The European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) has published today the report on its ad hoc visit to Montenegro, which took place from 7-13 June 2022, together with the response of the Montenegrin Government. To address the continued ill-treatment by the police and improve the poor situation of remand prisoners, serious measures need to be taken by the authorities, the Committee concluded.
Many allegations of serious physical ill-treatment of detained persons by police officers were received by the CPT’s delegation, the report highlights. These included allegations against officers from the Sector for the Fight against Organised Crime and Corruption, Special Units, criminal police and inspectors from a variety of different police stations located in several parts of the country. The allegations included slaps, punches and kicks to the head, abdomen, chest and arms and of use of ‘falaka’ (strikes to the soles of feet), the grabbing and squeezing of suspects’ genitals, electro-shocks with dog collars along with inducing a sensation of asphyxiation through placing a plastic bag over the head of the suspect, threats at gun-point, threats of rape, and the stripping of suspects, tying them to a chair and dousing them with cold water. In addition, the delegation also heard of threats made against the children or other family members of the suspect to pressure them to make a confession or to impart certain pieces of information. In the Committee’s view, these alleged actions may well amount to torture.
Most of the alleged torture and/or ill-treatment occurred during the pre-investigation phase of criminal proceedings, apparently for the purpose of extracting information or a confession. In many (but by no means all) instances, these allegations concerned persons who had been summoned to police premises to give an initial statement or information, but who were not yet formally designated as a suspect. They had been summoned for “Informative Talks” with the police. Safeguards surrounding such talks must be strengthened.
The CPT, while welcoming the recent reforms and the commitment of the Government of Montenegro to improving this worrying situation, says that the measures taken by the Montenegrin authorities to address this long-standing phenomenon remain insufficiently effective. The report makes a series of recommendations and calls upon the Minister of the Interior, the Director of Police and regional police directors to actively promote a culture change within the law enforcement agencies. Further, police officers should be encouraged to report all cases of violence by colleagues through clear reporting lines to a distinct authority outside of the police unit concerned. Also, a robust legal framework for the protection of individuals who disclose information on ill-treatment and other malpractice should be put in place.
The current culture of police impunity must be ended; effective investigations into allegations of ill-treatment are essential to demonstrate that criminal acts by the police will be punished. The report recommends measures to improve accountability and oversight mechanisms and the adequacy of sanctions.
As for remand prisons visited, the CPT found that persons detained in the Remand Prison of Spuž Facility and the remand section of Bijelo Polje Prison were held for long periods in poor conditions and with a lack of any purposeful regime. The situation was exacerbated by the fact that pre-trial detainees were locked in their cells for 23 hours a day for months (and even years) on end, with numerous judicially imposed restrictions throughout the pre-trial period. The Covid-19 pandemic has served only to push a strained remand system even further, along with negative repercussions on detained persons such as the reduced visitation hours and obligatory lengthy quarantines.
In the Committee’s view, the cumulative effects of this situation for persons held on remand, notably at Spuž Remand Prison, together with a reduced frequency of contact with the outside world may well amount to inhuman and degrading treatment. The Montenegrin authorities should devise and implement a comprehensive regime of out-of-cell activities for remand prisoners, among other measures to remedy the situation.
In their response, the Montenegrin authorities refer to various steps concerning the specific cases highlighted by the CPT, training programmes, strengthening anti-ill-treatment safeguards, and measures to improve material conditions in prisons visited.
The report and response have been made public at the request of the Montenegrin authorities.
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The European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) visits places of detention in the parties to the European Convention for the Prevention of Torture in order to assess how persons deprived of their liberty are treated with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment. These places include prisons, juvenile detention centres, police stations, holding centres for immigration detainees, psychiatric hospitals and social care homes. After each visit, the CPT transmits a report containing its findings and recommendations to the government concerned.
More information:
- The report
- Government response
- CPT and Montenegro
- European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT)
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