On the occasion of the International Day in Support of Victims of Torture, which the United Nations marks every year on 26 June, Human Rights Action (HRA) indicates that Montenegro has not shown willingness so far to consistently provide for punishment for torture and other examples of ill-treatment in accordance with international human rights treaties, its Constitution and laws.

The mass beating of prisoners in January 2015, as well as police brutality against citizens in the context of protests in October 2015 remains inadequately prosecuted and punished. Only one prison officer was punished by a minimum penalty for grievous bodily harm inflicted on the prisoner, while the trial of ten members of the prison police for torturing 11 prisoners was delayed twice. Responsibility of prison administration and competent authorities in the Ministry of Justice in this case has not been investigated.

The police still successfully hides its officers who were involved in several cases of abuse of citizens in the context of the protest, although cases were recorded and violation proven. Concerning is the lack of prosecution of the police superiors for obstructing justice. With the exception of the recently accused commander of the Special Anti-Terrorist Unit, it is not yet known whether they will prosecute the superior police officers who obstructed justice starting from the failure to receive citizen complaints, through concealment of those who were involved in all cases of abuse.

Montenegro is not ready to fully protect and compensate victims of torture. Although it has recently shown a willingness for mutual agreement and to effectively indemnify Milorad Martinović because of the apparent torture he suffered from the police, the state, for example, is still on trial with a number of prisoners of the camp Morinj for abuses that have occurred there 24 years ago. Although it passed a special law for the compensation of victims of violence, which we hope will soon enable the establishment of a compensation fund for crime victims, the Law on free legal aid still does not include victims of police torture, although the law on internal affairs provides police officers accused of torture with free legal aid.

Montenegro should amend the definition of torture in the Criminal Code in accordance with Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and proscribe higher penalties and ensure that for the crime of torture does not expire the limitations period, in accordance with the recommendations of the Committee against Torture of the United Nations from 2014.

HRA reminds that the European Court of Human Rights in three cases declared Montenegro responsible for torture. In the Bulatović case (a judgment from July 2014) the reason was overpopulation in prison and the fact that Bulatović spent several months in a cell of 2.8 m2, below the EU minimum standard of 4m2 per person. In  Milić and Nikezić case (a judgment from April 2015) responsible for the violations of the Convention were prison guards and state prosecutor has not started a criminal prosecution for torture. In Siništaj and others case (from May 2016) responsible for the violations of the Convention were police officers and also the state prosecutor who did not recognize the crime and ensured prosecution.