MORE EFFICIENT HANDLING OF TORTURE AND GENDER-BASED VIOLENCE CASES IS KEY TO EU ACCESSION

Progress has been made in prosecuting cases of torture and gender-based violence. However, significant work still lies ahead for the institutions dealing with these cases, according to reports by Human Rights Action and the Women’s Rights Centre.

Between 2022 and 2025, 268 cases were opened against at least 424 individuals for abuse allegedly committed by state officials. Indictments were filed in every fifth case, half of the complaints were dismissed, while almost one-third of the cases remained unresolved, according to the HRA report, Effectiveness of Investigations into Ill-Treatment in Montenegro 2022–2025.

One of the report’s authors, Bojana Malović (HRA), pointed out that in the analysed period the largest number of complaints concerned the criminal offence of ill-treatment (140), followed by torture (23) and extortion of confessions (18). Data from the previous year are particularly worrying.

“The data show that reports of the most serious forms of abuse – torture and the extortion of confessions – are not decreasing, but increasing. Specifically, in 2025, the State Prosecutor’s Office received the highest number of reports of ill-treatment, torture and extortion of confessions (75) in the past four years, four times more than in 2022 (19),” Malović stated.

On the other hand, a binding instruction issued to prosecutors by the Supreme State Prosecutor in May 2024 has contributed to increased efficiency in prosecution. As a result, the indictment rate rose from 9.2% in 2023 to 27% - 32% in 2024–2025.

However, it was observed that in cases that last unjustifiably long, the obligation of supervisors to issue binding instructions is not applied consistently.

“Audiovisual recordings of interrogations were not used, and suspect identification procedures were carried out very rarely.”

Jovan Bojović, also an author of the report, notes that monitoring results pointed to key challenges in prosecuting cases of police ill-treatment.

“They stem from insufficient institutional coordination, ineffective enforcement of court orders—primarily by the police—as well as insufficient activity by the prosecution during proceedings and lengthy decision-making on procedural matters.”

Montenegro must protect human rights not only through legislation but also in practice, and must ensure a swift and adequate judicial response to ill-treatment, in line with the recommendations of the European Committee for the Prevention of Torture (CPT), said Tea Gorjanc-Prelević, Executive Director of the Human Rights Action.

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“However, those recommendations have not been met, as confirmed by recently leaked preliminary findings from the CPT’s third visit to Montenegro in the past five years. Particularly concerning is the fact that these findings, as well as the Government’s response, have been withheld from the public. We believe that the European path requires full transparency and decisive implementation of CPT recommendations to the greatest possible extent, already this year,” Gorjanc-Prelević said.

Shortcomings in addressing cases of gender-based violence

The NGO Women’s Rights Centre monitored 41 criminal proceedings in which the victims/injured parties were women—26 in Podgorica and 15 in Nikšić—across a total of 182 hearings. The monitoring of court proceedings was conducted from October 2024 to October 2025.

The report on monitoring court proceedings for domestic violence, presented by the report’s author Ana Jaredić, shows progress in the judiciary’s approach to victims’ rights. However, there is insufficient information for victims about the course of proceedings and access to free legal aid, meaning most victims did not have legal representation.

Furthermore, in a significant number of convictions (42%), no security measures were imposed, even though the risk of repeat violence was identified in many cases. Among the measures imposed, restraining orders predominate, while other measures are used less frequently and inconsistently, and the combined application of measures is not an established practice. The measure of removal from the shared home was imposed only once.

“Monitoring indicates that access to legal support is limited and that victims’ procedural rights are often exercised without professional assistance. When a legal representative was present, they were most often engaged at the initiative of the injured party herself. In contrast, the use of the free legal aid system was recorded in a smaller number of cases, indicating insufficient visibility or accessibility of this mechanism in practice,” the report states.

The Executive Director of the Women’s Rights Centre, Maja Raičević, said that the fight against violence is a long-term process, and that it is crucial for everyone to act in the same direction.

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“The fight against violence is not only a matter of individual protection, but a matter of justice, security and genuine commitment to the rule of law,” Raičević said.

Preventing torture is key to EU accession – joint action by institutions is essential

The Executive Director of HRA emphasised that the prohibition of ill-treatment is a fundamental value of a democratic society, which Montenegro must demonstrate in the process of accession to the European Union.

“However, this proof is still lacking. Given the inglorious history of uninvestigated and unpunished cases of torture, including those documented in Zlatar Street, the abuse of Milorad Martinović and the SKY communications, public trust in the rule of law has been seriously undermined. The impression of tolerance or even complicity by institutions is still present. Although certain steps forward can be observed, they are still not sufficient,” Gorjanc-Prelević concluded.

The Ambassador of the European Union to Montenegro, Johann Sattler, reminded participants of the obligations awaiting the country on the path to closing Chapter 23.

“One of the final benchmarks for this chapter is the implementation of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), as well as swift judicial proceedings in cases of ill-treatment. Without tangible progress in this area, Chapter 23 cannot be closed. Moreover, this is of key importance for Montenegrin society as a whole,” Sattler said.

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He also stressed the necessity of independent institutions.

“Access to justice requires independent courts and timely proceedings—because delayed justice is denied justice,” said the EU’s highest official in Montenegro.

The President of the Constitutional Court, Snežana Armenko, recalled that for years the Court has dealt with the effectiveness of actions by state authorities in cases related to torture, such as the Zlatar Street case, the beating of Milorad Martinović, and the cases of Milić and Nikezić, which also reached the European Court of Human Rights (ECtHR).

“Our contribution was to emphasise and establish the standard that it is not sufficient merely to obtain a conviction; the penal policy must also be such as to deter such conduct, especially by those responsible for protecting persons under their control, far from the public eye,” Armenko stressed.

She said that appeals regarding alleged violations of the prohibition of torture would always be a priority for the Constitutional Court. Still, that swift and efficient resolution of such cases is not possible without state investment and without the adoption of a new Law on the Constitutional Court.

“This is the year in which the state must invest in the capacities of judicial institutions in order to prevent similar situations in the future, and in that direction we encourage you to continue monitoring the work of courts, prosecutors’ offices and the police,” Armenko stated.

The Supreme State Prosecutor, Milorad Marković, also praised the reports by the Human Rights Action and the Women’s Rights Centre, stressing the importance of resolving torture cases for the prosecutorial organisation.

“Every allegation of ill-treatment, especially when it comes from state officials or when the victims are persons in a vulnerable position, represents a serious test for the State Prosecutor’s Office, but also for the entire judicial system,” Marković said.

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For that reason, he argued, joint action is essential.

“The fight against torture and gender-based violence must be a shared task of all institutions. Only through coordinated action by prosecutors, courts, the police and organisations providing support to victims can we further improve the progress already achieved and ensure that it is long-term and sustainable,” the head of the Montenegrin prosecution said.

He emphasised that, although notable results have been achieved, continued improvement through training, specialisation and continuous monitoring of work is necessary.

The Protector of Human Rights and Freedoms, Siniša Bjeković, pointed out the state’s obligation to oppose all forms of torture and all forms of domestic violence and violence against women, stressing that Montenegro cannot apply multiple standards when it comes to human rights and freedoms.

“This is a matter for institutions that must act with equal responsibility and efficiency, and in a way that recognises not only the position of the defendant in criminal proceedings and the position of the authority conducting the proceedings, but also the position of those harmed by the commission of a criminal offence.”

Without a decisive fight, Bjeković argued, there can be no progress in the European integration process.

“Without a clear and vocal fight against torture, without effective investigations into these cases, and without appropriate, deterrent court decisions, there can be no progress.”

Anjet Lanting, UN Human Rights Adviser in Montenegro, announced that the Government of Montenegro has committed to submitting a report to the United Nations Committee Against Torture by 13 May, after which the UN Special Rapporteur will visit Podgorica.

Audiovisual hearings in some prosecutors’ offices in the future

Currently, audiovisual equipment is available in only four prosecutors’ offices in Montenegro, said Ana Radović, a state prosecutor at the High State Prosecutor’s Office in Podgorica. She believes that the use of such equipment would ease the position of victims of gender-based violence.

“If we had more victims examined using audiovisual techniques, I am sure that courts would accept the proposal not to summon victims to the main hearing and re-examine them. However, we have only four prosecutors’ offices in Montenegro with functional audiovisual equipment, out of 15 that are competent to act in cases of this criminal offence.”

The lack of such equipment represents a problem in prosecutors’ work, assessed Danka Ivanović-Đerić, a state prosecutor at the High State Prosecutor’s Office in Podgorica, announcing investments by the Supreme State Prosecutor’s Office.

“In the coming period, the Supreme State Prosecutor’s Office will equip some prosecutors’ offices with technical equipment, and we will strengthen and highlight the importance of such hearings, especially for victims,” Ivanović-Đerić said.

Deputy Protector of Human Rights and Freedoms Mirjana Radović said it is extremely important to strengthen the prosecution.

“I think we are on a good path towards ensuring that the evidence with which the prosecution appears before the court is of a higher quality,” she said.

Mutual criticism among key actors in the processes

The President of the Basic Court in Nikšić, Sanja Nikić, said that in cases of gender-based violence, a protocol should be developed for doctors to follow in order to ensure more precise medical expert assessments of victims.

The Acting President of the Basic Court in Cetinje, Tanja Vidić, noted that prosecutors often shift responsibility onto the courts.

“A lot is transferred to the court, so at the main hearing we determine what was not established during the prosecutorial investigation.”

“If an effective, swift and thorough investigation has been conducted, then the trial is much easier,” stated the President of the Basic Court in Podgorica, Željka Jovović, pointing to the need for specialisation of judges and prosecutors.

According to Sanja Nikić, the judiciary lacks a better overall social climate. This can be achieved through a strong system in which everyone is interconnected and politicians do their jobs.

“To create conditions that are appropriate to the work we do… To create a social atmosphere that at least approximately corresponds to our work,” she said.

A member of the Judicial Council and judge of the Basic Court in Podgorica, Rade Ćetković, said he was pleased that the HRA and Women’s Rights Centre reports recognised the conditions in which judges work, such as the lack of administrative and technical resources, but added:

“In my opinion, the system must not rely on the enthusiasm of holders of judicial office; rather, it must demonstrate its strength through the strength of the institution itself, which must have all the necessary resources to fight domestic violence in an adequate manner,” Ćetković said.

At the panel organised by HRA and the Women’s Rights Centre, it was concluded that victims of gender-based violence, in addition to easier access to free legal aid, also need timely psychological support.