Back Published Manual on conducting effective investigations in the cases of ill-treatment

Published Manual on conducting effective investigations in the cases of ill-treatment

The Manual on conducting effective investigations in the cases of ill-treatment has been published within the scope of activities aimed at strengthening the judicial response to the cases of ill-treatment. The document represents a useful tool in the daily work of legal professionals and will serve to state prosecutors and police officers during investigations into the allegations of torture and other forms of ill-treatment.

The aim is to ensure that state prosecutors and police officers exercise their powers and duties, as defined by the Criminal Procedure Code (CPC) and other laws, in accordance with the European standards of effective investigation of torture and other ill-treatment. The Manual was developed bearing in mind that an effective investigation implies an obligation to apply all reasonable steps that could lead to identification and sanctioning of the perpetrators. It is available in Montenegrin and English language.

The Action "Improved procedural safeguards in judicial proceedings in Montenegro" is a part of the joint EU/Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.

Podgorica, Montenegro May 2020
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What is the goal?

  • To support Montenegrin authorities to further align procedural rights of victims, accused and suspected persons with the EU acquis and the European Court of Human Rights’ standards;
  • To facilitate access to free legal aid system;
  • To enhance human rights education through establishment of legal clinics at the faculties of law;
  • To strengthen legal certainty for citizens through consistent application of EU acquis, the European Court of Human Rights’ case law and reinforced judicial dialogue in the field of human rights. 

Who benefits from the Action?

  • Citizens of Montenegro affected by judicial proceedings, who will be able to fully enjoy their rights and legal certainty;
  • Constitutional Court, Supreme Court / courts, Prosecution Offices, Ministry of Justice, Ministry of Labour and Social Welfare, Minister for Human and Minority Rights, Judicial Training Centre, State Agent before the European Court of Human Rights, Police Directorate, Law Faculties, Bar Association, Free Legal Aid Offices and Human Rights specialised NGOs. 

How will the Action work?

  • Through development of recommendations for legislative and policy changes and support in their implementation;
  • Through development of recommendations for enhancement of the access to justice, particularly for marginalised and vulnerable groups;
  • Through establishment of pilot legal clinics at the Montenegrin Law Faculties;
  • Through regular inter-judicial meetings and exchanges of experiences and practices between legal practitioners.

What do we expect to achieve?

  • Procedural rights of victims, accused and suspected persons are harmonised with the European Union legal framework and the case law of the European Court of Human Rights
  • Improved access to free legal services for vulnerable and marginalised groups
  • Enhanced human rights dimension in the educational cycle under the auspice of Law Faculties
  • Improved legal certainty for citizens through consistent application of legislation and reinforced inter-judicial dialogue in the field of human rights

How much will it cost?

  • The total budget of the Action is 900 000 EUR;
  • The budget allocated to the overall Horizontal Facility programme amounts to ca. 41 Million EUR (85% funded by the European Union, 15% by the Council of Europe).

How to get more information?

  • Human Rights National Implementation Division: https://www.coe.int/en/web/national-implementation/montenegro-improved-procedural-safeguards-in-criminal-proceedings
  • Horizontal Facility website: https://pjp-eu.coe.int/en/web/horizontal-facility/home
  • Marija Simić, Horizontal Facility Communication Officer, [email protected], +381 63 601 337
  • Besnik Baka, Horizontal Facility Communication Officer, [email protected], +355 69 217 8430