4.1. Earlier activities of the Protector
In 2008, therefore before it was designated as the NPM, the Protector of Human Rights and Freedoms
of Montenegro, according to its legal responsibilities and powers, conducted visits of the premises for
detention of persons deprived of their liberty in the regional units of the Police Directorate in Podgorica
and Bar and branch offices in Kolasin, Rozaje and Ulcinj. On that occasion, it was found that none of
the premises meet the conditions corresponding to the CPT's standards, as well as to the Rulebook on
the conditions that must be met in facilities for detention of persons deprived of their liberty5, issued by
the Ministry of Internal Affairs of Montenegro. Premises were not big enough, they didn’t have natural
lighting, heating devices and ventilation, were not equipped with fixed benches and chairs.
Based on the findings, the Protector gave final opinion and recommended to the Police Directorate to
take all necessary actions and measures to ensure the fulfilment of the conditions that need to be met
in facilities for detention of persons deprived of their liberty in regional units and branch offices of police
and to harmonize them with international standards in this area and the Rulebook on the conditions that
must be met in facilities for detention of persons deprived of their liberty.
During 2011, the Protector has conducted monitoring of all premises for detention of persons deprived
of their liberty located in centres and departments of security of the Police Directorate and drafted a
Special Report on the state of the Police Directorate’s premises for detention of persons deprived of
their liberty, issued in 2011, where he gave 17 recommendations. The Committee for Human Rights
and Freedoms of the Parliament of Montenegro considered the Report (on 12 December 2011) and
supported given recommendations.
The report, among other things, pointed out that a number of premises for detention do not fulfil the
conditions provided for by the then current Rulebook on the conditions that must be met in facilities for
detention of persons deprived of their liberty. In Article 3 the Rulebook stipulated that "Detention
facilities must have adequate surface, depending on the number of persons who reside in them. Area
per person shall not be less than 5m2, where the distance from wall to wall must be at least 2m, the
distance from floor to ceiling in the room must be at least 2.5 meters so to secure appropriate air
capacity".
In the period from 11 July to 10 August 2012, were carried out follow-up visits to regional units and
branch offices of the Police Directorate, during which we assessed the situation and checked fulfilment
of recommendations given in the Special Report on the state of the Police Directorate’s premises for
detention of persons deprived of their liberty from 2011.
In September 2012, we prepared the Information on acting of the Police Directorate toward the
recommendations of the Protector given in the Special Report on the state of the Police Directorate’s
premises for detention of persons deprived of their liberty, from 2011. In the Information it was
concluded that the Police Directorate removed significant number of defects as listed in the Special
Report. The situation in relation to hygienic conditions, ventilation and heating has been especially
improved. Mentioned Information was submitted to the Parliament’s Committee for Human Rights and
Freedoms, and it was discussed at the session on 6 February 2012.
In the period from 3 to 31 December 2012, the Protector, for the first time in the role of the NPM, made
a visit to the Remand Prison in Podgorica and based on that, in March 2013 prepared the Report on the
situation in the Remand Prison in Podgorica. The Report was considered and recommendations
5
Official Gazette of the Republic of Montenegro, No. 57/2006;
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