after the incident they were taken policeman Adnan to Bibić while even being arrested. injuries Twoinflicted Dacić policemen, self-defense. Radević and for Bibić were gun professional used he that said Radević (ZIKS). sanctions penal for Institution from escaped who Dacić Asmir of officer Dejan Radević from Rožaje for the criminal act murder in attempt, on damage Radević” Dejan “policeman of Case were generously warninghimnottocomplainbecauseitwasgoodforhim. they told and him called Police the that said Kajević unlocked. was vehicle the but broken not were locks vehicle the that and illegally border the crossed Kajević that for illegal deprivation of his vehicle (jeep). Police demented these statements and said Kajević Enis of Case Podgorica. Control ofthesestatements,by Internal affairs,isincourse.

Copyofthereport, submitted by Vasovic toBerane Police isin YIHR files. Answer forinternalcontrol ofDepartment ofthepolice,from December 22,2010 Answer forinternalcontrol ofDepartment ofthepolice,from December 22,2010 33 Vasović initiated the procedure before judicial bodies against bodies judicial before procedure the initiated Vasović – Enis Kajević from Rožaje accused policeman Dejan Dević Dejan policeman accused Rožaje from Kajević Enis – – Zoran Vasović from Berane reported to YIHR researcher YIHR to reported Berane VasovićfromZoran – – Two Roma persons, Vahid Adžovic and Mentor Idrizi Mentor and AdžovicVahid persons, TwoRoma – - Public Prosecution Office accused police accused Office Prosecution Public - 31 – YIHR registered 32

IV TORTURE 33 34 IV TORTURE Deputy resist. Ombudsman, not did who liberty of deprived persons towards ZIKS of officers ten of behavior brutal showed clearly which Internet, the on professionalcompetences. offence of limits criminal in acted other officers any because of incident, nor controversial the in reported, of elements Office no were Prosecution there ZIKS. in assessed officers against Nikezić Dalibor and Milić Igor by filed 9, 2010, November from charge criminal rejected Office Prosecution Public for ZIKS, in 2009. 27, October on officers happened which incident the in violation and torture unidentified several against 2009 9, November on charges happened which incident the criminal filed Nikezić was Dalibor and Namely,Milić Igor2009. 27, October entities, on international and local of attention to improve thesituation. efforts makes and readinessshowed ZIKS of Management the but level satisfying at provided bz its accommodation capacities. than Conditions and ZIKS the state in in ZIKS prisoners still are of not number larger still is There YIHR. to provided been 37 com/watch?v=qcdJjed1aAc visitedonMay 14,2010 36 35 www.yihr.me “Torture, discrimination,politically motivated violence,andfree legalaid”, whichisonweb-site 34 ZIKS to and ZIKS in recommendations officers responsible gave against procedure disciplinary initiating Ombudsman on violated. of were Report on Nikezić Dalibor discussed hearing and was Milić Igor of control which freedoms and on rights human that 2010, initiated stated who 31, Ombudsman, (SNP) March on Party place People’s took Socialist which ZIKS. in justice, of Minister events for Radović, on Board Miraš of hearing Parliamentary control from conduct to required rights human YIHR addressing, public injuries. through noticeable and had persons these that YIHR introduced national confirmed and international public with details of this incident, incident the after days and free legalaid” seeonhttp://www.yihr.org/uploads/reports/bhs/33.pdf, page 26 39 from October 30,2009,isin YIHR files. 38 May 14,2010 from October 30,2009,ontheweb sitehttp://www.ombudsman.co.me/aktuelnosti.php, visited on

One of the incidents in ZIKS, which attracted the largest interest and interest largest the attracted which ZIKS, in incidents the of One Annual Report of YIHR for2009“Torture, discrimination, politicallymotivated violence, Copyofthelettersentby Lawyer BorisMarinovic to Director ofZIKS,Milan Radovic, Statement ofProtector ofhumanrightsandfreedoms (Ombudsman), Number: 05-684 See thevideoofincidentfrom October 27,2009,onweb pagehttp://www.youtube. CopyofDecision no.189/10 from February 12,2010isin YIHR files More onthisincidentseeannualreport of YIHR onthestateofhumanrightsin2009 35 Later, YIHR got the video of the incident and published it it published and incident the of video the got YIHR Later, 37 ex officio lawyer, 38 and parents, 39 who visited them few few them visited who 36 aiaa Laković, Marijana 34

e oe mbl poe n tl hr o el aiaa Laković Marijana tell to her told and phone mobile over her time, committed by a safeguard person. On January 15, 2010, Milić reportedMilić 2010, 15, Januarysecond On person. safeguard the a by committed time, for torture reported 2008, November from whoZIKS in Milić, prison Igor in pronounced. is was salary fine A monthly one punished. of were reduction 30% measures. officers or four assumed that on YIHR days, informed 20 ZIKS of following Management the during Ombudsman, inform to 46 45 when Nikezic reported torture inOctober, 2009 44 43 42 41 40 up. wash to her gave immediately. Nikezić, Sabaedina Milić. Igor torture reported of case with Nikezić. he new Dalibor 2010, over 12, after January jointly on YIHR him to reported 2009, over Dalibor, of mother continued October being in is violations torture that confirmed also and Criminal CodeofMontenegro.torture committing for the of 165 Article from extortion Perović, act criminal and 167 Article from violation against Podgorica, in Office Prosecution of officer mentioned of responsibility ZIKS. defining for procedures of initiation and of President Dujović, Mušika investigations, reactions, fast and them from required letter,and by court, ZIKS, Higher of Minister Radović, Miraš ZIKS, of Director Radović, Milan face. incident this his on informed to YIHR Perović 2010, close 18, this, January face his saying putting While Milić towards Milic?”. arms clear, spreading that was Is place! this on head your with work.You of out throwsomebody paycan youcan think, you do “What him: her.later,with Fiveminutes Perovićconversation the told interrupt to had he the permission he received at 12:00 on December 31, 2009, and for that reason ZIKS, in after phone, the on sister his to talking was safeguard he while chest, his in Perović, him pushed Rašo that Lawyer YIHR told Milić threats. these of was she occasion the while on institutions competent beforeJasavić Milić represents YIHR Azra visit. at Lawyer, YIHR to torture and threats on information

41 Ibid Report ontheincidentJanuary 12,2010isin YIHR files. Marijana Lakovic, Deputy Ombudsman whoresearched thecaseandaddressed public Report ontheincidentJanuary 12,2010isin YIHR files Criminal chargesubmitterby YIHR onJanuary 18,2010,caseMilic, isin YIHR files Copiesofwrittenlettersfrom January 18,2010are in YIHR files Report ontheincidentfrom January 15,2010isin YIHR files ZIKS, in sentence a serving is who Podgorica, from Nikezić Dalibor On January 18, 2010, YIHR submitted criminal charge to Basic Public Public Basic to charge criminal submitted YIHR 2010, 18, January On 45 She also said that she saw traces of blood on clothes her son her clothes on blood of traces saw she that said also She 46 43 YIHR Lawyer, Azra Jasavić visited Nikezić in ZIKS on on ZIKS in Nikezić visited Jasavić Azra Lawyer, YIHR Sabaedina told YIHR researcher that Dalibor called called Dalibor that researcher YIHR told Sabaedina 42 The process is in course. course. in is process The

44 to visit him him visit to 40 On On

IV TORTURE 35 36 IV TORTURE January 18, 2010, YIHR submitted criminal charge to Basic Public Prosecution Prosecution Public Podgoricain OfficePavićević, Zdravko against Basic Vesko to Marković,Drljević,Igor charge criminal submitted YIHR 2010, 18, January ZIKS. of investigations, officer mentioned with of reactions, responsibility fast defining Dujović, of initiation required Mušika and and 2010, court 18, Higher January on of incident, President this the and justice, of Minister over all his body.raining also was It it Dalibor. left while thez room days, the in and time the all nights three raining was head position his this above in him window held the They toilet, while opened. left stick they unhygienic static a the to hand near right floor, his the on handcuff they mattress the on him left werethey beds empty, four where premise, special a to him took Ivanćević Vesko and When Zdravko Drljević wall. the over officer head his hit and clothes, neck his his over him of took grabbed they Pavićević Before prohibited. anything find not 23, 2009 and January and 15, 2010, while searching Šćepo out the premise where they didconveyer Zdravko Marković, Igor 20 more conveyers held him naked among other prisoners, between December safeguards Drljević, that Vesko her Bauković, told Dejo Nikezić Pavicević, visit, the During 2010. 15, January 50 of beatings; Vijesti, Hunger strikeinZIKS,January 28,2010 49 officer. 48 prison an by beaten 47 was Nikšić from M.Z. prisoner that Polje Bijelo ZIKS, tendentiouslyandinnonobjective manner. of affairs of legal in doubts cause to wanted media some cases that day,said same and constant of committed ZIKS. of prisoners because over officers by treatment ZIKS, degrading in and inhuman strike torture, hunger violation, on were prisoners 100 incident. this with ZIKS of Director Management ofZIKSdementedthesestatements. Radović, Radović, Milan Miraš justice, introduced of Minister Mrvaljević Jelena and Irena ZIKS. in safeguards by beaten was Željko that 2010 18, January on researcher YIHR told Mrvaljević course. in is process The Montenegro. of Code Criminal the of ZIKS, for committing criminal offense violation and torture, from 167 Article inemployees all were who Šćepo, Bauković,Ivančević,Dejannamed conveyer

Reactions ofZIKSonJanuary 28,2010;Dan, It isnotaprison,buthotel Pobjeda, Prisoners claimthatsafeguards are beatingthemup;Dan, Prisoners strike because Copiesofapplicationsfrom January 18,2010are in YIHR files Ibid inprison fromOnthe Mayprisoner by 2010, a informed 4, was YIHR than more that informed Podgorica in media 2010, 28, January On Jelena mother his and Mrvaljević, Željko of wife Mrvaljević, Irena 47 YIHR introduced Milan Radović, Director of ZIKS, Miraš Radović, 49 aaeet f IS eetd hs saeet the statements these demented ZIKS of Management

48 On On informed Ombudsman on these statements and required urgent control of of control urgent required and YIHR case. statements the these report to on not family to Ombudsman his of According informed incident members body. the and cover his to M.Z. over intended pressuring prison all by the of inflicted management were statements, body very injuries and the neck his incident over that truncheon a in and and fist a with beaten was M.Z. Prisoner detainees. YIHR initiated the procedure of control of these statements, statements, these of control of procedure the tortured ZIKS of initiated officers where YIHR Polje, Bijelo detainees. in prison in happened incident the of termination proposing himself, of care take punishment. to been able had prison, not in was doctor nobody the he that from he saying and document a said alone received Marović eat Marović not ZIKS. Namely, in him could ZIKS. feeding he in thus had person, he disabled problems was resolve to him help to five months,according toamnestyprescribed by law. to six from punishment his reduced court the and KBC Perakin to treatment ZIKS report to ZIKS saying of that Perakjustice. did not need clinic of treatment. ZIKS provided Ministry suspension to required requirement also added the that the doctors at Perak the Clinic center (KBC) of Montenegro sent the sent that ZIKS that and researcher sentence YIHR his requirement told his However, ZIKS ZIKS. in rejected. exist was not did treatment his for conditions inadequate of because strike treatment. hunger Perak said he had required started his punishment to had be suspended, becausehe YIHR to reported ZIKS, in expectations. their Radović, satisfied Milan which adopted, prison. was in conditions better not and Director of did ZIKS said that prisoners were not they striking because amnesty Law on amnesty on because strike promises hunger on fulfill were they saying station, TV this ZIKS in called prisoners that information July, 2010, in published IN TV others. than to close were who prisoners, powerthe of top the judiciary,or some released frombe earlier prisonto much used that phone the over them stated told Media them. of prisoners all that towards treatment equal and procedures court shorter required Prisoners Polje. Bijelo in prison in hunger strike on were prisoners that added and him. him, towards beating correctly and acting were torturing officers prison been had nobody them 2010 told 10, May on who M.Z. prisoner with conversation had Office Ombudsman’s of these statements. Office of Ombudsman acted after the report. Representatives In December 2010, YIHR received anonymous report stating that the that stating report anonymous received YIHR 2010, December In media via justice, of Minister Radović, Miraš invited Marović Igor Predrag Perak from Bar, who is serving six months imprisonment sentence hundred nearly 2010, July, in statements media some to According

IV TORTURE 37 38 IV TORTURE h icdn hd apnd ewe to eane, amn vk ad Edin and Zvrko Murić, Jasmin while Damir detainees, Martinović two tried to between separate them. happened They had were all incident Murić in the the Edin same and Kolić, Enis Zvrko, Jasmin were violated. Management of the prison negated these that statements, saying that reported unidentified, stay to saying that violations happened in prison in Bijelo Polje. A person, who wanted persons. sentenced mentioned to talk to violations. and prison this visit to reported require shall them YIHR period, of following the None In them. with conversations had officers police which when he made digging the wall. occurred These persons wall,received the ex in officio injury space lawyers whileopen the the through crawl to that person the prevent said to tried they ZIKS of Representatives person. sentenced These escape. to documentation tried medical persons into insight the had YIHR sentenced and doctor prison two by examined in were persons that two happened and Polje incident the Bijelo organizations. that in YIHR two prison told ZIKS these of among representatives cooperation Competent on agreement to according 51 by doctor specialist and they also said that his further treatment would depend (KBC)Montenegro of Center Clinic the Popovićat of examination approved Representatives visited. also they Management the Afterwards, ZIKS. whom of Management to spoke Ombudsman of hunger, Popović’s of occasion of that the on Office and announced, of previously not Radule Representativeswas which help ZIKS, ZIKS. to visit to of organized Ombudsman out capacities treatment have adequate not needed does he hospital prison family Popović’s to Accordingmembers, negative. they was ZIKS recommendation said of because Director justice by sentence, of of provided Ministry termination not for were sentence. application they of rejected added it had and that termination case said this approve on ZIKS to decide of to competent justice Management of family. Minister his to up said was ZIKS, of receive to out order in sentence treatment of a termination requiring 2010, December in strike above the incident this of research to 2011. in reconciliation continue even will to YIHR ZIKS. due stated initiated persons, not mentioned was procedure Disciplinary but abrasion skin as such incident. this in injury, react not did officers Prisoninjured. not were minor two remaining got person one incident, this In room.

There was also one more report, which arrived on December 17, 2010,17, December on arrived which morereport, one also Therewas Copiesofmedical documentationofthesetwo personsare in YIHR files hunger started ZIKS, in sentence a serving is who Popović, Radule 51 which stated injuries such as skin abrasions of one of abrasions skin as such injuries stated which

on whetherhewouldneedatreatment atthehospital. decideDoctors of Chamber the until ZIKS in returned afterwards was he but on analysis. On December 29, 2010, Popović was examined by doctor in KBC

IV TORTURE 39

poet. oe lvl f omncto aog oiia opnns a been has opponents political registered. Violentwereincidents overviolation reportedand Montenegrin property among communication of level Lower opponents. V Politically motivated violence analysts, national resources were used in the campaign and political entities, who entities, participate in elections, do not political provide solutions of the and problems but emphasize their campaign the in used were resources national analysts, of criminal political of statements to According number filed. was opponents Specific political between charges campaign. the during opponents communication political of level between lower and assaults and incidents motivated politically of not monitored by local or by international observers. YIHR registered larger number and order public peace andpronounced 400EURfine. on Law of 1, Paragraph 7, Article from misdemeanor for guilty Mugosa declared misdemeanor for unit duty.Regional on were there while assault for him accused DailyVijesti of journalists when 2009, 5, August on happened had Miomir Mugoša, Mayor of Podgorica, as guilty for his involvement in incident which stones, outofwhichonestayed atthevehicle. Crnojevac and identified been not believed that the situation have would stay the same. Committers act broke glasses using three this of committers nowadays, Until vehicle. his on assault reported Crnojevac after hours two scene the at arrived police the that researcher YIHR told Crnojevac mirror. rearview the as just broken, were on Podgorica in faculties Technical near February 27, 2010. The vehicle parking had Croatian register plates and glasses the on the vehicle at damaged was MENSA, Podgorica in pronounced 900EURfinefor misdemeanorNenad Mićunović fortheassaulton Medojević. for Court Medojević. the attacking recorded man boutique a nearby showing the video of Camera peace. and order public on Law of violation as but act criminal as assault this assess not did Office ProsecutionPublic years. for Europe to America South from cocaine smuggling been had who cartel, hiding Darko Šarić, who is suspected by Serbian authorities as the first man of drug- been has Montenegrowho in man powerful most the Mićunovićwas Branislav that controversial businessman from Budva, attacked Medojević. Medojević said publicly changes (PzP) was attacked. Nenad Mićunović, close relative to Branislav Mićunović, oftwoOrthodox churchesamong supporters isstillpresent. Intolerance sides. both of territory the at with, dealing were citizens Croatian and YIHR registered enlarged number of cases of assaults and pressures on political Local elections took place on May 23, 2010 in 14 municipalities. Elections were Podgoricain misdemeanor for Regionalunit 2010, declaredJanuaryOn25, A vehicle of Igor Hrvoje Crnojevac, Deputy President of Croatian Association for Movement of President Medojević, Nebojša 2010, 25, February On

V POLITICALLY MOTIVATED VIOLENCE 41 42 V POLITICALLY MOTIVATED VIOLENCE Office in Plav against Husnija and Vehbija Sabovic for reasonble doubts they had they doubts reasonble for Sabovic and Vehbija Husnija against Plav in Office election. Electoral commissionrejected allappealsDPSfiledin Pljevlja. of because doubts in regularity of boards,elections in Pljevlja, accusing them for falsifying results of the electoral of Presidents 20 and Pljevlja in commission electoral PresidentBajić,Municipal Božidar of against commission electoral to appeal lodged member of the Board, Milan Kastratović, put a high political pressure on them. DPS the the that indicated they when 2010, on 21, May on appearance public their of occasion responsibility disciplinary at Preradović) Mihailo and Cmiljanić, Dobrilo Coal the of mine workers – managers of (Dragiša Spajić,invitation Radoje ordering Zuković, Nolefor Stevanović, him high Rajko Draškovic,accusing and DPS, Pljevlja of in functionary Mine Coal the of Directors of Board of President Bošković, Montenegro”, against Predragbetter charge Pljevlja, criminal “Better filed Coalition punk”. “street was he Đukanović told Medojević while blabbermouth” “local he was PzP of President Medojević, Nebojša told DPS, of President the and Minister was used during campaign. As the example, we mention that Milo Đukanovic, Prime role in resolving problems. Lower level of communication among political opponents material damage was high. Police has conducted investigation of the incident but until nowadays committersand motifs have notbeenidentified yet. incident the of investigation conducted has Police high. was damage material but persons injured no were There Podgorica. near Golubovci, in 2010 1, May on and Željko Vuković, Secretary forlocalself-government. the follow up of the incident which had happened in traffic between Milan Knežević fight. As media from Podgorica published, the incident was not of political nature but of minutes followed by pushing and other councilors prevented it to become physical Assembly of the Capital City Podgorica on April 16, 2010. Incident lasted for couple the at People’shappened Democratic (DPS) of Party councilor Lakušić, Zoran and did notpresent solutions,BosniakParty said. Misdemeanor procedure has been conducted against both Sabovic but the procedure Office Prosecution that researcher YIHR PartyHusnijathe byagainst and submitted Vehbija charge criminal rejected told Sabovi. Party Bosniak glass. a car broke one they one and cursing and threatening sticks participants, the them with breaking hit flags, and flags, Bosnika of teraing started and colon teh stopped Sabovic Party. Colon of cars had Bosnika flags. When they arrived in place Martinovici, both p.m., organized group of cars and set out to Gusinje, for division organizing promotion of Bosniak hatred, and religious intolerance as co-perpetrators. Criminal charge stated that on national May 21, 2010 at 18:00 causing offense criminla committed On May 28, 2010 Bosniak Party filed criminal charge to Basic Prosecution Basic to charge criminal filed Party Bosniak 2010 28, May On Explosive device was thrown at the house of DPS councilor Dušan Đuretić Dušan councilor DPS of house the at thrown was device Explosive PeopleSocialist in Partycouncilor (SNP) Kneževic, Milan between Incident announced criminalchargesagainstSNP. and claims these rejected rivijera Ulcinjska Directorof Zec, Mikan DPS. for vote to elections, local during employees on pressure making for 2010, 15, April on rivijera and saidthat decisiononannualleaves didnot have political background. arrive from annual leave. President of municipality Šavnik demented these statements elections for ruling coalition DPS-SDP and added they would be dismissed when they require it. They think they were sent to annual leave because they did not vote at local their jobs because they had received decisions on annual leave, although they did not and SDP. Six employed persons in municipality Šavnik said they were afraid DPS of losing to support political their to according employed, were but the competition, open by required qualifications have not did candidates other of number large that said Bogavac Serbian. as himself declared Bogavac because him employed not had he adding competition, open issuing after discrimination political committed had DirectorManagementof forestsfor Pljevlja. Namely, Bogavac Šućuraccused he that of MrsBoričić. DPS and SDP list. Director Safet Lješnjanin negated for daily DAN such statements receivedfromemployhad ordersthree persons to he employed that not and was she center,Healthcare her the Mondayat Directortold Lješnjaninon arrived she when center to come there on Monday, May 10, 2010, in order to do internship. However, care Health the from call a received had she Namely,employment.that said Boričić of process the during discrimination political for Gusinje, in center care Health of tosociallyendangeredproperties thematelections. citizens whosupport they vote for DPS. Also, SDP and Bosniak Party (BS) accused DPS for providing free financial support, saying that their families wouldreceive stay without such socialwho aid, unless citizens, among fear spreading was DPS that indicated SDP DPS. for vote to citizens pressing for Rožaje in DPS accused level national at party ruling the within party smaller Also, statements. these demented Kalač Nusret opposition. in Šutković, who works as a teacher, that he would lose his job because of his engagement municipality Rožaje for threatening to leader of their list in that municipality, Kadaif Bijelo of citizens blackmailing Polje to vote for their at party local elections. PzP accused Nusret and Kalač, President of pressure exercising for 2010, 6, May on DPS Montenegro”“Better Coalition DPS. accused for vote to readywere who citizens to the example, where, as PzP claimed, Court for misdemeanor issued 30 EUR coupons votes in towns where local elections took place. Municipality Rožaje was mentioned as Movement for charges (PzP) accused ruling parties DPS and SDP for buying Ulcinjska company the of management Dailyaccused As SNP Vijestiwrote, Milorad Bogavac from Kolašin filed criminal charge against Radoš Šućur, Radoš against charge criminal filed Kolašin from Bogavac Milorad Nataša Boričić, medical nurse from Gusinje, accused Safet Lješnjanin, Director

V POLITICALLY MOTIVATED VIOLENCE 43 44 V POLITICALLY MOTIVATED VIOLENCE h pt h vdo f h wdig f uiesa Sft ai fo Ržj, at Rožaje, from Kalić Safet businessman of wedding the of video the put who DPS list. at was representative their because manner, this in Roma attacked Medojević that center, in Vrela Ribnička, where members of that gang recruit. Roma Council thinks and had direct connections with Italian and crime Kosovo organized mafia,with anddealing was thatwhich theregang wasRoma alarge recruit of leader a was list, DPS at was who Konik, from Roma PzP,that of Presidentsaid Medojević, Nebojša who and baseless. that and function, incorrect were reasons, political for replaced judge was she Simonović’ssaying statements, of performing on unprofessional complaints and citizens’ unconscientious after her initiated was Simonović against procedure the that said VesnaMedenica suitable. politically not were family her and she because only replaced was she researcher YIHR told Simonović Ljiljana reasons. replaced political for she her that 2010, 23, April on Montenegro, of court Supreme of President of Civil Rights Defenders sent open letter to Prime Minister Milo Đukanović and Đukanović Milo Minister Prime to letter open sent Defenders Rights Civil of Director Hardh, Robert Komnenić. journalist and Bajčeta activist their of hearing conducted on Montenegro in ambassadors informed had MANS crime. against organized fight in results concrete provide to institutions from requiring journalists, MANS assessed that these acts as the form of intimidating and silencing activists and of Assembly the at Parliamentary expressed Board, he on the judgments occasion of process video material to of Safet and Kalić’s arguments wedding. provide NGO to DirectoratePolice of Director invited MANS of Director Executive VanjaĆalović, be. might that who out Police find the to while Prosecution tries (ANB), and Office security national for Agency of functionaries violated which Kalić’swedding, Safet of material video constructed cruelly someone that answered Directorate Police of VeselinMANS. Veljović,NGO Director Veselinfrom and Bajčeta KomnenićPetar journalist interrogatedPolice the why asked VasilijeLalošević MP 2010, 1, July on place took which defense, and security for Board Parliamentary of Assembly the (ANB). At security national for Agency of functionaries were wedding the at milieu, crime the from people Among video. the of content the investigate and research to that for Prosecution Office was more important to know who published the video nor said Komnenić Journalist activist. MANS NGO VeselinBajčeta, and Vijesti TV of Prosecution Office’s order, Police Directorate interrogated Petar Komnenić, journalist with crime and dealing cooperation with Darko for Šarić, for whom media Interpol issued the warrant. and After politicians national by suspected was YouTube. Kalić Public Prosecution Office started investigation with the aim to findout to aim the with investigation started Office Prosecution Public of statements accused Montenegro of Council Roma 2010, 18, May On Ljiljana Simonović, judge at Basic court in Kolašin, accused Vesna Medenica, presence on Safet Kalić’s wedding in professional or private purpose, MANS lodged MANS purpose, private Kalić’sor Safet professional on in presence wedding Lazović’s Zoran officer ANB on information to access MANS prohibited ANB that Considering in Montenegro. crime organized and corruption against fight criticized who ones the on pressure the represented behavior of manner such that Bajčeta, sayingand and Komnenić of hearing for concern expressing Brajović, Ivan Minister affairs ANB is competent for. After that, MANS submitted 41 request to ANB, in ANB, to request 41 submitted MANS that, After for. competent is ANB affairs of data ANB collected on management of MANS might endanger execution of some saying they could not allow 2010, them 23, access July on to ANB required from reply documentation on received because They society publishing structures. civil security Montenegrin of structures and entities, political media, some of harangue a for Veselinof Veljović,statement the Director after of Policerequest Directorate, this that specificinitiated events wereMANS real occasion citizens. its and country the of interests against work to structures, or services intelligence foreign by engaged were MANS of representatives that conclusion a to them direct might which have, they Bajčeta, and Zorica Ćeranić sent to ANB official request for access to all information Radoslav Stanišić fortheattackonMedojević’s son. pronouncedbrothers against sentence imprisonment months eight court Vidojeand Medojević’son The attackers son. against behavior violent for indictment presented Office Prosecution Police. the of investigations new require to Office Prosecution ANB representatives and the Police with organized crime. Medojević demanded from threatening message so he could a stop indicating was publicly on that relations said between specific Medojević findings. and doubts his ensure Prosecutor,to Supreme Čarapić, Ranka from required and son, his on attack the for Z.L. and D.G. officers, ANB two accused Medojević Nebojšaleader. PzP of son a was boy the that know not did suspects because background, political have not did incident the that stated for suspicion they had committed criminal offense violent behavior. Police Directorate law”. Police in Podgorica arrested V.S. (22), S.S. (19), and D.K. (19) from Podgorica, a “was attack of daresrequire who to rule of establishing everybody to organizedcrime of message the that said MANS, of Director Executive Ćalović, Vanja (ANB). NationalSecurityfor Agency and police the of part criminal of message the was son while he was playing basketball with his friend. Medojević said that the attack on his interesting forsecuritypurposes. relations ANB’s in were that mentioned persons and ANB of officials privatehigh between as reports were there whether know to citizens of interest the in was it that said MANS of Representatives limited. was ANB of data private to access the that MANS’s explanation rejected with court appeal The court. Administrative to appeal Activists of NGO MANS, Vanja Ćalović, Dejan Milovac, Vuk Maraš, Veselin Teenage son of Nebojša Medojević, PzP leader, was attacked on June 25, 2010,

V POLITICALLY MOTIVATED VIOLENCE 45 46 V POLITICALLY MOTIVATED VIOLENCE information on involvement of Boris Tadić’s cabinet in Montenegrin policy, from policy, Montenegrin in Tadić’sBoris cabinet of involvement on information receivedhad he that campaign, the Primeduring Montenegrosaid, Ministerof who Đukanović, Milo of statements were Democracy Serbian and ensure New of reactions caused responsibility assume which Circumstances politicians. should opposition wiretaps Police Montenegrin affairs, whether internal of Minister Brajović, for expressing baselessassessmentsandforleadingcampaignagainstANB. oversurveillance work of civil sector and accused Vanja Ćalović, Director of MANS, organization in Montenegro. anticorruption partner ANB said they did not conduct European their was the who MANS organization nongovernmental from of activists protect requiredto Union Miklos International, sector. Transparency nongovernmental of Director of Marshall, representatives over surveillance ANB’s on Director of ANB, and Veselin Marković, Veljović,Duško of hearing Director saying conduct of should Police initiative security Directorate,for Boardafter submitted Parliamentary statements that MPs Opposition possible. if documentation, their to access them provide to and them about files secret had Agency this whether them the name of Montenegrin MPs, journalists and other members of MANS, to inform ttmn ws ugd y ia Vsoi, rsdn o Dmcay omnt of community Democracy of Veljović’s President Vesković, threats. Rifat direct by as judged statements was statement such accepted had he Montenegro, said of Party Kalač, Bosniak Hasbija of Representative idea. that have who those of all Veljović, Director of Police Directorate, said he would follow and eventually sanction they would require higher level of autonomy of Sandžak, media published that Veselin statements maydamagehonoranddignityofmembers ofBoard oftheAgency”. of chief in Vijesti editor “because they and knew or director they against mush have charges known that criminal publication of filed incriminated Agency the of Board EUR”. millions of hundreds for enterprise, Electric and country the damaged they electricity, that of price the defining by citizens robs Agency the of “theBoard that said who Radulović of claims public and dignity and honor of violation for charge in Chief of Vijesti, published media on September 23, 2010. The Board filed criminal Radulović, PzP MP, Željko Ivanović, Director of Vijesti, and Ljubiša Mitrović, Editor of formerPrime Minister, Milo Đukanović, whoalsohasshares inFirst bank. money laundering. Majority shareholder of the First bank is Aco Đukanović, brother crime organized in involved was bank First the that said Medojević because that do would they said Management PzP.the of As President Medojević, Nebojša against competent securitystructures ofMontenegro. pksa o Nw eba Dmcay Jvn uuoi si ta Ivan that said Vučurović Jovan Democracy, Serbian New of Spokesman After announcements of Bosniak political leaders from Serbia and Montenegro, Branko against charge criminal filed energy for Agency Regulatory of Board On July 22, 2010, Management of the First bank said they should file charges iuto ws osdrd t h cleim meig n ta nbd mentioned nobody that and Bosniaks. meeting collegiums the at considered was security situation that added and population, Bosniak towards directed not were expressed of the statement. Representatives of the Police Directorate said that standpoints they Rastoder,MuslimRifat while Bosniaks, SDP, Vicepresidentof required explanation October 18,2010,theylosttheirjobs. for the sake of toy future.” Despite this, they both voted on elections and on Monday, elections on vote to not two you for good be would it that you told he and boss the chief, Milorad Kandić called them both and told them: “You two have greetings from place on October 17, 2010 in Zeta. Miloš Bašanović told YIHR researcher that their took which elections local on voted they because them, “Genex”firing company for protect to institutions public Pejovic. from required and behavior a such judged persons public and NGOs More acts. these of committers the were who out found not has Police The Pejovic’s Slobodan vehicle. damaging of time fifth the was That vehicle. his of glass November,In a broke 2010. committers in unidentified continued were this incident. or international organization. Ranko Krivokapić, President of the Parliament judged country foreign of reputation of violation of act criminal the for suspected been has who person this committerswho against filed were identified charges Criminal act. Police this done had The he admitted 2010. – 31, 30 on October night, at fired committers were notidentified. forfour hadhappened it the to nowadays, this until but also reported Police Council The 2010. during times that said Council The premises. their from stolen been io Bšnvć n Dvr tnć cue mngmn o te private the of management accused Stanić Davor and Bašanović Miloš SlobodanPejovic deportation, of witness key the of property the on Assaults was Cetinje in museum Ethnographic of building the at placed flag Serbian had flag that 2010, during times several reported council national Serbian

V POLITICALLY MOTIVATED VIOLENCE 47

not financially able to pay costs of resolving legal issues, including costs. court In the VI Free legalaid evidence of their property state. YIHR also emphasizes that free legal aid should be should aid legal free that emphasizes also YIHR state. property their of evidence situation when they need legal aid for fulfilling in application and collection of documents as the be may citizens Thus, complicated. and rigorous too are aid legal free receiving for fulfill should citizens procedures and conditions to due Law of version WorkYIHR of remark more one is there Also, excluded. be aid legal free providing of field the in competition health of possibility the would where lawyers of position Taking this into consideration, there is also open possibility for creation of monopoly lawyers who would not like to provide free legal aid because it might be unprofitable. not be of number large in result may would which budget, the from that manner this in approachable tariffs, layers high consideration into taking citizens, to type aid this providing of for basis voluntary on were and affair, this with work their in dealing were organizations these nowadays, Until excluded. automatically be shall political organizations, nongovernmental citizens, to accessible more are which organizations, other and unions, trade parties, institutions, educational and science, professional, manner, that In activity. this with deal shall aid, legal free for providing lawyers of register in enrolled lawyers, part registered only the that says towards Law directed the where were version work on YIHR of recommendations Comments Podgorica.and in 2010, 7, May on place took version work the of debate public first The Montenegro. in Europe of Council and Montenegro, in (UNDP) Program Development Nations United of Office of of support justice the with of Montenegro, Ministry by initiated was which course, in is aid legal free on Law of development mentioned, already we As not sector. NGO does of recommendations Law contain of Bill information, YIHR to According processing. further on aid Government Commission for political system, to internal and foreign policy,submitted Billjustice of Law on free of legal Ministry 2010, is 24, aid December legal On course. free in on Law of Development Montenegro. of in decision system aid no institutionalized legal making free providing is bodies There interests. other legal and and obligations, rights, bodies, on public court, before representation form the letters, in composing in aid legal citizensadvices, legal information, legal general to providing of: provided is aid legal Free groups. marginalized other and discrimination, of victims violence, motivated politically of cases torture, police of victims violence, of victims are who women population, Roma of representatives to aid legal providingfree to devoted is attention special program, mentioned of frame Free legal aid is the system of providing free legal aid to individuals who are who individuals to aid legal freeproviding of system the is aid Freelegal

VI FREE LEGAL AID 49 50 VI FREE LEGAL AID Montenegro, and Council of Europe in Montenegro. Recommendation of experts experts of Recommendation Montenegro. in Europe of Council and Montenegro, in Office UNDP Montenegro, of justice of Ministry with jointly organizers, of one public fourth 2010, debate on 17, work version of JuneLaw on Free OnLegal Aid took Polje.place in Podgorica. Bijelo YIHR was in 2010 19, May on and Kotor in 2012. – 2007 implementation Actionfor and plan Strategy the and froreformjudiciary of 2012, – 2008 period the for UnionEuropean the in Montenegro of integration for offundsfrom thelottery.part the with enlarged be should that aid, legal free of Fund form should discrimination of prohibition on Law by provided punishments that proposed been has it because freedoms, and on rights human Protectorof Law on Law and discrimination with of prohibition jointly adopted be should law the that was law, the of development in issues financial of facilitating to serves which proposal, YIHR procedure. the for with possibility for the ones who have higher incomes to partially participate in costs ones, poorest the to only not and incomes lower have who citizens all to provided did notmention inotherareas ofthisreport: provided and we represented tencasesbefore thecourt. was advices legal free of number large aid, legal free providing started YIHR Since aid. legal freereceive violations rights manner,human this of in victims and opened was line phone SOS Also, violations. rights human of cases in groups marginalized area. this in quality better a of decisions adopting for reason more one is which citizens, be adoptedduring2011. should Government,Law representativesthe the some of of statements accordingto of current functioningoftheLawinregion. be should Law the of modified, which wouldBill avoid mistakes and failuresor that were noticed,that on the grounds conclude may we countries, regional in Law of functioning former on meeting the at participants of knowledge and standpoints, region”.experiences, the exchangingfrom After experiences – aid “Freelegal named Law were presented publicdebate. atthefourth the of versionWork of sensitivity gender of analysis and Europe, of Council from Two Public debates on Work version of the Law, took place on May 17, 2010 program National Constitution, the by prescribed is Law this of Adoption Below is short description of cases YIHR represented before courts, which we to aid legal free providing started YIHR 2009, of beginning the Since of situation social with proportional not are Montenegro in tariffs Lawyers’ Governmentand, the of procedure the in is Aid FreeLegal on Law of Draft Becici in meeting regional organized YIHR 2010, -3, 1 October From officers did not act according to law and did not respect rules of police procedure. police of rules respect not did and law to according act not did officers Police police that claimed curves.Kočan blind was on he claimed overtaking officers and wife them. stopped his police Montenegro,the of north the to with south from road the On son. vehicle the in was He 2009. 3, September on YIHR to torture Kocan Fehmo of Case human rights. for court European to sent was application 2009, 5, SeptemberMontenegro. On of On 2010. November 9, 12, 2010, for the November lawyer rendered on requirement constitutional appeal ZIKS to Constitutional new court of submitted officers against we investigation reason of that conduction for and 2010 19, October on it Azra lawyer, rejected office and Prosecution Podgorica, in Danilovgrad Office Prosecution Public in Basic to Jasavic court Basic by submitted charge criminal upon Acting new Podgorica. in court Constitutional to 2010 9, November on appeal by Higher court in Danilovgrad. After that, Igor Milić timely submitted constitutional procedure. Higher court rejected Milić’s appeal on Decision, made on April 22, 2010 of case Igor Milić submitted to Basic Public documentation Prosecution Office inentire Podgorica on further also and 2010, 10, May on appeal lodged lawyerMilic’s submitted to Basic Public Prosecutor on further procedure. On mentioned Decision, 2010, submitted by Igor Milic should be considered as criminal charge and should be 21, February on investigation conducting for requirement the that saying 2010, 22, April from Decision made Danilovgrad in court Basic requirementinvestigation, conducting for the as treated was that 2010 21, February from indictment of bill to Prosecutor.AccordingPublic Basic by made 2010, 12, February from Decision by D-2’, room the of called ‘searching so in participated had who officers as appointed Igor Milić submitted bill of indictment against all officers of ZIKS in Spuž, who were Paragraph 2 of the Criminal Code of Montenegro. After this, on February 23, 2010, to related 3, Paragraph 167, Article from torture and violation act, criminal the for November 9, 2009, against officers of ZIKS, Igor Marković, and Radovan Todorović, from Podgorica rejected criminal charge of Milijana Milić, mother of Igor Milić, from Case of Igor Milić Decision ofthesecondinstanceisbeingexpected. 2009. 10, September on Council Misdemeanor the to appeal an lodged Kočan by been delivered has guilty.authorized pronounced lawyer was KočanYIHR and 2009, 8, September on firstinstance of Judgment security. traffic on Law of basis on the Kočan against initiated been has procedure misdemeanor reports, police After – Decision made on February 12, 2010 by Basic Public Prosecutor Ctzn f ra Bian Fho oa rpre police reported Kočan Fehmo Britain, Great of Citizen -

VI FREE LEGAL AID 51 52 VI FREE LEGAL AID Prosecution office rejected the criminal very chargePodgorica, on October 19, 2010. After that, in Prosecutor Public Basic to Jasavić lawyer, and Danilovgrad in court Basic by submitted charge, criminal new upon Acting 2010. November9, on court 2010. Afterwards, 22, Dalibor NikezićApril timely from submitted constitutional Danilovgrad appeal in to Constitutional court Basic of Decision of on appeal Nikezić rejectedDalibor court Higher procedure. further on Prosecutor Public Basic to Nikezić Dalibor of case lodged of documentation entire also and lawyer 2010, 10, May on appeal Decision, mentioned On procedure. further on Prosecutor Public Basic to it submitting on and charge criminal the as Nikezić, Dalibor by submitted 2010, 21, February from investigation conducting for requirement the considering on 2010 22, April on Decision made Danilovgrad in court Basic investigation, of of bill upon Acting indictment from indictment. February of 21, bill 2010 that presented was Dalibor treated as 2010, the 23, requirement February for conduction on Afterwards, Code. Criminal the of 2 Paragraph Dalibor to related 3, Paragraph 167, Article from violating of and torturing mother of acts criminal Nikezić, for ZIKS in Sabaedina officers against Nikezić, of charges criminal rejected Podgorica, Nikezić Dalibor of Case new criminalact foroneyearnew periodduringfinal verdict. execute not does he if force into put be not shall which sentence suspended moths three received he and license building without construction object for Montenegro of Code Criminal the of 326 Article from act criminal for 2010, 27, September on in guilty,pronounced court HePodgorica, was Basic of verdict case. final the the by at attorney defense his as YIHR of was representative legal Lukač authorized Adnan Lukač initiated. against building illegal of act criminal for 2007. procedure 23, Criminal November on Podgorica in court Basic of verdict the after damage the compensate to obliged was and was sentence imprisonment Inspector months three apartment. to sentenced the in things or persons were there whether previously demolition for order issued Inspector service. in official against charge criminal - Lukač Adnan of Case for European forhumanrightsinStrasbourg. court appeal to constitutional Constitutional court of Montenegro.submitted Currently,lawyer YIHR 2010, prepares application 9, November On 2010. 12, November on we requirement submitted new for conducting investigation against officers of ZIKS Adnan Lukač is disabled person from Podgorica. He filed He Podgorica. from person disabled is Lukač Adnan Fo Fbur 1, 00 Bsc ulc rsctr in Prosecutor Public Basic 2010, 12, February From –

person – inspector, because of unconscientious work unconscientious of inspector,because – person

of Lukač’sof checking not apartment,

acquittal verdict has been delivered on June 5, 2007. Criminal procedure that was that procedure Criminal 2007. 5, June on delivered been has verdict acquittal In misdemeanor procedure, initiated by the Police against Lješanin as accused person, 1, 2009 to Higher court in Bijelo Polje. Appeal was rejected on November 19, 2009. for torture. Basic Case of Faruk Lješanin - suspended sentence. Lodged law-suit was rejected by Higher court in Podgorica,on in court Higher by rejected was law-suit Lodged sentence. suspended received and guilty pronounced was Alković 2010, 24, Basic April Podgoricaon in of court verdict By wiretapping. and recording camera unauthorized act criminal for StrugarĐorđije by Alković against law-suit private after initiated was procedure Criminal 2010. 9, November on Strasbourg to sent was application the and 2010, July19, on lodged was appeal Constitutional 2010. 31, May on rejected was appeal The Appellateto court. lodged was Marchappeal on 2010, that, 26, after and 2010. 17, March on request the rejected Podgorica in court Higher 2009. 14, December on investigation conducting for request the submitted Lawyer 2009. November24, of Montenegro. Higher Public Prosecutor rejected the charge after Decision made on with criminal offense of racial and other types of discrimination of and division, hatred, religious racial, national, provoking criminal charge to Higher Public Prosecutor in Podgorica threats they shall kill and cut Muslim curse and off end on religious basis, songs national Serbian loud fromEvents,neighbors. Case of Rizo Alković - damage isincourse. The imprisonment. months six to for Montenegro, of Code Vladan Stanojević was - Ramović Behija of Case YIHR lawyer represented V.G. final. not is verdict The 2008. 30, December on imprisonment months 18 almost was Cigrovski V.G.- of Case authorized YIHR lawyer whorepresented himasdamagedperson. Plav,in Basiccourt of Decision Juneon LješaninFor cases, 2007. 11, threecourt all initiated by policemen against Lješanin, for criminal act offending, was terminated by Adolescent girl V.G. reported sexual harassment. Accused Vladimir Accused harassment. sexual V.G.reported girl Adolescent

court court in Plav ruled acquittal judgment. YIHR lodged appeal on July

three years in escape. After apprehension he was sentenced to sentenced was he apprehension After escape. in years three

pronounced guilty on the basis of Article 167 of the Criminal Constant provocations on religious and national basis coming

such as ‘shootingas such window,to close overall bullets street,the Faruk Lješanin from Plav filed charge against police officers

otr ad ilto. ai cut etne Stanojević sentenced court Basic violation. and torture Behija Ramović was damaged person in the case where case the in person damaged was Ramović Behija

even on Bayram, instructing children and husbands to husbands and children instructing Bayram, on even

stories on sharpening sabers, axes, and sickles and

procedure for compensation of non-pecuniary non-pecuniary of compensation for procedure or Turkish’. On November 18, 2009, YIHR filed

against several persons, for intolerance in accordance in intolerance

the Criminal Code

VI FREE LEGAL AID 53 54 VI FREE LEGAL AID writes application to Court for human rights in Strasbourg and it shall be sent in sent January 2011. be shall it and Strasbourg in rights human for Court to application writes YIHR 2010. 15, December on filed was appeal Constitutional 2010. 15, October

right to expression may be limited only by the right of others to dignity,to reputation others of right the by only limited be may expression to right Constitution, the manner.to Accordingother any in or image, writings, speech, by VII Freedom ofexpression were rendered for damages, and incidents which still endanger freedom of expression fines high with verdictsBar. Stojović2010, from Mladen Evenin and Berane, from journalists Tufikon assaults resolvedSoftić even not Policehas assault. the of target the JevremSrdjanwas writer Brković,of Vojicićwho murder of driver of a was case who the was nor yet, resolved been not has Jovanović Duško Dan, of daily murder of of Editor Case journalists. on assaults and murders of cases resolved not still have institutions competent However,Public level. 2010. satisfying at in not is journalists expression of freedom against defamation for complaints upon verdicts would have tosufferhigherlevel ofcriticism. who functionaries public and politicians of complaints after earlier EUR 20.000 to pronouncedup of fines courts that account into taken if important especially is This journalists. and media of existence and futurefunctioning issue in bring to not as so solvency and standards economic to proportional be to have defamation of acts for fines that providing recommendations and standards European with accordance in not is which prescribed, be shall EUR 14.000 of fine a which for defamation of act international in contained been have documents onhumanrightsandfreedoms. that standards of level the at informing of censorship of media shall be prohibited and that Montenegro shall guarantee freedom criticism ratherthanothercitizens. of level higher suffer to have functions, public executing others and politicians that practice in provided rights human for judiciary. court Europeanof impartiality and revealing of information received in confidence or for the sake of preserving authority protection of health or crime, or moral, violence protection preventing of of security,sake right the or national security,for reputationpublic of or of integrity interest others, territorial the for preventing in society democratic in right this of limitations important provides authority. Convention public The of involvement without ideas includes right this and information announcing and receiving opinion, which personal possessing of freedom upon everybody, for expression of freedom guarantees and honorifpublicmoralsecurityofMontenegro have beenendangered. Article Article 47 of the Constitution of Montenegro guarantees freedom of expression Although YIHR registered first positive signals, courts rendered acquittal rendered courts signals, positive first registered YIHR Although through expression of freedom the restricts Montenegro of Code Criminal the that and free, be shall media that defines Montenegro of media on Law freedoms and rights human of protection for Convention European

VII FREEDOM OF EXPRESSION 55 56 VII FREEDOM OF EXPRESSION execute his activities in foreign countries and that Kalić was marked in the action of action the in marked was Kalić that and countries foreign in activities his execute who documents, ANB and files as police Montenegrin mentioned in was person he interesting security that and arrested was Kalić that wrote she where Kalić arrested”, “Sajo 2008 21, August on text the writing after defamation accused for MuminovićKalić Kalić. Safet of appeals upon defamation for judgments after Vijesti inmurderwho participated ofJovanovic, jointlywithMandić. persons other identified not have still bodies public Competent 2004. 27, May on Jovanović, Editor of Daily DAN, to 18 years imprisonment. Jovanović was murdered Mandić of incidents registered YIHR disturbing thework ofjournalists. court. the before course in are journalists their and media three these against procedures 65 almost and fine EUR were 20.000 Monitor,to sentenced weekly and DAN Vijesti, dailies, 2010, to 2007 From expression. of freedom and media, journalists, of work the for verdicts limitation byearlier important represent defined were that requests financial high Also, registered. were Although the verdict was delivered on February 15, 2007, it was delivered at the at delivered was it 2007, 15, February on delivered was verdict the Although 2003. in Moldavia, from S.Č. of trafficking on texts writing after defamation, act Danilo Vuković, Deputy Editor in chief of DAN, was which pronounced by guilty for court criminal Basic of verdict the confirmed which Podgorica in court Higher of professional abused professional he dutyunconscientiously.position andperformed land, municipality selling of procedure the in that doubts reasonable for charge criminal submit would they announced MANS after 2010, Milo Janković, Mayor of Cetinje. Janković lodged appeal at the beginning of August, activist of NGO MANS of judgments for defamation after appeals had been lodged by in accordance withthereasons oftheverdict. not was court Basic verdictof presented because trial new on court Basic to case the returned court the Higher released. on was Muminović Kalić which after of court Basic appeal of verdict the adopting on Decision 2010, 13, September Podgorica on in made court Higher Kalić. of reputation and honor damage to intent with act not did she that hadjustified and true was she text the in stated she what that saying believe to reasons case, on Muminović’s decided court The Balkan. the on In the text, Muminović wrote that Kalić was marked as one of the major drug bosses Kalić included one more text from September 1, 2008, “Kalić free, tenants in Spuž”. appeal same the In Balkan. the on bosses drug major the of one as Serbia of Police Basic court in Podgorica acquitted Podgorica in court Basic Damir to punishment the endorsed Montenegro of court Supreme One more verdict arrived at the address of Podgoricaacquitted in court Basic 2010, 15, February On h ws etne a te oprertr n udr f orait Duško journalist of murder in co-perpetrator the as sentenced was who Jasmina MuminovićJasmina Daily news DAN. journalist of Daily of journalist Dejan Milovac, Dejan It was a verdict it also indicated on corruptive part of judiciary and double merits. Writing on the Writingon merits. double and judiciary of part corruptive on indicated also it on freedom or non-freedom of media at the of territory Montenegro. She added that Editor in Chief , Duško Jovanović, told YIHR researcher that this murderedMinister.PrimeĐukanovic, verdictJovanović,of Milo Slavica wife to pay was to has indicator address of DAN at the beginning of 2010. Court imposed 14.000 EUR fine which he a o poesoa dt, aig hts f rtss fo te ae itne s other distance as same professional protests, the from on duty, of photos takingwas claimingthatDecisionthe Regional of unitbasedfalsewasonarguments thatandhe duringprotestworkersthe“Ritamoftrade”of fromPodgorica. Pejovic lodgedappeal decision,judge explained that Pejovic misdemeanor this After Council for acts.disturbed the revoked bypolice wasofficers EUR, 500 acting pay in official to had capacity which decision, first Pejovic by The 2010. 22,April onsecondtime thedecision for peace.MiloradPopović,publicorderand on Misdemeanor Lawsuch ofmade judge to appeal lodge would Appellate ofMontenegro. court he announced Sadiković compensation. EUR 1 required Lazović claim, his In reputation. and honor of violation for pains mental suffering for damage no-pecuniary of Lazovićcompensation of for claim the adopting on and court Basic of verdict the changing on decided court Higher reputation. and honor of violation for ANB, of functionary High Lazović, Zoran of appeal upon released Podgorica changed the verdict of Basic by court which Sadikovic Sead Sadikovic was fromRožaje, Safet Kalić. providedYIHR Sadiković.freeto aid legal Higher in court businessman with friend a was Lazović that wrote Sadiković where Lim”, river the on “Columbia text for Sadiković accused Lazović security. national for Agency of functionary HighLazović, Zoran of appeals after defamation for 2010, 14, May on that Danilović wasstealingfrom Serbian nationalcouncil. claimed he which in statements his Vuksanovićafter accused democracy.Danilović for SerbianNewPresident of DeputyDanilović, Goran EUR to defamation, act criminal 3.000 the pay to had 2010, 22, February on Danilovgrad, in court Basic of appeal. court found that Andrijašević did not defame but offended Đurović, as mentioned in of Academy of Science and Art of Montenegro, who accused him for defamation. The historian said enoughonfreedom ofmediainMontenegro, saidSlavica Jovanovic. sanctioned, severely Parliamentbe Montenegrothe and of at epilogue its had which and writing, been has Europe entire the which on Montenegro, shook which affair Photoreporter Basic court released from punishment Momčilo Vuksanović, that 2010, 27, January on judgment Podgoricaa in pronounced court Basic Živko Andrijašević Boris Pejović Boris should pay 1.000 EUR to Momir Đurović, the President President of Serbian national council, after the verdict was again sentenced to 500 EUR fine for violation violation for fine EUR 500 to sentenced again was Sead Sadiković , journalist of Monitor,

VII FREEDOM OF EXPRESSION 57 58 VII FREEDOM OF EXPRESSION 22, 2009. Keković required from the court 15.000 EUR of non-pecuniary damage. non-pecuniary of EUR 15.000 court the from requiredKeković 2009. 22, February on SDB” of safe the in disappeared “Sapphire article the publishing after Philerme of Lady relicof Orthodoxfrom jewels stealing responsiblefor him making announced Daily DAN on May 10, 2010. Keković accused journalist Simonović for Simonović Budo criminal chargeagainstpoliceofficer Tajić.The processisincourse. Tajić apologized before the court. YIHR provided free legalnotallow aid tohim Pejovicto perform his andjournalist submittedactivities. Pejović withdrew appeals officer Zoranwhen officer incident,caused Tajić, the who as Pejović added that said. He Tajić did of barring by limitation. Before Basic court, Pejović initiatedfor moremisdemeanor acts he was charged appealsfor. Regional unit suspended againstthe procedure because police ofMisdemeanor council, because facts were falsely defined and there were no evidences of Pejovic was premature. Pejovic told new YIHRprocedures. researcher The explanation for that he unit saidhad that expected Regional the conclusion of such misdemeanor in Podgorica, on decisionon June 16, 2010, misdemeanorand returned Decision the case to Regional unit for revoked responsibility again council Misdemeanor photo-reporters. Koprivica started paying the fine six months ago. After the order of a judge of Basic of judge a of order the After ago. months six fine the paying started Koprivica in chief of newspapers from Nikšicć and Milorad Bošković, former Editor of Pobjeda. of Televisionchief in Editor Montenegro(RTCG),editor of Stojović, former Milan former Čolović, Božidar of appeals after salary his of half the with amount this pays EUR fine for inflicting mental suffering, seriously endangers his existence. Koprivica as theactofviolenceagainstfreedom ofmedia. organizations which expressed concern and assessed the act of non - issuing the license and reactions of USA Embassy and the Embassy of Germany, and more international 27, 2010. This reaction came after numerous requirements to competent public bodies ofBosnianMuslims.for deportation of Security Department in Ulcinj. Adrović wrote that Glendža was one of the suspects verdicts for defamation that was lodged against him by Sreten Glendža, former Head ofprocedurerules wascommittedandfalseimplementationofmateriallaw. Higher court for defining falsely and incompletely realistic state and that violation of of verdict acquittal on appeal lodged Keković of representative Legal rights. human added it was the freedom of expression in accordance with European Convention for appreciatedhad Simonovićof statements court the that emphasizing valuableas and Simonović journalist for acquittal of verdict confirmed Podgorica in court Higher ihr or i Pdoia ofre te cuta vrit tojournalist verdict acquittal the confirmed Podgorica in court Higher Verdicts against journalist After two years of waiting, acquitted Podgorica in court Basic upon appeals of Vladimir Keković, former functionary of SDB, of functionary former Keković, Vladimir of appeals upon Veseljko Koprivica TV TV station Vijesti Samir Adrović Samir received frequencies on January , who was sentenced to 23.000 , journalist of Vijesti, of Vijesti, of journalist , that the files of the Tribunal in Hague had names of 16 Montenegrin journalists, with publishing the information, in newspaper Liberal where his he without was Editor and in 2009, chief in knowledgeČolovic.Božidar of account the on paid was it Koprivica for accused was 3, 1994, September on Koprivica Veseljko of account the from in court Podgorica, Aleksandar Stojović, the entire amount (240,39 EUR) was taken to manuscript, theydoubtedthatthe same personhadwritten these letters. Forensiccenter.the Accordingin analysis on them sent and letters took Directorate intensive activities aiming at identifying persons who wrote and sent this letter. Police and provide risk them to execute their job security safely. estimate The Police stated to they were undertaking Police the from expecting were they said They next!”. the are you done, “Youare saying: letters threatening 2010 24, September on received PopovićMilan and Brković, Balša Mitrović, Ljubiš Šćekić, SlavoljubIvanović, representatives ofDPSwhowere givingmoneytocitizens tovote forDPS. to related information the verify to restaurant the to went he researcher YIHR told Namely,Jelovac bašta. Milet restaurant the at happened which incident 2010, 23, away herequipmentandprohibited herwork. the funeral of Dragan Dudić. Namely, Markovic accused Duduc’s relatives for taking from reporting was she while happened which police, the to incident 2010, June2, to thepolicebutcommittershave notbeenidentifieduntilnowadays. case Vukicevićthe large. reported was damage material and times several assaults of on assault target first the Vukicević’sthe was not vehicle property. his 2010, During vehicle of results ofinvestigation yet. the analysis by the police. Until nowadays, as Raičević told YIHR, he has not received for taken was which key garage-mechanic large find Raicevic happened. what stated vehicle had happened. He added that there was no control over the vehicle, they only YIHR told Raičević incident, researcher this that the Onpolice showed poor portal. interest for the the evening when for the assault on writing his been has for he threats articles received Raičević broken. was portal IN4S of chief in Editor Raičević, from theGovernment ofMontenegro related tothiscase. information additional required and complaint the adopted Court The Strasbourg. appeal of Čolović, Koprivica complained to International for human rights Court in threethe of names the currentlyhe whom journalists fine. the pays On verdict upon Establishers and columnists of Independent daily Vijesti and TV Vijesti, Jelovac Bozidar Marković Biljana the on tires two destroyed committers unidentified 2010, 11, January On On Rade Vukicević, Day of journalist, of Day , journalist of daily DAN from Pljevlja, reported on May on reported Pljevlja, from DAN daily of journalist , , journalist of daily news DAN, from Kotor reported on reported Kotor from DAN, news daily of journalist , correspondent of Belgrade newspaper “Politika”. on January 24, 2010, 24, January on

a glass on a vehicle of Gojko of vehicle a on glass a

That was Željko

VII FREEDOM OF EXPRESSION 59 60 VII FREEDOM OF EXPRESSION that in the apprtment, she lived in in Rožaje, was set up a fire. Skorupan doubted Skorupan fire. a up set was Rožaje, in in lived she apprtment, the in that of conflicts attheterritory Yugoslavia. The process isincourse. trace on crimes that had been committed during ‘90s in the previous century, during and with the book started the edition DOCUMENTS, aiming at book leaving Čikić’sthe written published YIHR defamation. for EUR 000 120 required indictment of bill in Prosecutors Sandžak. of state the of development on workin been had he appeals after 1994, in PoljeBijelo in prison in with faced he violations and torture damage, took place on July 6, and September 24, 2010. In this book, Čikić decribed and daily Vijesti, after the law suit of 11 people from Bijelo Polje for compensation of the Police. Computershallbesenttoexpertise. called and home her of front in computer.bag a in the computer the found in Plamenac Afterwards, had she data for committed been had it or burglar a only was whether it claim not could she said Plamenac the desk, that the from Considering disappeared home. computer her from stolen was computer the that police the to again connected tothenetwork. this was of economic nature. After paying debts to Broadcasting agency emitters were for reason only the that announced center Broadcasting RTVPljevlja.RTV Nikšić, institution. The first media that were disconnected from the network were TV Elmag, this towards debts pay not do they if discharged be shall media electronic most that also received several threats. he and times severalnongovernmental for sector,in assaults of target Mitrovića was Policeidentified. been activities not have his committers For nowadaysthe until but with a bullet. The letter said: “The last warning!” Mitrović this threat reported to the letter threatening received Mitrovic 2010, 11, May On Montenegro. of agriculture of Ministry by received funds of investment and Lipljan association of work the on truth the know to wanted who citizens of signatures 54 had petition the that said society.this Mitrovicof work the examining for petition on signatures falsifying for Soković Jugomir Lipljan, association fishery and sport of President the by accused was Mitrović ZIKS. in served he sentence, imprisonment month one to sentences was activities, his to due who, activist ecology first the was he said 2010, 8, July on warning tostopdealingwithsensitive topicsinRožaje. the as but differently understood be not might incident the that said She time. that that the fire was set up at night, on July 4 - 5, 2010, because she was not at home, at Aida Skorupan Trialto Plamenac Branka Media disconnected Mitrović Milorad Ibrahim ČikićIbrahim , journalist of daily Vijesti, from Rožaje reported to the Police , activist of NGO Breznica held a conference for media for conference a held Breznica NGO of activist , , journalist of weekly Monitor reported on July 1, 2010, 1, July on reported Monitor weekly of journalist , – Broadcasting center announced in the middle of July , author of the book “Where the Sun does not shine”not Sundoes the “Where book the of author ,

journalist of Vijesti. Prosecution Office accused Editor of Vijesti, Mihailo Jovović Mihailo Vijesti, of Editor accused and Office Mayor Prosecution between Vijesti. of 2009 journalist 5, August on happened which seriously incident was the Mugoša, in Miomir injured Podgorica, of Mayor of that driver possibility Radonjić, the Dragan rejected which analysis the gave Belgrade from Milovanović” that Milan Golubović ordered thepostertobetakenoff. stated also Jovan text by thereThe Lončarević.up set was which Berane, near dump waste on indicated which bilboard the from poster the of taking Sekulovićon wrote where chaos“ by hurt were „They text the was threats Motivethese incident. for this to related conversation on him called even not had Office Prosecution that added He conversation. phone their during in offense criminal of elements no were teher Policethe in Berane to and said that Publicincident Prosecution this Office rejected thisreported report explainig Sekulović name. his mentioned ever he if everything Sekulović told YIHR researcher that Golubović told him twice he would pay him for Berane, for of threatening him costruction during thier for telephone conversation Agency on August of 11, 2010. Directro Golubović, Milan accused and incident the owned thebillboard andunpaidtaxes tomunicipality. who company the with contract of termination was action that for reason the that Europe Free Radio for the told put Berane of had Mayor he Golubović,regularly.Vuka billboard said He authorities. local of order the after by Berane, off from firemen taken was billboard that said Lončarević dump. waste the of consequences damaging on indicate to wanted he act this with that and Law with accordance in was it whether before checked had he researcher YIHR told Lončarević up, set was billboard the Before Berane. in dump waste wild on indicate to wanted manner,he this In 2010. August, of beginning the at Berane, of center the in billboard the put takenthecompetencesoverMinistry Internal affairs. whether Internal affairs should deal with this case, estimate because would it had Ministry happened before the the that said administration public and affairs Internal of IvanBrajović,Minister court. the by clear,adopted analysis was make which should Belgrade from experts of Commission the that saying Podgorica, in court Basic to against Mihailo investigation for proposal Prosecution the Jovovic, submitted Office However,injures. bodily receivedserious Radonjić that reported falsely who persons as the damaged party and that prosecution office should initiate the procedure against to treatoffice prosecutionfrom expected BranislavLutovacbeen had he Jovovicsaid that he inflicted serious injuries to driver Radonjić on that occasion. Jovović’s lawyer, ae ooi – Mugoša – Jovovic Case ea Mhjoi – Mihajlović Dejan Sekulović Milutin LončarevićJovan – American citizen originating from Berane, bought and bought Berane, from originating citizen American – – Journalist of newspaper “Večernje novosti“, reported novosti“, “Večernje newspaper of Journalist – orait f eky Sjtot fo Kragujevac from “Svjetlost“ weekly of Journalist Isiue o jdca mdcn “Milovan medicine judicial for Institute –

VII FREEDOM OF EXPRESSION 61 62 VII FREEDOM OF EXPRESSION or o Nvme 5 21, y hc junls Ptr onnć a sentenced was Komnenić Petar journalist which by 2010, 5, November on court course. suit stated, violation of honor and reputation of prosecutor occured. The process is in law- the as where, 2010 17, and 3 September from Monitor of issues for submitted was Law-suit EUR. 40.000 prosecutor.was legal amount Requiredof personality of non-pecuniary damage for violation of honor and dignity and of violation of reputation compensation for “Monitor“ weekly against 2010, 24, September on law-suit a administration ofMontenegro. public and affairs internal of Ministry to protest the sent Svjetlost weekly the and Mihajlović happened. incident the when moment the at Svjetlost, the weekly for preparing story duty professional on was Mihajlović basis. national on cursing threatening and him, insulting for happened, incident the where place the at incident the after arrived who officers police accused He injures. bodily minor inflicted and bar „Mahito“. Mihajlović claimed that the security staff in that cafe bar attacked him Sutomorecafe in 2010 August17, on happened had which incident the reported for murder drove a vehicle which Barovic owned. Basic court announced that Barović suspected persons that stated text The Šćekić. Slavoljub officer police of murder for of cause The trials the from report the on wrote Radević which in violated. text the was appeal the lodging were reputation and honor his that comensation considered he of because EUR 100.000 required Barović Barović. Veselin businessman of submitted tojudicialbodiesby publicfunctionaires. nongovernmental of one organizations in Montenegro is against which most law-suits and criminal charges MANS were therefore’.“ democracy, and Montenegro, in because without wide guarantee of right to freedom of expression, there is no freedom expression has the central role in of ’freedomprotection that verdictof the all in I recognized rights judge expression. the guaranteed that encouraging of by very the as freedom assess Convention, on and rights, human for court European of verdicts to referring and standpoints our all adopted court the Pogorica,because in court Basic of verdict Factory the Steelexpected “MANS the said: MANS from of VeselinBajčeta MANS. Management against of law-suit the baselless as 2010 8, November security interest, whichKomnenić mentionedinhistextMonitor. control truthfulness of the report of ANB where Kalić was described as the person of to failed court Basic that stated court Higer the of explanation The defemation. fo Kalić, Safet businessman to pay should he that EUR, 2.000 of amout the in fine to PetarKomnenić Duško Knežević – Monior – Basic court in Podgoricain Basiccourt journalist acquitted MANS – (Željezara) Factory Steel – Higher court in Podgorica abolished the verdict of Basic of verdictPodgorica the in abolished court Higher – Duško Kneževć and Atlasmont Bank submitted – Basic court in Podgorica rejected on rejected Podgorica in court Basic – KomnenRadević after appeals after security and journalists occurred. Journalists who were there said that a member of member Đukanović’sa that said Milo there were who Journalists Ministeroccurred. journalists and Primesecurity between incident the Podgorica, in 2010, 24, are afterallthis”. gone toofarandtakecare becauseyoudon’t evenknow whattheconsequences move onfamiliesofpeopleandnobodyhastheright todothat.Ithinkyouhave as: “Beware”,“Gojko,youdon’t knowwhatyouaregettinginto”,“You madea threats throughfreecommentsonthetextcursing hischildandcommentssuch bian nationalCouncilsponsoredDeutsche Telecom”. Unidentifiedpersonssent net, receivedseveralthreatsbyunidentifiedpersons afterhewrotethetext“Ser on theoccasionofelectionMayor ofMojkovac?” asking hom did a not question: you“Why respect the decision of presidency of DPS when him threatening and insulting was Ristić that said Baltić 2010. 14, December that Marko Ristić, councilor at the municipal Parliament Mojkovac, insulted him on security tried to prohibit and towards a journalist of daily Pobjeda, he acted incorrectly with allocationoftermsforrepresentation duringelectionswhich ofpoliticalparties satisfied not was he because Ulcinj of Mayor Hajdinaga, Gzim by threats received his considered he therefore honor andreputation were violated. ownership his not was vehicle the that prove not did Lakićević saidthattheseissuesdamagedtheirfamiliesandbusinessenvironment. the Law Faculty and even that marks of Bojana Lakićević were modified. Mujović and For compensation of damage. Journalist Radulović.covered the issue on exam mark modifications Slavko at journalist and Vijesti violation of honor and reputation, by the third daily appeal they required 40.000 EUR for against appeals more lodged “Maša“. Thiswastheoccasionfor Barović’s appealagainst Dedeić fordefamation. take 200.000 EUR from businessman Barović, at the dark which place, behind defemation, the restaurant of process Radunović conducted the against Dedeić, Dedeić said in that Radunović told session him he had the to At law-suits. Veselin submitted businessman Barović, and Democracy Serbian New of President Vice Radunović, after Ramović received threats. station. TV the of bulding According the to unofficial over information, the police take secured the building and a couple of hours supporters of hundreds with come would he him told and Ramović called Hajdinaga 2010. 17, October on place took During the assembly of the presidency of On December 18, 2010, io Ramović, Dino Veselin Baltić Ranko Mujović Against orl Dedeić Dobrilo , journalist of daily Vijesti from Mojkovac told YIHR researcher , Dean of the Law Faculty and his assistant we ad dtr n he o T “et“ rm Ulcinj from “Teuta“ TV of Chief in Editor and owner Gojko Raičević Peiet f at o Sr pplr, Slaven populars, Serb of Party of President , DPS , Editor of web portal www.in4s. which took place on December Bojana Bojana Lakićević -

VII FREEDOM OF EXPRESSION 63 64 VII FREEDOM OF EXPRESSION but theyhadnotreceived appealyet. YIHR research that their organization was introduced with these statements by media cut Radonjić 17.000 cubic meters of wood constuction. Nataša Kovačević from that Green Home told stated NGO this because Podgorica, form Home Green NGO that media Radonjić devastated the forest. Also, to Radonjić said he had submitted law-suit against statements his after defamation, offense criminal for Dragišnica, of protection for Board of Velizaragainst member law-suit Kasalica, submitted had he 2010, 15, December on media told Dragišnica, of complex the in forest the cutting Vuksan Radonjić requiring toseephotostheymadeonthatoccasion. , Director of company “Trudbenik”, which received concession for conscience and religion as well as the right to change the religion or belief and the and belief or religion the change to right the as well as religion and conscience VIII Religious freedoms of the society criticized religious communities for nontransparent data on businesses on nontransparentdata for criticizedreligious communities society the of if they annually exceed more than 18.000 EUR, they shall pay taxes. Specific entities if religious communities do the delivering of products and services for the market and of paying taxes if they satisfy the needs of their believers with their services. However, free are communities Religious SPC. favorizing for organizations nongovernmental and parties political several by 2010, of beginning the at criticized was Montenegro cases of incident that were motivated on religious basis. Filip Vujanovic, President of in thestate. number of religious communities that have less than 1000 of believers, were registered smaller while Catholic, of % Muslims,3,5 of 18% state, the in people Orthodox of Church, Montenegrin Orthodox Church, Roman CatholicChurch andIslamic community.Orthodox areSerbian inMontenegro communities religious largest The have right to celebrate their religious holidays and have a right to absence from work. supported. National holidays are Orthodox Christmas and Easter. All other believers financially been never have communities religious Minority communities. religious largest four nowadays until financed have Government The communities. religious and state the between relations of harmonization for responsible is Montenegro of property to be returned to them. The Commission for political system of Parliament be should it think nationalizedrestitution and requireReligiousof communities amended. conduction they and Law the with satisfied not prescribed are communities of Representativesreligious is 1977. from Montenegro communities religious of in position legal communities on Law by religious of Status system. national educational in included not are that programs and education, of systems own their community,have Islamic and (SPC), Church Orthodox Serbian schools. high and elementary regular in taught be would that schools at subject no is there education, Considering state. the from separated be shall communities religious Constitution; the to according and Montenegro in religion national no is There Constitution. the and health of the people, public peace and order, as well as other rights guaranteed by to express religious beliefs may be restricted only if so required in order to protect life that nooneshallbeobligedtodeclare own religious andotherbeliefswhilefreedom prescribes also Constitution The others. collectivelywith or freedom individually to, The Constitution of Montenegro guarantees right to freedom of thoughts, of freedom to right guarantees Montenegro of Constitution The eiiu fedm sil r nt t aifig ee. IR eitrd more registered YIHR level. satisfying at not are still freedoms Religious 74% than more is there Montenegro, of Monstat from data to According

VIII RELIGIOUS FREEDOM 65 66 VIII RELIGIOUS FREEDOM Serbian Orthodox church in Rožaje was stoned. Stoning of Parish Home happened ParishHome of Stoning stoned. was Rožaje in church Orthodox Serbian stronger – procedure disciplinary received surveillance. who persons juvenile were these that committers and that their wish was good functioning of the legal state. Perović added identified police when satisfied was he researcher of YIHR told Cetinje Rector in Perović,Bogoslovija Gojko schools. church these of premises stoning for suspected Bogoslovija and the Boarding - Internat School in Cetinje. Police arrested five persons sport and associations. economic other of need the for rents it which sport for Podgorica space of possessed center the in Church Catholic Roman even that said statement The do.citizens all as just state the taxesto paying been had they stated SPC market. the for buildings business and apartments of construction with dealing was and hotels objects, catering has SPC Vijesti, to According state. the to taxes pay not did it but Vijesti, profited it that daily trade, the with dealing was SPC Independentthat announced and and researched state. the towards obligations their and taxpaying and Such treatment of the Police caused dissatisfaction and wasprotestsorganized of for bothpreventing churches.incidents which it explained happened Directorate time. Police different at a year appointed were before that liturgies of and serving earlier as well. both orthodox churches to enter in Temple of Preobraženja Hristovog, and on conversation. thus, prevented barricades would be put that on their return saying back. PoliceJevrić reacted and Zvonko brought five persons phone the on called somebody liturgy, the at were they While vehicle. their on stones threw persons Unidentified Bogorodica. Presveta of in Bijelo Polje on their return from liturgy which took place in Voljevac in Monastery 2010 20, September Prelević,Petrić,on AcoRajo stoned wereNišavić,and Dragoje petrol over thebarrackandburned. spilt who juvenile a by up set was fire the that said council municipal church the of occurred on August 24, 2010, near the St. George’s church. Velibor Džomić, Secretary Home andtheywoulddoalltofindcommitters. announced they would appoint police officer who shall secure the church and Parish nowadays. Police until identified been not have incident the the of Committers to police. reported was incident the and committed April, 2010, was in damage material happened large when incident first The year. the during time second the for Stoning of ParishHome of Stoning BogoslovijaStoningof Police from Cetinje prohibited on August 19, 2010 to clergy and worshippers of stoned SPC of Representatives Podgoricacouncil municipal church the of Cottage – On March 19, 2010, unidentified persons stoned persons unidentified 2010, March19, On – – On August 14, 2010 at 23:30, Parish Home of HomeParish 23:30, at 2010 14, August On – – Representatives of SPC Dragiša Jeremić, Dragiša SPC of Representatives – burned in fire which fire in burned pets have.” as rights much as have least at should Tivatin Muslims buried. are they where and Fejzić said: “In democratic states, even pets believers. have right Islamto space wherefor they spend cemetery time and temple the construct would they where Tivat,in community in Montenegro said he would insist on allocation of location by authority was made in due time, with the aim to prevent incidents. Rifat services Fejzić, municipal of Head answer of and Islamic decision the that said also They yet. requirements their on answers received not have they said community Islamic of Representatives would serve that for administration and object religious ceremonies, for and allocation of location plot for cemetery.of allocation requiring 2007, in and services municipal identify to bodies to requirement written sent they competent that stated been had it invited Also, committers. sanction and assault this condemned severely Montenegro in community Islam stoned. was Kalimanj place in object time, This in Tivat.community Islam of premises on 2010, November4, on happened assault more One division. or intolerance, hatred, religious or racial, national, inciting of act criminal into matters else’s someone damaging or demolishing of act the criminal andqualified case the over taken Office Prosecution Public Higher However, future.in things same the motivationdo futureto for actions fascistic of committers best the are bodies prosecution of standpoints such side, other the On widened. be to has indictment of bill that and hatred religious about all was it that considering act demolishing or damaging someone else’s matters. YIHR reacted on such decision, Prosecution Public inOffice Kotor,criminal for charge criminal submitting on made been had Basic decision with consultations after and identified incident the had of they committers stated Department Police proportionally. them sanction and parties condemned this incident and invited competent bodies to identify committers severely condemned that assault and unless national institutions provide protection provide institutions national unless and assault that they condemned severely that researcher YIHR told community Islamic of Mesihat from Čekić, Fuad glasses on occasion windows were broken and that in the part for prayer swine On droppings were left. demolished. was Tivat in community Islam of object 2010, 29, 52 and ceremonies religious in participation and endangering safety, faith on damage of confessing A.A. and A.B. from and Podgorica. Statements freedomindicated of violation act criminal committed had he suspects basic for 2010, 9, September on help. for community to their believers and unless they process this assault they would address international

Officers of Regional police unit from unit police Podgorica Regional of Officers Islamic object in Tivat demolished Tivat in object Islamic Report on the incidentonNovember 2,2010isin YIHR files 52 YIHR and other numerous NGOs, individuals and political and individuals NGOs, numerous other and YIHR – At night, between October 28 and 28 October between night, At – deprived of liberty Dž.R. liberty of deprived

VIII RELIGIOUS FREEDOM 67 68 VIII RELIGIOUS FREEDOM and professionally whentheyreceived reports offamilyBalšić. timely reacted officers police that said and statements these demented Directorate efficiently. Police and adequately react not did Police the that indicate Statements threatening. and provoking, humiliating, situations, unpleasant different to exposed wereBalšići media, AccordingChurch.to Montenegrin Orthodox of member a was family,the of member a because basis Nebojšareligious on Balsićneighbors their by this mosque. in Imam main is who A.A. even attacked physically Dž.R. occasion, that On polje. that Dž.R. physically attacked A.B., Deputy of main Imam in mosque on Karabuško Media published that the family Balšić, from Bijelo Polje was discriminated Poljewas Bijelo from Balšić, family the that published Media or affirmative action. Law on prohibition of discrimination has been adoptedin has been ofdiscrimination on prohibition Law action. affirmative or direct or indirect discrimination on any grounds and envisages positive discrimination IX Discrimination city did not allow Marijana to come at her job position with her guide dog. On dog. guide her with position job her at come to Marijana allow not did city city,Capital – employerPodgorica. her Namely,Capital against the of management fight for right to work and protection from discrimination, she initiated judicial trials In silent. not Marijana was fight. Mugoša to ready not are and silent are they rights; persons. She explained that large number disability of disabled of persons discrimination is not of familiar with cases their many were there convinced was she researcher Even in 2011, YIHR shallmonitor thiscase. of construction has not started yet, and competent bodies did not actualize this issue. children.for Processobject of preventDanilovgradto construction aim the the with of center the react.in Goricato rentCitizensspace of failed a institutions and rights children’sand human with dealing organizations nongovernmental numerous Also, reactions. no were there but petition, this on react and themselves declare to rights, human with dealing institutions public competent invited and Gorica, of citizens of living room for children with special needs. YIHR condemned signing of the petition the as adapted place a would There planned. was needs special houses with children for was three of construction zajedno”, “Rastimo association to sent welfare social and labor of Ministry which letter to According funds. provided America of States and authorities in Danilovgrad. For construction of these authority houses, Embassy of Unitednational between agreed been had which needs special with children for object constructing against petition the Danilovgradsigned near Gorica, of Citizens constructing building for children of with case disabilities in in place Gorica, omission near or Danilovgrad. act understanding through reflected of is community Lack wider of persons. prejudices and disabled of training for vehicle a has that school driving- no is There the persons. disabled in to available be adjusted would they which been in manner not have etc) organizations, international transport, faculties, public (courts, institutions and buildings Numerous day. every discrimination workers. and women YIHR registered more casesofdiscrimination.Anfinal verdict hasbeen rendered. minorities, sexual and national population, Roma persons, region the in disabled of cases one in exists Montenegro Law.in last Discriminationthe adopted has the that become has state the manner that in and Montenegro The Constitution of Montenegro prohibits discrimination, each formof each discrimination, prohibits of Montenegro Constitution The Marijana Mugoša, persons disabled of Discrimination from the Association of youth with disabilities, told YIHR Dsbe pros ae with face persons Disabled –

IX DISCRIMINATION 69 70 IX DISCRIMINATION President of Management board of Association of youth with disabilities, said that said disabilities, with youth of Association of board Management of President human rightsinStrasbourg onDecember 1,2010. for Court to application sent Mugoša Marijana year, a half almost for verdict final implement to failure court’s to Due decisions. judicial after apparent actions their make to just employee, more one the and her organize for building formally another in shall work of city process Capital the that expects now Mugosa verdict. of that the court then gave them receipt on how to act afterwards, saying after the enforcementcity Capital the to withdrawal preparing been has court the that considered Mugoša Marijana verdict. final of enforcement for mechanisms implement not did of the Capital city-Podgorica, did not act in accordance with the verdict, and the state prohibited to come at work, or on December 10, 2009. However, competent persons job position, with her guide dog, at the same premises she worked, until she had been orderedwhich allow to city Marijanacourt Capital the Mugoša regular her arrivalat months.” On June 4, 2010, Higher court in Podgorica confirmed the verdict of Basic of decision making processes of almost all institutions I have addressed in the last 25 prolonging and shirking of web huge an still is “That said: Marijana trials, initiated persons. disabled of Topovićunemployment problem, mentioned general the As place. take social for Center labor, hospitals, Employment agency, municipalities, sport terrain, and buildings where culture manifestations schools, as such importance public objects of of inaccessibility are with dealing largest are The Pljevlja in practice. persons in disabled acts problem legal these of respect of lack was problem largest the that added Sheimproving. is position their persons, disabled of rights discrimination. of protection of level high with dealing Topović still explained that with larger number of civil society organizations dealing been with have persons disabled improving, still, been has persons disabled of position the that 2010, 3, September on legal personsandentrepreneurships thatdonotprovide accesstodisabledpersons. for EUR 16.500 to up of fine as such sanctions prescribes development spatial on construction of objects in public use should allow the that access of disabled persons. obligations Law with persons disability to enabled legally been has facilities public public and objects transport. Tijanato religiousaccess the development,that Savić,spatial said of from Ministry with is same the and persons disabled to accessible is self government. Macanović said that there is hardly any hotel in Montenegro which local of objects with is situation same the Almost persons. is disabled to accessible not which Montenegro, of Parliament of building the as such buildings, numerous are there Still, level. satisfying at been not has use public in objects to accessibility At the round table, which took place on May 6, 2010, Goran Macanović, Goran 2010, 6, May on place took which table, round the At Mira Topović from Association of paraplegics in Pljevlja, told YIHR researcher not seem like disabled person, or they would ask him “Why do you need a job?” a need you do “Why him ask would they or person, disabled like seem not Employment agencyfortellinghim,whenheusedtocomeaskingjob:“Heaccused does Spasojević nowadays. until managed not has he which years, for job a for looking been had he and disability of 50% with economist was Spasojević suffered. disability child. with friend best the be would child their it mind not would person questioned fifth Each child. disability and child their of class same the sharing against were citizens child goes at the same school their child attends, and almost two thirds of questioned results of the research, only 43% of citizens of Montenegro would accept if disability to according Thus, children. disabled towards distance social large showed research physical and mental disturbances. The campaign was initiated after results mogućnostima” of UNICEF o “Govorimo (“We talk about possibilities”) campaign aiming at encouraging citizens to accept children with September of beginning the at initiated procedures according to competences of each institution. minorityrights,Ministryand labor, of socialandwelfare invitedandinitiatethemto and human for Ministry freedoms, and rights human of Protector of Office incident Andrijatoleave the restaurant. Association ofyouth with disabilities informed onthis had to leave the restaurant. After that, owner of the restaurant Radoš Pavicević, orderedAndrijawas at the restaurant with his parents and his sister when waitress told him he day, Andrija was prohibited to stay at the restaurant “Pod pločom”, with his guide dog.with disabilities, faced with discrimination one more time on November 5, 2010. That initiate procedures before judicial bodies. Andrija Samardžic from knowAssociation of not youth didwhether it waiterwas the guide thedog or a becausepet, thus, occurred he accepted incident apology and the said he would that not explainedSamardžić Andrijaincident. the for sorrowexpressed and againhappen never wouldincidents such that said afterwards and Montenegro of disabilities with youth of Association of other colleagues from NGO sector. Čedo Popović held the meeting mediawith representativesmeans with full support of Association, numerous andlawyers feeling humiliationof whilegood leaving reputation,the restaurant, theyand would use their rights and all of guide dogs would come in restaurant “Carine” in future, users that him thus,informing restaurant, the insteadof owner to wroteMontenegro of of disabilities standing up restaurantwith“Carine”.Popović,theyouth Association Čedoof of owner oforder Samardžic, who uses guide dog, to enter into the restaurant. Waiter told him it was the not did he manage tofindajob. but Currently he receives 68EURdisabilityallowance. Nikšić in enterprises and companies numerous visited Spasojević ZoranSpasojević from Nikšić, had he discrimination on media via informed Government of Montenegro, UNICEF and EU Delegation in Montenegro in Delegation EU and UNICEF Montenegro, of Government OnSeptember 22,2010, waiter attherestaurant “Carine” prohibited Andrija

IX DISCRIMINATION 71 72 IX DISCRIMINATION discrimination thus, the largest number of enrolled Roma gives up of education and do has been implemented in Montenegro, but, through educational system they face with personalhavedocuments.notparentseducational Integration do inRoma system of According to data of Roma council, almost 140 children werenow. not Large number reportedof Roma does not becausehave personal theirdocuments and health haveinsurance. not do documentationthey to related problem the resolves she untilchildren, Bureaushelteringfor refugees provided temporaryaccommodation Sofijafor herand withtwo children inthe tent inthe park, because she could not resolve housing issue. Roma children. Thus, Sofija Murati spent more than a month, in fires occurred existence.settlements why Roma the in is This which of deaths resulted in state of pregnancy, installations,heating system, and other elements that are important to satisfy minimal of Roma lives in installed apartment premises, which do not have electricity reexamine or this standpoint plumberand define elements of eventual responsibility. Large number to bodies competent all invite we discrimination.expressingThus, of form open as be built in Podgorica, cannot be used by members of Roma nationality,Montenegro.Announcementofficials futuresome that of “people’sYIHR considers kitchen” will that against the change of national and religious structure of that village. apartments for Roma from suburb Rakonje in Bijelo Polje. As Dan wrote, citizensconstructionof on decision were expressingauthoritydisapprovalmunicipaltheir against citizens of suburb Ribarevina, near Bijelo Polje, organizedpublicinstitutions, should severalfollow. Accordingmeetings dailyto Dan, from December and 18,2010, addressed and minority rights at the beginning of 2010, which represented positive exampleInspection. other A representative of Roma population was employed at Ministry for human we invite them to report all similar cases to YIHR, competent public services orandany other Laborpersonal characteristic, which is violation of right in the area of labor and onlabor and have equal treatment towards all employees notwithstanding their ethnic person got sick, they are fired. YIHR warns employers they are due to fully respect laws paidabsencerighttoillness,from workto duesick-leave. or This means when Roma some information YIHR has, there is lack of understanding of employers on theAccording jobs.touse paidof poorly and hard very dousually Romasolved. wasproblem Later,school.providedthattransporthaveto not did theybecauseschool to go not representativesclaimsofsome to RomacouncilinofTivat, Lovanje,children 16did not contribute to better adoption of Roma children and Roma in the society. According children.According Romatorepresentatives, goodsolutionthisanotwas wouldand class at the Elementary school “Božidar Vuković Podgoričanin” that attend only Roma not finish elementary or high school. In suburb Konik, in Podgorica, there is additional iciiain f Roma of Discrimination Rm ae h ms dsrmntd ru in group discriminated most the are Roma – in Parliament of Montenegro nine females are MPs and 72 males MPs. Local self- Local MPs. males 72 and MPs are females nine Montenegro of Parliament in Governmentthe in minister female one Montenegroof while ministers male 16 and is There state. the in functions important most three of any holds woman any not Thus, men. towards life social of segments numerous in discriminated are women that showed 2010”, – Montenegro in males and “Females Montenegro of Agency the research of Statistical Agency of Montenegro shows that. Publication of Statistical 53 population in Montenegro. The largest unbalance is reflected through high percentage bodies” of structure public ethnic to proportional not is employees of in structure ethnic that showed communities ethnic of “Representation named research YIHR national and political discrimination is present in Montenegro in employment process. in Montenegro. in was Serbian. Stankovićdocuments. all had Utilitythat said also Police she because that doing was said, she as although, bar night her close to intending PoliceUtilityfor accused she police duetofrequent robberies. YIHR offered free legalaidto V.M. Company told that increased security measures were adopted in cooperation with the Security of owner Marjanović, Marjan officers. security of estimation security false Bank V.M. GuardCompany Montenegro also apologized Security to and Islamic community and officers. family of V.M. family security for of to behavior apology for apology public public sent sent management to and rights human area the standards andinternational in theConstitution security torespect of them behavior invited such and officers judged Ombudsman and Montenegro Islamic in humiliated. were community they told E.M. and V.H.moment. that at her with was Incident hijab. wore she who E.M. because to married get to supposed was she bank, when 2010, 28, August on happened the into enter to her allow not did bank and bodies institutions, according intheresearch. toexperiencesandopinionsofparticipants public in job receiving for condition authority the is in level local membership and national Political on (CEDEM). rights human and democracy for political discrimination national beside discrimination is present as well, which confirmed the research conducted by Center employment, of process the during that confirmed research the Participantsin Roma. especially but communities, ethnic all of employed Montenegrins and inadequately small number of employed members of

Statistical Agency, Montenegro according tocensus from 2003. iciiain n ainl n rlgos basis religious and national on Discrimination Discrimination of women of Discrimination 2010, 8, August On years. six almost for bar night Stankovića Slavicaowns V.H. from Bijelo Polje told YIHR researcher that the security of Hipotekarna 53 However, women are discriminated in Montenegrin society and society Montenegrin in discriminated are However,women – There are 314.920 females and 305.225 males 305.225 and females 314.920 are There – Rsace so that show Researches –

IX DISCRIMINATION 73 74 IX DISCRIMINATION eul ioiis ih tnc ol b islig o hm Mnse fcd with faced Minister him. for insulting be would ethnic with minorities sexual comparing that added and Montenegro, in exists homosexual one even if happy be homophobic standpoints several times during 2010. Minister said that he would not 1049 of sample questionnaires. on Montenegro homosexuality. of suppress municipalities 18 should in state conducted was the Research that think persons questioned of Half feel would citizens of public. in sexuality their expressing females two 45% or males two see they if endangered almost while 75%, is homosexual a is child their out finding when unsuccessful feel would who parents of Percentage healed. be cannot that homosexuality is illness, while half of questioned persons think that homosexuality by NGOs, CEMI and Juventas, from Podgorica, 68,5% citizens of Montenegro think maleshave. the salary but that position covers 136 males. Average of salary females is lower for 13,8% than there are 20 male presidents of courts; 26 females are directors of elementary schools, government has 92 females and 632 males. Two females are presidents but of courts, Until the end of 2009, overall number of registered HIV/AIDS cases was 103 (50 103 was cases HIV/AIDS registered of number overall 2009, of end a sailor.the Until and user drug a was – it 1989 in registered officially were Montenegro in complicated additionally circumstances astheywere encouragedtodiscrimination. NGOs, to according were, which teenagers school high representative.showwereminority the Guestssexual at of wish and assent thereis if had disorder of a part of their personality which was possible to heal by psychotherapy “Slobodan Gymnasium Škerović” in in Podgorica, Biljana PsychologyBabović, said that homosexuals were individuals who of Professor show, this In representatives. was broadcasted on October 11, 2010, violated rights and dignity of sexual minority which noir”, “Glamour show the whether define Podgoricato from NGOs more of European manner. protect would rights rights of all, and even sexual minorities, and they would act towards this minority in minority and human for Ministry the and Government the table, on the occasion of Day of Human Rights, on December 10, Minister said that Minister depose to roundAt statements. homophobic and Governmentintolerant, unprofessional, being Dinoša,for the from required organizations both which by December 10, 2010, YIHR and Human Rights Action (HRA) issued Proclamation, categorically rejected that. On the occasion of International Day of Minister Minister’sHumanresignation. required which Rights, society on civil from judgments severe Ferhat Dinoša, Minister for human and minority rights publicly expressed publicly rights minority and human for Minister Dinoša, Ferhat Discrimination of LGBT population Status of HIV positive persons Office of Ombudsman initiated examination of the procedure after complaints

– The first persons whom HIV was diagnosed – According to the research conducted out of this number, 13 persons were between 20 – 49 years, two of them were females, with AIDS diagnosis, 30 persons died. In 2009, there were 14 newly registered cases, persons living with HIV until the end of 2008, was 388 (300-500). Out of 50 persons of methodology Worldthe using health, public for Healthof number Organization, Institute the of estimations to However,according HIV). with 53 and AIDS, with or because they suffer some disease or some other personal characteristic. Personal characteristic. personal other some or disease some suffer they because or identity, gender, national skin, the of color race, different their to due rights, other rights basic of a person are when denied, such as always right to work, education, exists health protection, and It onsome people. of based discrimination to leads isusually grounds, unjustified which people, of difference allowing of not Disrespect principle, characteristics. the personal their isthat notwithstanding principle equal, of that are people essence all The centuries. two last the in adopted were that on Protection of Human Rights, and numerous conventions (international contracts) Convention European Declaration,French by promoted is It people. of equality of always represents discrimination. Basic principle in human rights area is the principle society denies exercising basic human rights, only because they are HIV, with when sick, persons treats such differently society treatment when Therefore, services. medical other for search and treatment medical to submit to people prevents discrimination later society.from rejected and which guilt Fearof feeling valuable, less feeling isolation, difficulties to lead with face usually virus the with live who persons HIV, of on manners on knowledge of lack disease, transmitting the virus, fact that AIDS is of incurable. For such a false reaction of understanding society of lack mostly but of persons with HIV and the cause of this type of discrimination are different matters to education. It leads to a negative treatment and deprivation of different possibilities HIV, for example, when using health protection, searching for a job, exercising right with life everyday of part the is and forms different in appears It world. the around all exists and universal is HIV/AIDS with persons of Discrimination HIV/AIDS. to related discrimination and stigma followedwith society the in is HIV/AIDS period. previous with comparison in made been has progress hard, very is person positive HIV of position although Kovacevicsaid, As positive. HIV are they out found they are of existential nature, like for example dismissals they receive from employers when with face persons positive ProblemsHIV exposed. be to want not did also they and experience, previous with encouragement of lack their were this during for Reasons charge 2010. criminal filed person HIV any not information, their to according that, said Kovacevic basis. many on discrimination on complained support, social psycho- provide they whom clients 25 all that researcher YIHR told CAZAS from Kovacevic Amela towns. southern and Podgorica of citizens are HIV with live who Mostdied. people persons two and heterosexuals, 7 population, MSM of member 5

IX DISCRIMINATION 75 76 IX DISCRIMINATION and compensate the damage. In the frame of international mechanisms for protection removeconsequences to damaging state the orderto will it occurred, discrimination or rights of violation that finds Court the If protection. such them provide not did of their rights have been violated or are victims of discrimination, and national order Montenegro is also its signatory. Citizens of Montenegro can address the Court if any Strasbourg was established by European Convention on Human Rights in 1950, and in Rights Human for Court European mechanisms. legal their with discrimination against fight state each and international, overall the and issues unwanted most the people cannotunjustifiablybeinvolved. of personal nature, different, and represent of part a man’s private life in which other develops, the number of people grows. What makes them common is that they are all life as because man, a of characteristics personal all mention to impossible is it that is fact The characteristic. personal as man a of condition health include laws New or some other standpoint, national representation, and other personal characteristics. well, include for example, race, color of the skin, gender, language, religion, political as law internal of documents and international documents, legal in characteristics Article Article 159 of the Criminal Code of Montenegro says: “Anyone who, due the Constitution prohibited”.to national be of shall grounds 8 any on discrimination indirectArticle or “Direct This, prescribes: laws. and Constitution, the by acts, legal its by discrimination prohibits Montenegro courts. police, office, prosecution – bodies its through discrimination of committers against measures legal apply to obliged is and develops its legal mechanisms which protect victims of discrimination. The state that schoolofremoving himfrom thatclass. from boy the expelling of campaign initiated immediately they out, found parents when and enrolled, was boy positive HIV a where Belgrade in school elementary an in happened had which case of occasion the on indicated was recommendation This and the prevention and measures of protection may AIDS, not cause with stigmatization of living child. children of rights to related are that 1998, in recommendations gave children of rights for Committee example, For discrimination. with of are manner prevention that there in and community protection rights international human with of dealing institutions frame was other the right In which discrimination. notwithstanding by and violated it, cause which matters notwithstanding discrimination, punished and times several judges decisions is its by and Committee state, the of The 1966. in UN actions the in if rights human of violations were there whether frame monitor to competent the in established was which Rights, Humanfor Committee the of work the mention to important is it rights, human of nentoa ad ea protection legal and International Nationalprotectionlegal – Exceptcommunity,– international has state each Dsrmnto o pol i oe of one is people of Discrimination – restricts the rights of man and the citizen prescribed by the Constitution, laws or laws other regulations or general enactments or recognized Constitution, by international treaties or, on the by prescribed citizen the and or man of denies rights status the personal restricts other or property origin, social status, social language, education, sex, beliefs, or other in political differences to due or affiliation an such of toabsence due or orconfession, race group, anethnic to affiliation or affiliation unallowable basisforhisdiffering andisolatingformother children. representsHIV Fact has classes. child individual a conducting that or children other from him isolating by not state, has; the children by remaining like child, circumstances positive equal under HIV a to provided be cannot and right child, this a of of education exercising to right the to related is this Therefore, him. with class threeonly whererejectedof same pupils composed pupils the class other sharing the parents and children stood behind their standpoints. HIV positive boy was attending people, was other for danger there a represent not did Although boy a that doctor’sdefining class. conviction their in child positive HIV allocating on Management Burzan” in MusaPodgorica. “Milorad Pupilsschool of a class elementary boycotted lectures in after decision town,of the School our in happened child positive HIV a to rights of their discrimination of Case characteristics. exercising personal their notwithstanding education, in citizens of equality guarantees measures educational their personalcharacteristics,thus,apersonmaynotbevictimofdiscrimination. case. New Law on Labor defines precisely that health condition of a person represents on their HIV status, how employer would react and would they be employed in that HIV always think what might happen if they get job, or when they inform employerwith Persons jobs. their lose may they example, for and discrimination, of victims be also may they and humiliation, isolation, social be might this and employers, or with HIV may livealways face with stigmatization who coming from their colleagues persons at work, ambient, working In discrimination. for basis the as used be not that health condition of each person represents their personal characteristic that may health conditionandotherpersonalcharacteristics.TheLawadvocates firm grounds age, skin, their gender,of their religion,color notwithstanding race, language, birth, employees, of discrimination job, a for applying persons of indirect) as so direct (as excuse fortheirrejecting orisolationinthesociety. the as and discrimination, their for basis the as used be not may HIV), with live to have they fact (the people these of Healthcondition citizens.free other as freedoms, and the entire society has to provide to HIV positive persons to enjoy their rights and imprisonment not exceeding three years.” Thus, with appropriate approach, the state the grounds of such differences, grants privileges or exemptions, shall be sentenced to ih t education to Right work to Right – Article 5 of the new Law on labor prohibits discrimination prohibits labor on Law new the of 5 Article – Atce o te eea Lw n dcto and education on Law general the of 9 Article –

IX DISCRIMINATION 77 78 IX DISCRIMINATION personal data. Data on personality, as specified by Law, shall be all information be shall Law, by specified categoryof as specific personality, into on Data healthcondition data. to personal data related personal puts Law The religion, political and other standpoints, nationality, and other personal characteristics. notwithstanding their citizenship, residence, race, color of the skin, gender, language, person, each of personality of on data of protection guarantees classification law This data. personal on Law adopted Montenegro of Parliament the 2008, December states adoptlawswhichprotect theirprivacy. modern and nature confidential of are person a of condition health on Data data. Philippines) Indonesia, (India, countries studies showed that medical workers some violated confidentiality of these In published. be may status HIV their on data that fears for avoidtesting, they thus, caresystem health in faith losing obligation of testing when on HIV,or them, without their to agreement, is denied imposed, which make is them institutions care health to access when aid, medical or denied, are need they medicines when discrimination, with face may HIV suffering in characteristics, personal their exercising right to notwithstandinghealth protection. Even in the frame of health care system, person equal, be shall citizens all that exceeding one year and Paragraph 3 of the says Article that should the act referred to those for which they were compiled, shall be sentenced to a fine or imprisonment not data that are collected, processed and utilized in line with law, personal for permission purposes without other uses than or others to communicates provides, who anyone processing of personal data. Paragraph 1 of Article 176 of the Criminal Code says that perform who Montenegro,residing persons, physical and entrepreneurs companies, business administration, local and public self-government of local bodies of act, bodies to administration, due are bodies public Law, the to According Law. the by which personal data are related, or another person, and in some other cases, specified c) case when it in is necessary for the then protection of life, and health worker,and other interestscare of a person health to by processed are data these if activity,care and providing diagnose of illness and treatment of a person, and for improving health of a person; b) when processing of personal data is important for revealing prevention if therefore, person, a anybody suffers HIV.of condition Namely,health these data mayon be processed only:data a) with the approvalinclude which data personal of be may prescribesLaw the of 13 processingfor conditions categories specific of Article used. person, a of condition health on by data concretely,or,prescribed data be personal should which, conditions restrictive that and reality be should this that sphere of individual, with no one else involved in private it. the This of law represents part the a guarantee stay should virus HIV suffers person a Factthat data. personal via transmission, their publishing, and any other action that overis being performed data revealing it, into insight the performing data preservation, collection, their personal includes of Processing allowed. be may data personal of processing which by conditions defines Law defined. been has identity whose person physical to related elh odto a te esnl aa hc ejy discretion enjoys which data personal the as condition Health Right to health protection – Article 4 of Law on health protection prescribes On – punished for violation. A fine of ten or thirty times larger amount than the minimal the than amount larger times thirty or ten of fine A violation. for punished be Law,shall the to contrary person, a of condition of personal health on data including categories data, specific processes who anyone that prescribes of protection data on personal Law mentioned of 74 Article Besides, years. three exceeding not during performance of his/her duties, that person shall be sentenced to imprisonment in Paragraph 1 of this Article be committed by a person acting in an official capacity, provisions andsanctions. other manner uses data that specific person has HIV, shall be submitted to mentioned any in or publishes anyone if Therefore, prescribed. be shall Montenegrois, in wage

IX DISCRIMINATION 79

onas 39% ulm, ,2 Rm, n 11 Croats. 1,1% and Roma, 0,42% Muslims, 3,97% Bosniaks, number, 43,16% are Montenegrins, 31,99% are Serbs, 5,03% are Albanians, 7,77% uploads/2010/03/cg-izvestaj-2010-web.pdf. 55 godi%C5%A1njak%20CG.-2010,%20za%20WEB.pdf 54 large that researcher YIHR told BS Nurkovićfrom Osman 2011. in census on Law defined yet. Fund allocatedfinancesfor2010innontransparent manner. been not has which Funs, of finances of control the of manner the in problems and for Fund minorities still Montenegro.has not functioned in qualitative in manner. There minority are capacity problems national not are Serbs that considering Serbs, councils.of council Political National of national existence against Parliamentare the of in Serbs o representative work the over of control no mechanisms are There level. satisfying at not is still councils national of role The adopted. were freedoms and rights minority on Law of Amendments 2011. 31, May until is deadline New times. several for delayed was Constitution the with Law the of harmonization for of representatives of minority population in public institutions and bodies. Deadline representation proportional envisages it and course, MPsin is Constitution the with and councilors of election on Law of harmonization of ProcessMontenegrins. with comparison in represented sub were communities ethnic all that showed researches These institutions. and bodies public in minorities of representation on research the YIHR and Ombudsman of Office state. civil the of concept the criticized Minister Dinoša, for conducting the policy that was not in accordance with to declare themselves on national grounds. Goran Djurovic, from Democratic Center employeesof not possibility legal for that, do to manage not did they but 2003, and of 2010. Minister Dinoša also said that the Ministry had tried to collect data on 1999 end the until administration public representationin national on data collect would Minister for human and minority rights, Ferhat Dinoša announced that the Ministry for collecting data on national representation of employees in public administration. European standards. Ministry for human and minority rights started with with harmonized largely and the adopted been has minorities initiative national of rights of areas identity of minority population and other national community. Legal framework for Constitution of Montenegro guarantees and develops detailed measures of preserving

National minorities X Minority rights View theresearch conductedby YIHR on thislinkwww.yihr.me/wp-content/ Monstat datahttp://www.monstat.org/userfiles/file/publikacije/Statisticki%20 on amendments Montenegro of Parliament the to sent (BS) Party Bosniak – There are 620.145 citizens in Montenegro. Out of this 54 55 ril 7 o the of 79 Article earlier conducted earlier

X MINORITY RIGHTS 81 82 X MINORITY RIGHTS researcher that more than 100 of their citizens were dismissed from Public utility Public from dismissed were citizens their of 100 than more YIHR that told researcher Podgorica, in Konik, in live who nationality Roma of Citizens status. Roma of improving in invested were finances large although weak were results the that said Roma of Representatives unacceptable. still is society the in integrity and on exercising largerlevel ofrightsethniccommunities. would be adopted, that would strengthen the impact and position amendments of IfNurković. national said councils belong:, they nation which to and has, Montenegro all for care they citizens to show be included by would the census, and finally which to receive data on amendments how many citizens proposed adopt shall MPs that failures and contribute to more realistic census of citizens of Montenegro. We expect in and 2003, Law, in the of removeamendments proposedmight BS failure,that this avoid orderto census by omitted were whoare countries foreign of citizens in work number temporary on large BS that of findings and fact the to “According community,may be deprived but especially right to proportional representation in public bodies. of as rights, of lot a manner that in and census in participate not did states, other in work community,who ethnic Bosniak of representatives of number between 70 to 122 persons on the boat. A couple of hours later,hours of couple A boat. the on persons between122 to 70 overturnedboat the were there information, unofficial some to according but, members, crew two and travelers eight for registered was Pat MissItaly. Boat in Roma illegally transporting was presented against eight persons suspected for criminal act against general security, death of at least 37 Roma, court procedure has not been finished yet. The indictment language maybeseparatedsubject. be would lectures Montenegrin and understand, if children their which better language Roma or be Albanian on would it school, at results good achieving for think that They enough. language Montenegrin know not do children while language Montenegrin on lectures to related were critics major children Roma of education Considering documents. important have not do they as them accept not do centers medical other because them, to provided be to aid medical for waiting day another works from 7 to 9 a.m. and if they do not manage to come on time, they have to wait related to medical services they receive in Konik. Medical health care center in Konik deported to Kosovo, where being they did of not afraid know where are to They return. Theircondition. complaints were material poor their of because Montenegro, in work and residence for licenses for need they documents receive not could they on said money the for beg to forced areboulevards and streets in or towns all over recycle Montenegro. Roma they who refugee from material Kosovo and material waste collect Roma Todocuments. survive, personal have not did that company,because Position ofRoma isstillattheconcerninglevel. Level oftheirrepresentation Eleven years after the accident and sinking of boat “Miss Pat” in Budva and Pat”Budva“Miss in boat of sinking and accident the after years Eleven invited competent bodies to start as soon as possible with processing of tragic event tragic of processing with possible as soon as start to bodies competent invited been stating that accused persons are being convicted but with no other moves. YIHR has usually Ombudsman of report the that emphasizing possible, as soon as act, this Montenegrin identified. was drowned Ombudsman, Šucko Baković who invited judicial bodies to punish people responsible for persons 13 only nowadays until and rhdx hrh n otngo n nmru idvdas Rpeettvs of Representatives individuals. numerous and Montenegro in church Orthodox People’s Serbian Party, People’s Socialist Party, People’s Serbian Party, Democracy, Serbian New Serbs, of council National were adopted, be to not Law this required Montenegro in were discriminated Serbs in that manner. and Among language those who had Serbian criticized and that emphasizing majority Parliamentary criticized and severely Montenegro in education Serbs of representatives political language, Montenegrin on general on Law of adoption educational measures which envisages that lectures After in schools in Montenegro shall be live. language, this speaking of minority representatives wherenumber municipalities significant in use official in Montenegrinareto similar languages Other language. this speak who capacities and situation literature, no is there standardized, such not was language for Roma that mentioned officials reason major the As use. in not is language Roma limited. and of Representatives use. widest Albanians were not the satisfied and think has that the use of of language Albanian language is Out Albanian inadequate language. languages, Croatian minority speak all people speak 2.791 and 19.906 Roma Bosnian, speak 2.602 14.172 Bosniak, language, Albanian speak 32.603 Montenegrin, speak 136.208 Serbian, speak people 393.740 Montenegro, In Croatian. Albanian, Bosnian, Serbian, are use official in but Montenegrin, is Montenegro in language NGOs inCoalition“Roma circle”. Sabahudin Delić rejected thesecomplaints. Vaselj Beganaj who, according to their opinion, did not have of other support Roma to only finances allocating for and them ignoring for activists by accused was Delić Sabahudin rights, minority and human for Minister Deputy funds. of allocation of specific number of Roma NGOs protested expressing dissatisfaction with the manner named “Development of equal access to job positions for RAE project the Montenegro,for of population”.Agency Employment to and students to Activistssupport the of regulation housing issues”, Foundation for scholarship of Roma for more projects for in state the of “Participation named project the for circle”, “Roma NGO Coalition to radio”, “Roma for well, as council Roma to allocated were Finances 2010. July in signed was Egyptians, nad Askalia Roma, of status improving for funds received for thiscaseisindicative. which happened 11 years ago. Lack of interest of Roma NGOs and National council Language minorities Agreement between Ministry for human and minority rights and NGOs that – According to the Constitution of Montenegro, official

X MINORITY RIGHTS 83 84 X MINORITY RIGHTS is not encouraged and is not able to express their sexual orientation to a wider circle of hidden life. “For a very high level of homophobia in Montenegro, LGBT population and isolated live to wereforced they that and population, Montenegrogeneral in by Čolaković from Juventas told YIHR researcher that LGBT persons were not adopted Jelenaprocedure. court possible and investigation during orientation sexual their of cases stayed unreported to the police, because victims Both were afraid of further revealing Juventas. NGO of office to reported were representatives population LGBT discrimination. Twoand overdistance violence social of high cases showResearches language. Montenegrinwith language Bosnian Serbian,Croatianand of similarity was this for reason the that said ones competent The languages. other on contents have not do language. services Roma and Public Montenegro. Albanian in on contents are There services public via languages minority on informing is problems largest the of One of Montenegro, said that not any language in Montenegro would be discriminated. whereSerbsaremunicipalities majority. in even language, Filip Vujanović,President Serbian on lectures have that, want parents whose children, that requests sent Serbs 56 upon thesystemofclosedoradequatelyhiddencircles”, saidČolaković. friends. Official place of gathering still does not exist, and social life usually functions close very and family closest on based cases most in is orientation sexual Expressing people, but not to suffer some form of discrimination of violence for their orientation.

Sexual minorities Sexual Statistical Agency, according to censusfrom 2003 – Position of sexual minorities is still at concerning level. concerning at still is minorities Positionsexual – of 56

in suburbs in Podgorica, in camps 1 and 2 in Konik. Local authorities in Podgoricain authorities Local Konik. in 2 and 1 camps Podgorica,in in suburbs in live They endangered. especially are Kosovo from Roma displaced Internally level. XI Status ofdisplacedpersons card. labor issuing number,for preconditioncitizen the unique haveis not which do who persons displaced for stays however, problem The Fund. Health-care from benefits enjoywho ones the as manner same the in careservices regulatehealth to possibility the them provides Agency Employment in Applying card. labor issuing for Agency Employment in apply can now persons displaced internally and displaced that and Ordinancethe implemented that being convinced is was UNHCR January2012. 7, than later not and residence, temporary or residence permanent with foreigners of them access to all rights Montenegrin citizens enjoy as well, until receiving the status republics of Yugoslavia and internally displaced persons from Kosovo, which provides adopted Ordinance on the manner of exercising right of displaced Montenegropersons of Government 2010, 4, fromAugust On documents. important former issuing for deadline same the nearly is which there, staying month one provide and countries home countries are very high. These persons alsotheir havein to paydocuments travel costsimportant toissuing their home for However,taxes employment. their permanent for possibility legal no was there when situation in residence, permanent for individual per EUR 200 taxes for pay to able not were them of most because new status, the for requirements submitting was which persons, displaced internally and were reduced on 10 EUR. This Law removed one of the largestdocuments obstacles forother displaced and card, identity of Agency,issuing Employment to application residence, temporary residence, permanent with foreigner of status the receiving for taxes administrative which July,by in 2010, environment business of improvement labor license was 165 EUR. However,the for the Parliamenttax of while Montenegro adopted EUR, Law on 200 were person per residence permanent easier.Taxesfor procedure the make to moves some werethere although restrictive, very is residence 2011. 7, November until Montenegrin legislation which prescribes possibility or of exercising right to permanent years, two is residence permanent for license the for documents all of collection and application for Deadline countries. home their in internally displaced persons from Kosovo in Montenegro, or for their voluntary return Plan for integration of displaced persons from former republics of Yugoslavia and for live, whorefuge duringthewarinKosovo attheendof‘90s. announced the possibility of closing down of these camps where Roma and Egyptians Position of displaced and internally displaced persons is at the concerning the at is persons displaced internally and displaced of Position n coe 3, 09 Gvrmn o Mneer aotd h Action the adopted Montenegro of Government 2009, 30, October On

XI STATUS OF DISPLACED PERSONS 85 86 XI STATUS OF DISPLACED PERSONS do not have a passport, thus, they have to travel to home country in order to receiveorderto in country home to travel to have they thus, passport, a have not do persons displaced internally and persons displaced of number large that estimated is residence.Itpermanent for license receivingthe for conditions the of one is home country the of passport valid Possessing passport. a have not does persons displaced of number Large deadlines. and documents important collecting of procedures very the passport, a receive cannot them of most follows: as are residence permanent for after process submitted requests. making decision accelerate to has country the that thinks Kovačević enlisting into the register in home countries are problems displaced person face with. and affairs public administration, not decision being enlisted into interior register of births, and the procedureof of long Ministry and in requests deadlines, submitted after short on procedure month, makings a for lasts usually which documents collect people until poor countries home passports, in staying receiving crossing, border that situation, financial researcher YIHR told Center the from Kovačević Luka status. the regulate and documents collect to persons displaced internally and more than ten years and who have regularly issued identities by the Government the by Commissariat fordisplacedpersons,as legal. identities issued regularly have who and years ten than more the Government to admit the residence of displaced persons who reside Montenegro toadmit and current residence of citizenship displaced Montenegrin people in achieving Montenegro for as legal. criteria Đokić also defining required on from decision from Kosovo and Metohija, required from the Government of Montenegro to change for permanent residence. Aleksandar Đokić, President of Association 2000 of Montenegrins almost that show displaced data persons said they Availablehad problems to collect deadline. documents necessary for applying the after illegal as considered be shall Montenegro in residence their law,by prescribed deadline the until residence persons do not receive all necessary documents or if they do not apply for permanent necessary for applying for Montenegrin citizenship. If displaced or internally displaced orhisresidenceto collectpassport wouldbeconsidered asillegal. has applicant period, Temporarythis during and most the yearsthree lasts residence residence. temporary for apply to 2011, 7, November until passport the collect to to mentioned residence. right exercising in document important most the collect to impossible persons country is possible only with home passport, in which entering makes or displaced departing and countries, internally other displaced and our in regulations on Based it. The largest problems these people are facing in the procedure of applying of procedure the in facing are people these problems largest The NGO Legal center from Podgorica provides free legal aid to displaced persons hn pro rcie lgl eiec sat te e yas em wih is which term, years ten the starts residence legal receives person a When Law enables to all displaced and internally displaced persons, who are not able to the report, there are 10.979 deregistered people. Institution for sheltering refugees to their health problems, deadline was prolonged until February 14, 2010. According from September 14 until October 14, 2009. Persons who could not apply earlier due on re-registration of internally displaced persons from Kosovo”. Deregistration lasted ahr eas tee epe r iel n euae yug ipae pros from persons Kosmet. displaced young educated and ideal are people these because rather permanently,Montenegro reside to persons displaced at preventing and aimed intimidating was cases three these in done been had what that emphasized Jovanović citizens. Montenegrin were parents their and Jovanović,citizens ideal were to persons three Accordingof all yet. held been not has Milić of complaints after trial the rejecting request for permanent residence, related to case of Đokić and Ćorović, while on administration public and affairs internal of Ministry of Decision revoked court Administration ANB. to sent was it since passed months five even well, as request Ćorovic’sDragan on reply not did ANB data. personal her into insight the conduct not did ANB that and her about data collecting of measures undertake not did replied they ANB documentation. collected into insight the her possessed allow they o wanted case she if it, and files, her had they whether information her provide to of internal affairs. Dragana Đokić required from Agency for national security (ANB) Ministry by made decision in stated order,as public and security national of aspect the from disturbances, of three because procedure the these in Namely,rejected were Milić. persons displaced Rajko and Ćorović, Dragan Đokić, Dragana of cases provide to determination status of showpermanent residence to all displaced persons. not As the example, he mentioned does country the that believes Metohija, and their statusofrefugees. Minister’sanswer not did recognizedbe not should status, re-examiningthe for calls of Yugoslavia,republics former from persons displaced that who said administration displaced, refuge and exiled, to YIHR researcher. Ministry of internal affairs and public and Herzegovina and Croatia, told Milenko Jovanović, the President of the Union of earlier their Bosnia from people 270 define nearly and well, as status no with to left who status, displaced manage not did Kosovo from people 760 Union’s data, to are drastically different than data of the Institution for sheltering refugees. According aid. Data of the Union of association of displaced, refuge, and exiled in Montenegro, with the support of Legal Center, UNHCR’s executive partner for providing welfare, free social and legal labor of Ministry the to appeals filed persons number,28 this of Out letters. byderegistration during deregistration for requests 171 rejected (ZZZI) On March 25, 2010 the Government of Montenegro adopted “InformationMontenegroGovernment adopted of the 2010 March25, On Milenko Jovanović, President of Association of displaced persons from Kosovo

XI STATUS OF DISPLACED PERSONS 87 88 XI STATUS OF DISPLACED PERSONS is too short forallapplications. is tooshort persons who managed to collect documents is very small and the deadline which stays of number persons, displaced internally and displaced 16.000 almost are there that nowadays, not any request has been considered. Taking into account the presumption three of them were rejected. Nearly 40 persons applied for temporary residence. Until persons applied for permanent residence. Number of 349 requests was approved while ni Dcme 1, 00 ams 80 ipae ad nenly displaced internally and displaced 880 almost 2010, 17, December Until f mlyet rgt f okr t poeto o ter eurmns n ae of case in requirements their of protection to workers of right employment, of citizens. European social charter guarantees right to protection in case of termination XII Economic andsocialrights eiiay f h Zrn aoii’ sgaue wo s eea Sceay f the of Secretary General is who Association of trade signature, unions Masoničić’sof Montenegro, because Zoran they think the that Masoničić was of not legitimacy the Administrationof to submitted requestunion trade of Association examining court for part the is which Podgorica, in branch union trade Even contract. the sign to legitimacy have not did Tradeof union secretary general that considers USSCG Contract. Collective General of amendments of procedures of legality of assessment would damage workers. USSCG submitted initiative to Administration court for the of free trade union (USSCG) criticized the Contract and its signing considering that it Government,the between Trade2010, Association employers.Union of and union, November3, on signed was Contract Collective General representation. workers of pluralism enable will which level, national at unions trade representative for 10% about of census prescribes which unions trade on Law revised Governmentadopted labor bysupported the Government of Ireland and International Labor Organization. The by considered be shall initiatives was project This submitters. application of anonymity protect will Submittedwhich inspection work. on based and work in irregularities other and work unregistered of appears eventual on initiatives submit this form of providing aid to workers caused interest of workers who call every day and conclusions in Law on labor. Representatives of that office told YIHR researcher that appear of “unregistered work” and other irregularities that are not in accordance eventualwith on initiatives submitting for serves that line phone free 15, September opened on inspection Labor inspection. Labor to appeal file can they also and court, competent employer, their application with address may employees rights, their of protection the For unions. trade party,or political any in membership orientation, political or characteristics personal of basis on discrimination of form each prohibits Labor on Law and Constitution The month. a once least at paid be to have salaries Constitution, employees have a right to and salary the Law on labor further says that human conditions of work, and protection while being unemployed. According to the and fair to right employment, and profession of election free to right work, to right and housing to right the and protection from society,discrimination. The Constitution prescribes that each the person has the from execution and protection poorness, to right against dismissal, collective of case in consultations and information, receiving to right have, they benefits and initiate they everything of protection on insolvency of their employers, right to dignity at work, right of workers’ representatives The Constitution of Montenegro guarantees economic and social rights to rights social and economic guarantees Montenegro of Constitution The

XII ECONOMIC AND SOCIAL RIGHTS 89 90 XII ECONOMIC AND SOCIAL RIGHTS with October 2009, were higher for 0,8%. Lawyer’s tariffs in Montenegro were the the were Montenegro in tariffs Lawyer’s 0,8%. for higher were 2009, October with NovemberConsumerincreasedcomparedmost.inshoespriceswhen the2010,and recreation,alcohol,education,clothesbeveragesequipment,nohouseandwith food andculture, care,health ofPrices 2010.October withcomparison Novemberin in increased 2010 November48,4%. Costs ofproducts in and services used for production personal consumption industrial increased year,0,2% last month same the with industrial production increased when compared with the previousaverage salary without year.taxes and fees was 480 EUR. WhenAccording tocompared MONSTAT results, Consumer basket for four member family for November 2010, was 754.87 EUR while positionsbeginningtheat year, the of 157.712.year172.301theatofendthe fellat Montenegro (MONSTAT)job Statisticalof Office of ofnumber data Accordingto disability insurancewhichprescribes retirement attheageof67. for workers. Parliament of Montenegro adopted amendments of Law on pension bonuses and additional entails also which EUR 141,2 is wage minimal contract, the to According2011. 31, December until set is Contract CollectiveGeneralDuration of legitimate representative of Association of independent trade unions of Montenegro. requiring righttowork incompanieswhere production wasterminated. as well as payments, regardingemployersseverance by contracts collective of respect researcher that major reasons for workers’ dissatisfaction were unpaid salaries, lack of Nikšić, and others. Representatives of Association of trade unions (SSCG) told YIHR Telekom,– Livnica branch factory Tehnostilplant SteelNiksic, – RadventNiksic, - in Montenegro such as Aluminum Plant (KAP), Steel plant (Željezara), Montenegrin because thecurrent oneendangersworkers anditstandsonthesideofcapital. labor on Law of amendments announced support would they said Montenegro of union trade free of Association the of secretary general Keković,Srđa initiated. and severances, salaries, and right to work. Amendments of Law on labor were announced Montenegro www.advokatskakomora.me/advokatska_tarifa.html. system. the of institutions through rights human protect and process to possibility have to tariffs which would significantly contribute to citizens whose rights have been violated followingthecourt,importantthus,ininfluence period,is toreducing it on lawyers’ salary,a payingforspecific lawyers’ services which limits accessright justice to to and thesedata, citizens need toinvest more than halfa oftheir salary, and even more than is 200 EUR, while drafting of legal remedies and answers were 500 EUR. According to mostexpensive theinregion. According lawyer’sto tariffs, drafting criminalof charge

Position and rights of workers in Montenegro is still at the concerning level. level. concerning the at still is Montenegro in workers of rights and Position Strikesprotestspublic or were organized by workers from various companies requiring protests organized workers of number large 2010, During On this link, you may view lawyer’s tariff of the Bar Association of Association Bar the lawyer’s of tariff view may you link, this On Europe was required. Criticism was also related to one side defining of minimum of minimum of defining side one to related also was required.EuropeCriticism was Western of countries developed in standards adopted with regulations national of Podgorica,Junein on 2010 Montenegro,place 8, of tookharmonization which and unions trade free of Union of table round the at expressed was standards European and addedtheyshouldpronounced 5.000EURfine. administration KAP to punishments pronounced already had they said inspection salary.Labor one receive not did workers ten and two receive not did workers four salaries, five receive not did workers eleven that August of end the at Vijesti to told salaries regularly. Borislav Mašković, President of the Trade union of Prerada in KAP paid tothem. However,paid. not Augustworkersaddresseduntil when were 5, salaries not YIHR, employers. for werewhich Accordingsalaries all of employerout Conclusion two, the pay to might punishment pronouncing on Conclusion Labor issued addressed also which Workers inspection salaries. their leaveKAP receive to not would toaccept they or told voluntary been had They results. no with but the Administration to times several for complaints filed had they that emphasized They regularly. Milovan salaries receive KAP in workers other while months five Šušović,for salaries received not had Željko they saying statement the Martinović, published JovovićNovo and Šofranac Dragan Novak Bogićević, Babačić, Tain Đurović, Zravko problems to than resolving their problems ofthecountry. ofworkers atthesouthernandcentralpart resolving according for however, interested numerous, less were were authorities competent and Peruničić, often more organized were Strikes severances. receive to order in protesting were and jobs their lost workers that said Peruničićconcerning. Montenegrowas of north the at municipalities other and this MontenegroBijelofromPolje, fromworkers of status the researchertold that YIHR revoked. were firings all and union trade and employer,Government, the between achieved been has agreement the and intervened Government The fired. who were also workers protested 40 Obradović, Sandra Besides rights. labor for fought and activities union trade with dealing was she because job her lost she workedafterwards she and where premises lost she that researcher YIHR told Obradović violated. KAP,were processes ofwork by employer. rtcs o Mneern eilto wih s o hroie with harmonized not is which legislation Montenegrin on Criticism Almost thirty workers in Prerada segment in KAP also do not receive their receive not do also KAP in segment Prerada in workers thirty Almost Podgorica,Marković,Sinišain KAP in Kovačnicasegment of workers Eight of unions trade free of Association the of representative Peruničić, Luka in organization union trade of PresidentObradović, Sandra of rights Labor

XII ECONOMIC AND SOCIAL RIGHTS 91 92 XII ECONOMIC AND SOCIAL RIGHTS and freedoms, him. who,ashesaid,didnotsupport of directors, Labor inspection in Bar and Podgorica, and to Protector of human rights Board addressed Bogdanović premise. in conditions internal or protection, without removed him at the position of guard in the café bar “Avaga” during the winter period, According to Bogdanović, the director reduced his coefficient from 3,10 to 2,60 and done was with no reasonthat because, at the time, permanent and season waiters worked overtime.said and vacation at still was Bogdanović YIHR, addresses he time the At position. job appropriate at him allocate to impossibility of because that did Bar,she that explaining 30% for enforcedto him vacationsent reduce and salary his Svetlana“Korali”researcherthat company Đakonović, AD the Executive of director the process ofproduction. Workers now receive 150EURcompensation. of workers butnotthetradeunionwhichisrepresentative.joint preservation by organized be may protest that informed inspection Labor that said statement The 2010. 28, September for announced they which protests prohibited received severances. Workers shall wait until September 25, which was he deadline he was which 25, September until wait Workersshall severances. received Government and employer one more part, while remaining 200 workers still had not the from expecting were they that and employerfrom severance the of part received workers 32 that 2010 16, September on researcher YIHR told union trade the from Bojanović Borisav building. management leave workers if plant, Bauxite leaving applied for voluntarily who workers, 232 for money the pay to obliged Management the Bauxite plant and management, the agreement was achieved on August 13, 2010. of union trade of representatives among negotiations unsuccessful more After costs. plant with the overall punishment of 4.140 EUR or 220 EUR per worker with court this For rights. blockade of tunnel, Regional body their for misdemeanor punished 18 workers of Bauxite for fight of measures of one was which 2010, Niksic11, August in on entrance the on Budoš, tunnel the blocked plant Bauxite of Employees ovr.building the took violently were they because for Krulanović, Boban and Đilas, Managerof Ilija acting Davidović, Dragoje who is employees and TradeIndependent union of President the Bojanović, Borisav against charge criminal filed plant return funds to the trade union for resolving housing issues. Management of Bauxite to and management, the of part replace program, social the do to salaries, receive to were workers of Requirements Directorate. Police against charges filed agency this thus, injured, were “Guardian” property and persons of protection for agency the of workers several occasion, that On contract. collective respect not did employer Milorad Bogdanović, a waiter from Bar reported on August 5, 2010 to YIHR start to aim the with months two protested NikšićTehnostilWorkers of in inspection Labor that announced KAP of preservation joint Tradeof union Workers of Bauxite plant took over the building on June, 2010, because their their severances where notpaidtothem. of Bauxite plant took over the building one more time on November 1, 2010, because that the production had on started the day when the agreement was signed. Workers starts, trade unions board shall decide on further fight for their rights. Bojanović said payment the Unlessagreement. signed to according program, social of payment for of workers filed complaint against the company due to unpaid salaries. Afterwards, Afterwards, salaries. unpaid to due company the number against complaint Specific filed workers of job. overtime for compensations and bonuses other costs, travel and said that ten salaries were not paid to them. They also added they did not receive unions, and Tarzan Milosevic, President ofmunicipality. 20, August 2010 on after conversation with left Zoran Ćulafić,they representative ofwhich themunicipality, Association of trade of building the over took they happened when initiated workers measures radical the of One protest. radicalize would were in course and added they had received promises but, if their problem stays, they jobs. Mevluda Kasumović, employed in Lenka, told YIHR researcher that negotiations to introduce them with problems. labor Workers did not take severances main but they lost their Stojanović, Anka welfare; inspector; and Tarzan social Milosevic, President of municipality Bijelo Polje, with the aim and labor of Minister Numanović, of 1.2millionEURwhichwasprovided by theGovernment. strike on December 20, 2010, when started payment of missed salaries based on loan Kvasik.Leslav directorWorkersexecutive by reported the being stopped after police the in interrogated VučinićJankowas factory Steel Tradethe of of union President October and refund, to initiate production and to be introduced with social program. and September for salaries missed receive to wereWorkers requirementsnight. and take over administrationbuildingandannouncedtheywouldbeintheday and strike general started factory Steel of Workersunion. trade of board executive of members 17 against investigations from up give and charges criminal withdraw to and program social on negotiations start to contract, collective of annex the production, sign start to salaries, regular guarantee to company the of owner the from required factory Steel of Workers unions. trade of representatives against initiated were Nikšić in court and office Prosecution the at procedures the why reason the is get into Management building and required from Director to leave the building. That during 2010, when several incidents happened where representatives of trade unions were notpaidregularly. insurance pension and service of years their because pension to rights their exercise Workers2010, Vektracompany 13, Augustthe on of public Jakićaddressed Suad addressed Polje Bijelo from ‘Lenka’ company the at workers Eight strikes several organized Nikšić from (Željezara) factory Steel of Workers not could they publicly said Nikšić in factory Steel of workers 30 Nearly

XII ECONOMIC AND SOCIAL RIGHTS 93 94 XII ECONOMIC AND SOCIAL RIGHTS Mayor of Berane and the Police of Berane that h would start hunger strike management 5.000 or 3.000 with EUR. sanctioned was kuća Slatka of management that and noted irregularitiesweresome that and course in procedurewas the that welfaresaid social labor,and of FilipVujanović, Montenegro.Ministry to of Presidentletter a writing addressed Labor inspection, they lost their jobs, where they afterwards returned after they after that, claimed Domazetović Snežana and Salković, Sonja Lakićević, Nada Workersvacation. annual to right no with row a in years three working been have preparations forthebeginningofproduction have started. and November in workers to paid were salaries All verdicts. court final after wages their for waiting were workers 50 almost that researcher YIHR told company the of Lawyer Vojnović, Nebojša account. company’s blocked of release after procedures against the company, and added that they should paid them in accordance with court pressed workers charges to due happened Vektraof it Management that Jakicstated list. the at omitted were company sued who workers paid, were wages arrears when requirements are respected. the of Representatives insurance. Association announced they should continue the protest disability and radicalize it unless their and pension on Law of amendments of process the in Association the of representatives include to was requirements of One insurance. disability and pension on Law of amendments during Montenegro, in have they status social and financial hard on manner that in indicate to wanted employment during occurred that disabilities with Persons 2010. 1, Septemberwelfare on social and labor of Ministry of front in protests organized Montenegro of decided onrequiring unpaidsalariedatcourt. of 55 EUR for 60 days period. As employees were paid one wage in that period, they amount the in wages, minimal of form a in salaries unpaid them pay employerto of offer the employeesadopted Nearly100 court. employerat the from salaries unpaid procedure becauseheaddressed mediaontheserequirements. from over taken workers it, “Polimka”.AD disciplinary initiating on decided management with the that said Dabetić accordance in allocate, to and positions, job of bonus for 2009, and the use of vacation for 2009, adoption of acts on systematization of workers,payment of qualification additional prequalification and developmentof contract, purchase of respect required signing of collective contract, respect of Law on labor, social program, business plan, he added Dabetić job. from him suspend Rade Dabetić, President of Trade union “KIPS Polimka” in Berane, informed Three employed females at the company “Slatka kuća” in Podgorica, said they soito o pros ih iaiiis ht curd uig employment during occurred that disabilities with persons of Association 28 require would they announced Beranka”“Nova factory the at Workers

the period when the factory didnotwork. the periodwhenfactory company,for the of workers for compensation of EUR 3.000 of payment on court the of decision rejecting and program, social the providing“Eksal”; company the of ownerthe requiringwith September 2010, revokingpurchasecontract on 21, the of that they paid one salary forworkers andthattwomore shouldbepaid. that theypaidonesalary however, Trade union did not respect the order of Labor inspection. Trade union inspection; said Labor addressed had she said Rastoder salaries. unpaid three receive not MontenegroDecember,of end the at strike hunger wenta on did she because 2010, have notbeenpaidsince Decemberand years 2004. ofservice did not approve their gathering and they gave up. Workers did not receive 19 salaries Parliamentthe of Montenegro.front of in 2010, 13, However,December police the said, debtofthecompanytowards workers wasseven salariesandfourbonuses. employees As debts. unpaid them pay to Kalezić shareholder,Goran majority from Workers warning. these despite gathered before thatmore than130times. gathering with continue would they announced of because Government Dakić” “Radoje of of employees traffic. Former at participants building of security endangering the of front in Dakić” “Radoje company of until committed damage adoption ofDecision ondismissal.Processes are incourse. of compensation for was one another and dismissal, on decision actual the revoking for Bar,was in one court Basic before procedures court separate two initiated Leković fired’.“ are you it, don’taccept you if ad days, eight for offer the about think to right have anymore. You director financial don’tneed ‘Youknow,I saying 2009, April on analysis, and plan the of Referent position job another me offered who director Executive by done systematically and planned was that All future. professional my question into brought end, the at which, damage, pecuniary no cause and honor my endanger to aim the with treatment, degrading and torture mental to exposed was I 2009, “During researcher: YIHR told Leković treatment. degrading for Bar from “Korali” company tourist and Hotel of director Almost 20 employees at the “Dairy Company” employees20 Almost “Dairy the at Podgoricain organized strike Senka Rastoder, employed at the Association of independent Trade unions of for protests announced Plužine in factory Electrode the at Employees Nearly 23 employees at the company AD “Plavsko jezero” protested, requiring employees former of protesting and gathering prohibited PoliceDirectorate Executive accused and researcher YIHR addressed Bar from Leković Vera

XII ECONOMIC AND SOCIAL RIGHTS 95

published. Those reports noted progress but also numerous areas that are of great concern. XIII Reports onthestateofhumanrights freedomhouse.eu/index.php?option=com_content&view=article&id=321:nations-in- (www.2010, 29, June on published was Freedomwhich 2010”, of transition in report “Nations House second The points. 37 with position 80th at was Montenegro and free, partially were media where country the was Montenegro that mentioned freedomworldonthemedia(http://freedomhouse.org/template.cfm?page=533) inof procedures. conducting for deadlines of respect of administration, lack of work slow to related still been complaints had report, the According to bodies. poorpublic some efficiency of of consequence the mostly were which violations individual were there still, Ombudsman’sassessments, generally, humanrightsfreedoms toand respectedbeen had (www.ombudsman.co.me/izvjestaji.php). According Montenegro of Parliament violence infamily, discriminationofwomen,andhomophobia. intolerance, religious persons, displaced and Roma of position poor defamation, of assaultson journalists and high fines against journalists and media for the criminal act physical officers, police of impunity detention, for premises and prisons in conditions poor torture, police cases, processing court no with corruption level high assaults, courts,onincreased levelpoliticallyof motivated violence, impunitymurders for and eur/136048.htm) which was published in March, 2010, identified the impact of power Department on the state of human rights for 2009 (www.state.gov/g/drl/rls/hrrpt/2009/ institutions gave incorrect data intending to hide realistic situation. The report of State punishingcommitters representatives some torture. stated report that toofThe of of failure, important they mentionedan inefficientAs behavior. investigations degrading andand court proceduresinhuman whichtorture, may lead of cases numerous were there that indicated and problems numerous contained report The kept. be may or Montenegrinto institutions,movementlimitedfreedom personswherewithwereof mne/2010-03-09-eng.htm)which was developed (www.cpt.coe.int/documents/after the2010 visit ofexperts Mayof this body in report the published Europe of Council of torturepreventionof achieved. Committeefor of been had country stabilization the situationin general that and legislation, anticorruption of adoption elections, a free country and that the progress had been achieved in organization of ParliamentaryAt the beginning of the year, Freedom House stated in its report that Montenegro was uig 00 mr rprs eae t hmn ihs n otngo were Montenegro in rights human to related reports more 2010, During During 2010, Freedom House published two more reports. The first report first The reports.more twopublished FreedomHouse2010, During the to 2009 for report Ombudsmanthe sent of Office 2010,March31, On

XIII REPORTS ON THE STATE OF HUMAN RIGHTS 97 98 XIII REPORTS ON THE STATE OF HUMAN RIGHTS of expression was still endangered through threats to journalists; high fines were still were journalists;fines endangeredstillhighexpressionthroughthreatsto was of Romaminorities werestillfacingdiscrimination conditions,poorand whilefreedom statedthatprogressthe processingin crimeswarthrough indictments made,wasthat thereport.amnesty.org/sites/default/files/AIR2010_AZ_EN.pdf#page=177). The report concerning level. at wasEgyptians and Askalia,Roma, of status that added and marginalizedgroups and vulnerable of protection for regulations of implementation better on made be should efforts additional that stated also report The mentioned. were justice to access better for need tortureinhumanimplementationbehavior,andareasof in law the ofprison system, and also, but welcomed was protocol optional and torture against additionalmake provide efforts to freedomexpression. of Ratification Convention of Montenegroshouldstrengthen law,ofrulethe independence courts;oftohadthat it (www. world the in consilium.europa.eu/uedocs/cmsUpload/A4_HR_200pp_EN_def.pdf) rights human of state indicated the that on report EU The 2008. from rating notsignificantly make progress democraticin reforms thatand in manner, kept it the did Montenegro that stated transit-2010&catid=46:nations-in-transit&Itemid=121) control ofmedia,censorshipandauto-censorship, andtherole ofauthority init. the basis of more areas such as physical assaults, threats, pressures,when the accesscountry was atto 77th information,position. Reporters without limits measure the index on previous year, the compared with significantwhen fall, waspositionwhich 104th at en.rsf.org/spip.php?page=classement&id_rubrique=1034 ) stated that Montenegro was funds is poor or it does not exist. The report of Reporter without limits for 2010 (http:// do not satisfy basic criteria of transparency. While monitoring and control of spending proceduresand unequal.arecases,manyallocatedfundshavebeenInNGOsthat to six million EUR. However, the process of allocation of funds is not enough transparentwell as from local self-governments, and planned amount from these funds was almost showed that NGOs received finances from more addresses at the level of the country, as Transition (CDT)Democratic on for financingCenter nongovernmentalof Research organizationsdefamation. for from thecomplaints budgetthrough funds emphasized rhetoric and complaints against NGO activists. Violation of freedom of expression was through reflected was which sector NGO of work on country the of impact negative Montenegro, but only hundreds of them were active. The report emphasized increased in registered nongovernmental were organizations 4.500 that stated document.pdf) Asia(www.usaid.gov/locations/europe_eurasia/dem_gov/ngoindex/2009/complete_ not resolved. Report of USAID on progress of nongovernmental organizations in Euro- pronounced after verdicts for defamation, while politically motivated murders still were Amnesty International also published report on the state of human rights (http:// human rights and on the other hand, authority rarely ignored reports of citizens and of violation reported often and free were citizens that was positive as registered was • XIV Conclusionsandrecommendations of projects and allocated finances of Fund for minorities for 2009, in the amount of amount the in 2009, for minorities for of Fund finances allocated and projects of control the initiate Board should The function. control on work additionally should it period following the in but progress made freedoms and rights human for Board sector. NGO with cooperation Parliamentary good achieved Ombudsman of Office is important to encourage the Office additionally because of extending competences. it but registered was Ombudsman of Office Progressof areas. other from rights and projects on protection of rights of other minority groups, prevention be of to discrimination and activities more initiate failed should Ministry the period, following the minorities, In conducted. sexual especially but rights minority other and human of area the in activities equality,but gender and minorities ethnic of rights of area the in activities conducted rights minority and human for Ministry 2010, In persons. professional of employment and activities planned all of realization for enough not are rights human with dealing institutions of Budgets level. satisfying at not are still • areas ofhumanrights. making employees more sensitive not only on rights of ethnic minorities but on other on training of employees in national institutions dealing with human rights, but also, activities organized be should period following the In laws. these of implementation better for servants civil of education for used be should laws these of adoption until Periodorganizations. national and institutions international by submitted were that recommendations of respect with delay no with and jointly adopted be should laws human rights and freedoms, and Law on election of councilors and MPs. These three inthe of Protector on Law will aid, legal free on Law of political adoption faster for enough legislation, of area not is There 2011. in prolonged and be adopted, shall not period was that Ombudsman on Law because 2010, in applicable not was discrimination of prohibition on Law that is concerns also What satisfying. not is practice in framework that of implementation but Montenegro, in exist freedoms • status ofdisplacedpersons,violenceinfamily, economicandsocialrights. Roma, of position rights, minority persons, positive HIV of status discrimination, torture, freedom, religious violence, freedom motivated politically were past, facing areas expression, of These level. concerning at still is rights human of respect and processed them more than previously. Nevertheless, in certain areas level of protection aaiis f ulc ntttos eln wt poeto o hmn rights human of protection with dealing institutions public of Capacities and rights human of protection for framework institutional and legal Good What rights. human of respect in made not was progress satisfying 2010, In

XIV CONCLUSIONS AND RECOMMENDATIONS 99 100 XIV CONCLUSIONS AND RECOMMENDATIONS cooperation has been achieved with YIHR. YIHR also good achievedrelatively and good openness, showed cooperation andpublic affairs with Internal affairs in Employees administration. ofinternal ofMinistry competence under 2010. came in affairs rights Internal human respecting in progress made ZIKS and Directorate Police • ordered crimes. and should include command chain, the ones who inspired crimes and the ones who slow and inefficient and did notwere provide investigations convictions. Indictments very have tothe be widened and crimes, of processing on long too for waited been while processing of the ones who gave orders and responsibility the of ones chain who inspiredthe crimes. of Itlevel lowesthad the at bodies persons or judicial executors only included national before crimes war Processed slow. very is Montenegro of • is praiseworthy. of monitoring conducted had it allocated emphasize finances which is not obligatory. Quality of did inter-party cooperation in the minorities Board for Fund Board, 900.000 EUR, by National Audit Institution. The report submitted to Parliamentary officers who were convicted and who violated human rights, which would contribute colleagues in committing torture. YIHR invites Police their prevent not Directorate did who and officers police ZIKS include also to committed should Investigations dismiss torture. for responsible persons of sanctioning to lead shall that investigations and effective efficient, fast, conduct criminal to have Offices Prosecution filed competent charges, all For finished. been not have investigations torture, for and officers violation police against submitted citizens of charges after but person official of is still present and is reflected through delivering of verdicts against citizens for assault investigations for violation, torture, inhuman and degrading treatment. Victimization efficient and fast conduct to obligation legal have Publicinstitutions damaged. were Nikezić Dalibor and Milić Igor when ZIKS, in officers of treatment degrading and yet criminal charges submitted at the beginning of 2010 in case of repeated violation processed duringnot has Office delivered Prosecution Public ZIKS, were in torture torture on Statements 2010. for officers police against Verdicts ZIKS. in rights human of researchdirect of forms other and visits organizing provides ZIKS YIHR which of Management unit with signed Regional was the cooperation of on detainees Memorandum Podgorica. for premises visited that team also the YIHR in of participated Representatives Berane. and Podgorica unit Regional of heads and Directorate Police of VeselinVeljović,Director with met YIHR of Representatives detainees. for Police the of premises to visit and meetings more Directorate,Police the management of ZIKS and Police Directorate. More activities were organized with ae o true ihmn n dgaig ramn eit n Montenegro. in exist treatment degrading and inhuman torture, of Cases territory the at committed were that crimes war of processing Generally, Prosecutionby Office Public who have also become time-barred. Public investigations Prosecution Office has and of processes conduction inefficient of cases are There but as n Law on Ombudsman failed to be adopted, that obligation was not respected. was Montenegro employees. obliged to form of national mechanism until the end of 2010, for prevention of torture number exceeding as such problems resolving to principles, which damages NGO activists, citizens and the state. PublicProsecutionstate. the and citizens activists, NGO damages which principles, democratic to opposite sector, civil towards state the of attitude negative represent also crime organized and corruption researching with dealing representatives ANB NGO of target the be not should investigations. Investigations conducted by Public Prosecution Office on activities of crime organized and corruption with dealing representatives NGO sector. civil with cooperation and confidence of level higher increaseto has security levelnational the responsibilityfor of Agency developto and rhetoric and organizing informative conversations with NGO through activists reflected and was and journalists. noticed was institutions public by sector civil of endangering work of and attitude negative 2010, During citizens. among intolerance and division, violence, cause may that statements from themselves control to obliged are on divisions, intolerance, hostility among citizens. Politicians and other public figures development of political culture often, and in their public addressing they encourage to contribute not do parties political of Representatives institutions. Croatian with efforts to provide freedom of movementadditional and safety tomade all citizensshould through cooperation Montenegro in Institutions situation. such of suppression to contribute not does misdemeanor for units Regional before figures public other and politicians on assaults of sanctioning and Processing act. criminal the as them in assaults qualify to and state the in situation the towards standpoint critical have councilor DPS of Dušan house Đuretić. Competent the public institutions and findout are near obliged to protect yard individuals who the in device explosive investigation throwing of efficient motifs conduct should Police The investigation. of results the with public introduce to has also it and citizens pressuring of form the as dismissals with threats also but campaign the in finances public using on statements investigate to have institutions Competent campaign. fair on memorandums signed previously respect not Politiciansdid elections. in participated who entities political of reports and incidents, communication, of took level lower elections by marked were Local and place enlarged. was incidents and assaults number 2010, motivated In politically level. of satisfying at not is violence motivated politically of cases • Publicthe court. Prosecution Officehastobe responsiblefortime-barred cases. rights, in fast and efficient manner and the responsible ones should be sanctioned by human of violation of cases other and torture to related statements all investigate to oiial mtvtd ilne s tl a cnenn lvl Poesn of Processing level. concerning at still is violence motivated Politically

XIV CONCLUSIONS AND RECOMMENDATIONS 101 102 XIV CONCLUSIONS AND RECOMMENDATIONS rvd rglr ok o al orait.Vrit fr eaain r sil o high too still are defamation for Verdicts journalists. all for work also regular should provide they and letters, threatening of sending and assaults, threats, for ones responsible of sanctioning and revealing in result would that investigations efficient and fast conduct to have bodies Competent made. been not has period, previous in DuškomurderDAN, JovanovićprocessingEditora of of assaults physical other and announced appeals against journalists and NGO activists were registered. Progress in • adjust tariffsoflawyers tostandard ofcitizens. practice. Lawyer’s tariffs are too high. It is necessary that Bar Chamber of Montenegro in implementation better provide would that recommendations adopt and Law this not been adopted yet. Ministry of justice should accelerate the has process of adoption Aid of Legal Free on Law because justice to access to right their exercise not may • in suppression ofintoleranceby theirstatements. churches should contribute to development of tolerance of and adopting other Heads believers present. still is community Islamic in sides two and churches, Orthodox two of supporters of Intolerance partner. their as sector NGO accept to has Office persons, Roma, women, and sexual minorities. sexual Roma,and Verdictpersons, women, PodgoricaHigherin of court • to give assoonpossible. them backtheirproperty important very is communities. It religious to property nationalized returned not has state The regulating relation on of the rules state and legal religious communities new and position of of religious adoption communities. initiate to important is It communities. objects. There are no clear legalrules on financing and financial obligations of religious Other church representatives did not show solidarity after objects. assaults religious on and specificcommunities religious religious of representatives attack who ones the committers. against sanctions Competent judicial institutions have to adequate conduct efficient investigations have and sanction properly not did they and registered • theirduties. while performing equipment, professional their away taking as such acts and threats from journalists protect to have institutions public Competent Ethics. of Code Journalist exceeded existence. Courts have to impose measured fines in cases whichand define that journalist work their endanger seriously which media and journalists to earlier imposed contribute to freedom of expression and development of democracy. High fines were significantly would which rights human for court European of practice respect fully should Courts work ofmedia move. positive are verdicts on the liberating First figures. public other astrain and put significantly which finances high require and reo o epeso i a cnenn lvl Icdns vrit, threats, verdicts, Incidents, level. concerning at is expression of Freedom citizens of number Large Law. the by regulated been not has aid legal Free Discrimination is present in the society and it mostly happens to disabled to happens mostly it and society the in present is Discrimination were basis religious on Incidents endangered. still are freedoms Religious of Andrija Samardžić to enter into the restaurant “Carine”. All providers of public of providers All “Carine”. restaurant the into enter to Samardžić Andrija of atherjob return to position. Discrimination of Mugoša persons Marijana using guide allow dog is being and continues by verdict prohibition final the execute should city Capital The yet. executed been not of has city Capital decision the in after ones competent position, the job her at return to Mugoša Marijana provided which responsible persons. Public against bodies implementing of antidiscrimination court laws have competent to type give before this indictments presented processed not not has and has discrimination Montenegro, of Code Criminal the to according Office, Prosecution Public Also, doctors. of names contained signatories of list the that aspect very the from especially and petition the of signatories of statements and • protect disabilitychildren discrimination. from further to aim the with Montenegro, of Constitution the and laws to according obligations delay,and a measures without all undertake to institutions competent invites YIHR Therefore,dignity. and honor their protect to and disabilities mental and physical with children protect and react to failed institutions Public discrimination. direct near Danilovgrad, which seriously concerned after several statements, and represented education on mother language. YIHR severely criticize behavior of citizens in Gorica, to right exercise fully to communities ethnic of representatives all to provide to has ineducational Montenegro,of ministry system competent discrimination, to contribute not would language official the as language, Montenegrin of introduction As develop the policy of adopting different groups in the society and invite on tolerance. better statusofsexualminorities.Firstly, ithastoeducate establishing and prejudices eliminating on activities initiate to has state the reason, discriminated and researches show that the level of social distance is the too high. For be that still have In minorities Sexual provided. be should system system. the of institutions public the other and political of in women of institutions affirmation and through integration full period, represented following not are and have, men salaries than lower are that MONSTAT,salaries of have data women to According grounds. many on discriminated been have society Montenegrin in Women cases. basis is still continuing. The state has to act preventively in order to eliminate similar religious on Discrimination area. this in functionaries public high of education on marginalized of activities undertake not has state the rights nowadays,Until statements. their with groups and discrimination for insensibility showed functionaries period, the state should undertake activities on that ground. During 2010, numerous following the in and employees, and servants civil of education to related activities initiated not has state The future. in discrimination execute to not and employees areservices obliged to respect the Constitution and laws of the state, to educate their Medics chamber of Montenegro has not expressed its opinion on the petition its high officials and officials high its

XIV CONCLUSIONS AND RECOMMENDATIONS 103 104 XIV CONCLUSIONS AND RECOMMENDATIONS the competition for allocation of funds. The state and municipalities should have should municipalities and state The funds. of allocation for competition the that resolve to opening before is year each for defined be to have they important and Prioritiesproblem.change how into consideration and exist, society betaken the in problems the should where it on finances, allocating While period. that in actual problems of result the also are which defined, be should Priorities NGOs. to municipalities and state the by provided amount sufficient represents EUR million finances which are not transparent have also become the issue. Amount of almost six • test onHIV, tofindouttheirstatus,search forcare andtreatment theyneed. that would accept them as the part of the society where they would have more will to main role. Encouraging environment forHIVpositive personsshouldbedeveloped, discrimination, has to be eliminated at social level, via education that should have the and stigma society.the of in rootdeep-rooted the become in has lies Fearwhich prejudices, and to leads understanding of lack which changed, be very should disease towardsNegativethis standpoints discrimination. the because disease, as HIV of understanding appropriate for important is necessary,which is level social wider on Education persons. positive HIV of discrimination against fight to contribution full which finances had been received. Public audit institution should control financial control should for institution audit Public project activities received. been of had finances which of implementation monitoring for mechanisms define to penal provisions. Besides, important control of financial management, it is important with finances allocated of spending of control the and monitoring for mechanisms municipal level are different, or if they exist at all. It is important to introduce strong at organizations to finances allocating of Currently,criteria municipalities. all in it implement and funds for applying NGOs for exist should criteria Also, minimal unique finances. of saving and Commission rationalization to andprofessional contributes unique funds of allocation for establishing the process, of efficiency and transparencyincreasing Besides business. this with deal would that Commission the professionalize control, processto and making decision of previously criteria defined requiring introduce to important is It integrations, area. these in sector civil with Euro-Atlanticcooperation and progress and European are state the of priorities the projects in the area of democracy, human rights for and allocated fight being against is corruption, budget although state the from finances year.least Currently,given the the for state the of priorities with accordance in democracy…) issues, social culture, minorities, (for areas different for wise percentage in divide to possible is allocation fund. one to directed be Total should finances overall or place, one from performed be should budget state the from finances of Allocation municipalities. and state the do not take care of their priorities and policies while allocating finances to NGOs, are who Montenegro, in Currently, donors financing. only NGO the of access strategic Manner of allocating funds to NGOs and the very procedures of allocating of procedures very the and NGOs to funds allocating of Manner fulfill high standards of transparency, perform program and financial reports, have reports, financial and program state, transparency, perform of the standards high towards fulfill obligations financial pay regularly should they employees, and offices have should they period, specific some for function and exist should they – criteria specific satisfies which organizations, receive should municipalities and state the of Finances state’sfunds. the from funds receive which NGOs of management of displaced and internally displaced persons in Montenegro. Each solution has to has solution Each Montenegro. in persons displaced internally and displaced of issue would resolve that the solutions finding on activities region,initiate the should from Governments with jointly Montenegro, of Government The license. residence Large number of displaced person still is not able to provide documents for receiving EUR. 10 on reduced were etc, residences, card, Agency,EmploymentID receivingto applying temporary residence, permanent with foreigner of status the receiving are still too slow. In this period, were made some moves and administration taxes for exercisingresidenceand to persons residenceRegistrationright displaced licenses. of applying for residence license. The state has to find the way to simplify procedures for • educated fortheirimplementation. be should servants civil and possible as soon as adopted be should rights minority standards.international and defining Constitution Laws the with possible as soon as the society. Legislative framework in the area of minority in rights groups should marginalized be all harmonized to additional freedoms and rights make all of enjoy to full provide to has efforts state The yet. created been not have minorities sexual for Position of sexual minorities is at concerning level. Conditions for expressing identity died. persons Roma 37 Pat”“Missleast boat at the when sinking of accident the for in the society. Without a delay, competent bodies should process the responsible ones groups minority all to freedoms and rights of enjoy provide full to efforts additional make to has state the period, following the In rights. minority exercising in impact yet. It is important to strengthen capacities of National councils additionally, and established been their not have violations, eventual on speculations eliminating at aiming councils, National of work of control better to and contribute ofminority.would that Mechanisms represented of representatives sub number specific are employ should minorities institutions public researches, current to According concerns. • acts wouldbeputoutoflegalforce. legal existing of provisions is, law,that one in NGO of functioning to related rules all of Codifying implementation. its for important bylaws appropriate of adoption to and organizations, Nongovernmental on Law of amendments comprehensive to access to important is it recommendations, mentioned above all fulfill to order In (Assembly,structure organizational functional and democratic Management Board). ag nme o dslcd esn fcs ih olcig ouet for documents collecting with faces persons displaced of number Large especially RomaStatuslevel. of satisfying at not are still minorities of Rights

XIV CONCLUSIONS AND RECOMMENDATIONS 105 106 XIV CONCLUSIONS AND RECOMMENDATIONS occurred during employment are in very difficult position and the state ahs to initiate that disabilities with Persons engagement. union trade sustain not should they and protected be should unions trade of Representatives rights. workers of violation of form each sanction should and respected fully are rights workers that guarantee to has state The vacation. to right unused and insurance pension wages, and severances protestswere organizeddisrespect of because Saleof collectiveand unpaid contracts, • existence. their for important is which minimum the under is and concern causes Podgorica, in Konik, in camps residing Kosovo, from Roma displaced of position the because primarily related to the Government of Montenegro and the Government of Kosovo, position of displaced and internally displaced persons in Montenegro. This should be EU, that each Governments of the the region be to included in Balkanresolving in resolving the future on countries of accession future to condition as require, to have regional character. Representatives of the European Union and European Commission satisfy of be should should problem this Resolvinglives. better providethem would standardsthat them, to offered conditions and persons, displaced by approved be rights are violated,accesstojustice. whose providecitizens, to aim the with state, the in wage average and minimal with has to influence on reducing tariffs of lawyers and their determination in accordance state The workers. of unions trade of representatives with made labor, on contracts activities that should change the current situation. Employers have to respect collective Economic and social rights in Montenegro are at concerning level. Numerous