With the aim of addressing the issues of harmonisation of penal policies in the area of gender-based violence cases, the Action is developing a comprehensive Analysis of the legislative framework and existing court practices in relation to domestic violence. The specific focus is given to alignment of domestic legal practice with the relevant case law of the Court in Strasbourg (Articles 8, 3 and 14 ECHR) and with the requirements of the Istanbul Convention.

Despite considerable efforts deployed by Montenegrin authorities to eradicate all forms of violence against women, the impunity remains a problem, not only for the perpetrators but also for the State actors who failed to take appropriate action in relation to cases of domestic violence. Therefore, it is essential for Montenegro to ensure effective mechanisms to hold perpetrators accountable of their actions and to address any reluctance of the State to effectively prosecute crime.

With that aim, the first expert mission took place on 12 and 13 November 2018, during which the Council of Europe consultant had meetings with relevant national counterparts to discuss the possible solutions for more harmonised and dissuasive penal policies sanctions for acts of domestic violence. The Analysis will be finalised by the end of March 2019.

The activity is organised within the framework of the Council of Europe Action entitled “Fighting ill treatment and impunity and enhancing the application of the European human rights case law on national level” which is being implemented in Montenegro under the joint Council of Europe and the European Union programme “Horizontal Facility for Western Balkans and Turkey”.