NGOs Human Rights Action (HRA), Centre for Civic Education (CCE), Network for Affirmation of Non-Governmental Sector (MANS) and Institute Alternative (IA) submitted to the MPs seven amendments for improvement of legal framework for the NSA work, in order to prevent human rights violations by security structures.

In addition to what we pointed out during the past few days, i.e. that the authorities of NSA officials regarding direct insight into database of legal persons and electronic pinpointing of location should be limited and that these measures should be applied strictly based upon a decision of the court, amendments to the Law amending the Law on NSA should be more thoroughly standardised and other aspects of work of this institution and protection of rights of citizens should be further improved.

Namely, procedures for destroying information collected by the NSA which are not of security character should be prescribed by the law, because permanent storage of personal information in classified files would represent violation of the right to respect of private life.

Therefore, a ban on storage of “collaterally” collected information, or information not related to purpose they have been collected for, must be prescribed. Also, the NSA should commit itself to submitting the information collected after implementing secret surveillance measures for evaluation of legality of implemented measures to the Supreme Court. This implies that immediately after the ” the judge’s reading” a part of material not related to reasons for which the measures have been undertaken, or that relate to a different kind of personal data that are not of security character, should be destroyed while the rest of the material should be kept in registers.

We also prepared an amendment related to the obligation of the NSA to inform the citizens afterclosing a case, without their previous written request, on the measures undertaken against them, in accordance with their constitutional right.

Having in mind insufficient results regarding the internal control over the work of the NSA, a direct link should be established between competent parliamentary Security and Defence Committee and the general inspector in charge of internal control over the work of this body. Once again, we would like to remind that previous results of work of the general inspector are exceptionally modest. This inspector has not determined any unlawful application of secret surveillance measures or any other form of misuse by 2012. Also, despite the obligation to do so, the general inspector never submitted any reports on performed control neither to the Government nor to the director of the NSA. Therefore, the Law on NSA should prescribe the obligation of submitting an annual report on the work of internal control to the Committee. Thus, the pressure of the Parliament on internal control tocontiniously perform control and help processing officials that have exceeded their authorities and violated the law would be increased.

For the same purpose, it is important to delete the provision of the Law on NSA that, contrary to the Law on Parliamentary Oversight, limits individual right of members of the Security and Defence Committee to request data and information from the NSA.

Having in mind the aforementioned problematic provisions of the current law, necessity of reforms of security sector, and lack of thrust of citizens in the work of NSA, we call upon MPs to submit amendments to the changes of the Law on NSA, that are currently being processed in Parliament, in accordance with our proposals.

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Furthermore, MANS submitted proposal for amendments supported by 22 NGOs to all parliamentary clubs, based on which the provision of the Draft Law Amending the Law on NSA was amended, and which prescribes that an employee of the NSA with official identification can access all registers and databases in possession of all legal persons in Montenegro. The amendments propose that it should be prescribed that this measure can be applied only and solely based on the approval of the President of the Supreme Court , in cases when national security has been jeopardised by clearly listed circumstances.

The provision which we requested to be amended envisages that employees of the NSA who present official identification can have direct insight in all registers and databases in possession of all legal persons, without any written orderarrant, whereby subjects of surveillance do not have any right of complaint or court protection against such demand from NSA employee. Hence, the disputable provision from the proposed Law is contrary to the Constitution and laws of Montenegro, as well as to the case law of the European Court of Human Rights, and all relevant international conventions ratified by Montenegro.

Thus, we call upon all parliamentary clubs to sign the amendments, submit them to parliamentary procedure and adopt them at the plenary session, and thus stop violations of the Constitution and laws of Montenegro, as well as international legal acts ratified so far.

Signatories to the proposed amendments:

1. Human Rights Action (HRA), Tea Gorjanc-Prelević
2. Anima – Centre for Women and Peace Education, Ljupka Kovačević
3. Centre for Civic Education (CCE), Daliborka Uljarević
4. Centre for Monitoring and Research (CEMI), Zlatako Vujović
5. Women’s Right Centre, Maja Raičević
6. EQVISTA, Milan Šaranović
7. Green Home, Nataša Kovačević
8. Institute Alternative, Stevo Muk
9. Juventas, Ivana Vujović
10. Queer Montenegro, Danijel Kalezić
11. League of Women Voters in Montenegro, Mira Asović
12. Network for the Affirmation of Non-Governmental Sector, Vanja Ćalović
13. NGO Heart, Dušan Rakočević
14. NGO Young Roma, Samir Jaha
15. NGO Prima, Aida Perović-Ivanović
16. Shelter, Ljiljana Raičević
17. SOS Hotline for Women and Children Victims of Violence, Biljana Zeković
18. Association of Youth with Disabilities of Montenegro (AYDM), Marina Vujačić
19. Association of Youth with Disabilities Nikšić, Jelena Čvorović
20. Association of Paraplegics Bijelo Polje and Mojkovac, Milka Stojanović
21. Association of Old Crafts and Skills “Nit”, Smiljana Radusinović
22. Association for the Development of Civil Society from Bijelo Polje, Mirsala Tomić