CAT/C/MNE/CO/2
Legal aid
8.
While welcoming the adoption in 2011 of the Law on Legal Aid, the Committee is
concerned at reports that its implementation continues to be hampered and that
marginalized groups, including asylum seekers and displaced persons, are often left without
access to legal procedures and protection of their rights (arts. 3, 11 and 16), in view of:
(a)
The lack of human and financial resources and of public awareness about the
Law;
(b)
The limited coverage of the Law, which only extends to judicial and not
administrative proceedings.
The State party should continue to intensify its efforts to provide an effective free legal
aid system and to ensure appropriate protection and access to the legal system for
vulnerable persons and groups, in particular by providing adequate resources for
effective implementation of the Law on Legal Aid and by extending the application of
free legal assistance so that it includes administrative proceedings.
National institutions
9.
While noting that the Protector of Human Rights and Freedoms of Montenegro was
designated as the national preventive mechanism following the ratification by Montenegro
of the Optional Protocol to the Convention against Torture, the Committee is concerned at
the lack of information about the legal framework and the lack of resources and staff for it
to effectively discharge its duties. The Committee is also concerned at the lack of full
independence of this institution and at the inadequate human and financial resources
allocated to it. (arts. 2 and 11)
The State party should take measures to further strengthen the institution of the
Protector of Human Rights and Freedoms in accordance with the Paris Principles
(General Assembly resolution 48/134, annex) and to ensure the provision of sufficient
financial and human resources to enable it to carry out its mandate independently and
effectively, particularly in view of its expanded mandates and powers as the national
preventive mechanism.
Independence of the judiciary
10.
While noting the ongoing amendments to the Law on Courts and the Law on the
Judicial Council, the Committee remains concerned at the lack of independence of the
judiciary in practice, mainly due to the lack of objective and precise evaluation criteria for
the appointment, promotion or dismissal of judges. (arts. 2 and 12)
The State party should continue to take measures to ensure the full independence and
impartiality of the judiciary in performing its functions, and should review the regime
for the appointment, promotion and dismissal of judges, in line with the Basic
Principles on the Independence of the Judiciary (General Assembly resolution 40/146)
and the Bangalore Principles of Judicial Conduct (2002).
Asylum seekers
11.
While noting the opening in 2014 of the first centre in the State party for asylum
seekers, the Committee regrets that the centre is not fully operational and that many asylum
seekers are still accommodated in ad hoc reception centres that do not meet international
standards. The Committee is also concerned at the lack of clarity of the Law on Asylum
with regard to the competences of the various governmental entities involved in the asylum
system, as well as at the poor conditions for asylum seekers. (art. 3)
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