The draft Analysis of the rights of persons deprived from liberty in non-criminal proceedings was presented during an online working meeting on 15 October 2021.
The Analysis seeks to assess whether Montenegro authorities, in the course of the COVID-19 pandemic, have complied with the EU and international standards of rule of law, in the context of adopting or implementing measures relating to administrative detention (that is, detention not ordered in relation to criminal responsibility).
Following the presentation of the main findings of the Analysis, the relevant national counterparts provided their feedback on the recommendations concerning the deprivation of liberty, treatment of foreigners and persons with mental disabilities. Particular focus was put on the fact that deprivation of liberty, in any form, must be lawful, while the laws by which a person is arrested should be clear, certain, foreseeable, accessible and non-arbitrary. COVID-19 pandemic or any similar extraordinary situation cannot absolve of the obligation to use only lawful measures in depriving individuals of liberty.
Once finalised, the Analysis will provide valuable tools for protecting human rights during extraordinary circumstances, such as COVID-19 pandemic, to the legal practitioners in Montenegro.
The Analysis was developed within the action "Improved procedural safeguards in judicial proceedings in Montenegro", that is a part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.