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THE COUNTRY: HUMAN RIGHTS Three verdicts for torture were rendered before European Court of Human Rights in Strasbourg. In terms of the verdict in the case Bulatović, a violation of rights has been determined because of the poor conditions and duration of the detention. As per the Milić/Nenezić case, it was determined that the decision of the public prosecutor to reject criminal charges was not based on an adequate assessment of all relevant facts, especially taking into account the findings of the Ombudsman and the disciplinary procedure and evidence of violations and of the excessive use of force. In the case of Siništaj and others, among other matters, Montenegrin authorities did not examine and did not investigate visible physical injuries, and an investigation conducted by internal control was not assessed as independent. In October 2015, CA reported and afterwards registered several cases of torture, in which competent public institutions did not conduct fast, efficient, and effective investigations that would lead to sanctioning of all violators of human rights. Cases of long court trials for inhumane treatment and punishing were also registered, and are still in process. Competent institutions, primarily Prosecution Offices, did not investigate efficiently and effectively all allegations that police officers had violated human rights, and the largest portion of cases have not been completed with the final sentencing of accused persons. Only two police officers, members of the Special Anti-Terrorist Unit (SAJ) were deprived of liberty in the case of torture of Mijo Martinović. Police officers did not want to cooperate in investigation, rejecting to identify colleagues who participated in beating up of Martinović Photo: www.cdm.me 11
10 YEARS OF INDEPENDENCE - INSIGHT VIEW CIVIC CONTROL OF WORK OF THE POLICE Insignificant powers of the Council Control of the police in Montenegro is exercised by parliamentary, civic, and internal control. Forms of control of the police are different, but are not coordinated or synchronized. Just before the renewal of Montenegrin independence, civic control of the police was established. Civic control of the police turned out to be a very efficient mechanism in practice that contributes to police integrity and to the democratic management of the police, improving the transparency of the police, the rule of law, and the respect of human rights and freedoms. However, the Council possesses the least, almost insignificant, authority. 1 The Council delivers assessments, opinions, and recommendations related to police actions. Afterwards, the Council submits this to the Minister of Interior, who is obliged to inform the Council on undertaken measures, which do not occur often in practice. This is especially registered in cases describing the police as discredited. Although citizens and police officers may address the Council, addressing of the police officers is very rare. This further indicates on a significant closeness of the police organization, and a fear to report non-ethical, illegal, unprofessional acts, and acting that violates human rights and freedoms. Control of the police that has been reformed since 2005, will achieve its full success and purpose when complaints and reports against police officers, related to violation or nonprofessional use of police authorities, outnumber complaints against citizens. “Police silence” hides brutal violation of human rights Uncovering the facts of brutal examples of human rights violations is often not possible because of the so-called “code,” (sometimes referred to as the rule, police silence, police solidarity, or “loyalty”) found even in cases of violations of ethics and complete illegality. Despite its limited capacities and resources, the Council developed the practice of reporting on the respect of human rights in the practices of Montenegro’s police authorities (www.kontrolapolicije.me). 1 Text of Aleksandar Zeković, President of the Council for civil control of work of the police 12
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Page 6 and 7: Introduction Dear Madam/Sir, This p
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