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Montenegro 2020 Human Rights Report

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Montenegro 2020 Human Rights Report MONTENEGRO 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Montenegro is a mixed parliamentary and presidential republic with a multiparty political system. Voters choose both the president and the unicameral parliament through popular elections. The president nominates, and the parliament approves, the prime minister. An observation mission of the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe stated that the August 30 parliamentary elections were overall transparent and efficient, but highlighted that the ruling party gained an undue advantage through misuse of office and state resources and dominant media coverage, which undermined the quality of information available to voters. Milo Djukanovic, president of the Democratic Party of Socialists was elected president in 2018 with nearly 54 percent of the vote in the first round for his second term as president. He had already served six terms as prime minister. Observers from ODIHR, the European Parliament, and the Council of Europe’s Parliamentary Assembly noted the election proceeded in an orderly manner but had minor irregularities that did not affect the outcome. Despite opposition protests, elections were generally considered free and fair. The National Police Force, which includes Border Police, is responsible for maintaining internal security. They are organized under the Police Administration, which is independent from the Ministry of Interior and report to the police director and, through him, to the prime minister. The Armed Forces of Montenegro are responsible for external security and consist of an army, navy, and air force that are overseen by the Ministry of Defense. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses. Significant human rights issues included: allegations of torture by the government; arbitrary arrest or detention; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression; substantial interference with the freedom of peaceful assembly and freedom of association; serious acts of corruption; crimes involving violence or threats of violence targeting persons with disabilities, members of national/racial/ethnic minority groups, or indigenous people; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons. MONTENEGRO 2 Impunity remained a problem, and the government did little to identify, investigate, prosecute, or punish officials who committed human rights abuses. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings There were no reports that the government or its agents committed arbitrary or unlawful killings. Oversight over police is provided by the parliament, a civil control council, and an internal control unit within the Ministry of Internal Affairs. Parliamentary oversight in the area of security and defense is conducted through the Committee for Defense and Security, which conducts hearings and audits the activities and budget of entities responsible for security and defense, including police, as well as deliberating draft laws and amendments touching on the security sector. The Council for Civilian Control of Police Operations assesses the use of police powers regarding the protection of human rights and freedoms and provides reviews and recommendations to the minister of interior for action. A Ministry of Interior unit conducts assessments of the legality of police work, particularly in terms of respecting and protecting human rights when executing police tasks and exercising police powers. The Office of the Protector of Human Rights and Freedoms (Ombudsman’s Office) also has oversight authority over police. It can investigate claims submitted either by the public or on its own initiative for suspected violations of human rights or other illegalities in the actions of police. b. Disappearance There were no reports of disappearances by or on behalf of government authorities. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment While the constitution and law prohibit such practices, there were reports alleging that police tortured suspects and that beatings occurred in prisons and detention centers across the country. The government prosecuted some police officers and prison guards accused of overstepping their authority, but there were delays in the court proceedings. Nongovernmental organizations (NGOs) noted that several police officers found to be responsible for violating the rules of their service, including cases of excessive use of force, remained on duty. Country Reports on Human Rights Practices for 2020 United States Department of State • Bureau of Democracy, Human Rights and Labor MONTENEGRO 3 On July 14, the NGO Human Rights Action (HRA) issued a public call for authorities to investigate “urgently, thoroughly, and impartially” allegations that police tortured three individuals suspected of being connected with the 2015 bomb attacks on the Grand Cafe and the house of former National Security Agency officer and current police officer Dusko Golubovic in late May and early June. All three individuals submitted separate reports to the Basic State Prosecution Office in Podgorica containing identical allegations of police torture by application of electroshock devices to their genitals and thighs, brutal beatings using boxing gloves and baseball bats, and other cruel methods, such as threatening to kill them and playing loud music to drown out their screams during the interrogation to extract their confessions. The three individuals were Jovan Grujicic, the main suspect in the bombings; Benjamin Mugosa, who was initially accused of participation in the attacks, although the charges were subsequently dropped when it was revealed that he was in prison at the time of the bombings; and MB, an alleged witness who was said to have testified that Mugosa and Grujicic executed the attacks before the charges were dropped against Mugosa. The HRA claimed that the accusations of torture were not based solely on the descriptions provided by the three individuals but also on photographs of MB’s injuries, which were published by the media outlets Vijesti and Dan. The European Commission and several foreign governments quickly issued statements urging the authorities to carry out, without delay, a comprehensive, transparent, and effective investigation into the torture allegations in accordance with international and European standards. Media outlets and NGOs also cited the findings from a 2017 visit by the Council of Europe’s Committee for the Prevention of Torture (CPT), which noted allegations of police mistreatment, including “punches, slaps, kicks, baton blows, and strikes with nonstandard objects, and the infliction of electrical shocks from hand-held electrical discharge devices.” Most abuses were alleged to have occurred either at the time of apprehension or during the preinvestigation phase of detention for the purpose of extracting confessions. While the Basic State Prosecutor’s Office stated that police acted in accordance with the law, an investigation is ongoing. The HRA questioned why prosecutors ordered forensic medical examination of bodily injuries immediately upon a receipt of the reports of the two persons claiming torture but did not order a similar timely investigation upon receipt of the report from Grujicic. The HRA released a Country Reports on Human Rights Practices for 2020 United States Department of State • Bureau of Democracy, Human Rights and Labor MONTENEGRO 4 public letter to Supreme State Prosecutor Ivica Stankovic, asking him to check whether and when a forensic medical examination of Grujicic was ordered and to request that Grujicic be allowed to continue receiving psychiatric treatment and medicine that had been suspended as a result of his arrest. The HRA did not receive any response to its requests to prosecutors for updates on the case on behalf of Grujicic’s family. In August the HRA submitted a request for the UN special rapporteur on torture, Nils Melzer, to investigate the allegations of torture and had not received a response by year’s end. The Ombudsman’s Office’s investigation into the allegations was ongoing at year’s end. In early November the Basic Court in Podgorica issued a verdict acquitting Grujicic of the charges of bombing the Grand Cafe and Golubovic’s house. Impunity remained a problem in the security forces, particularly among the police and prison officers. Domestic NGOs cited corruption; lack of transparency; a lack of capacity by oversight bodies to conduct investigations into allegations of excessive force and misuse of authority in an objective and timely manner; and the ruling political parties’ influence over prosecutors and officials within the Police Administration and the Ministry of Interior as factors contributing to impunity. Despite the existence of multiple, independent oversight bodies over police within the Ministry of Interior, parliament, and civil society, NGOs and the Council for Civilian Control of Police Operations noted a pervasive unwillingness of police officers to admit violations of human rights or misuse of authority committed by themselves or their colleagues. To increase respect for human rights by the security forces, authorities offered
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