A/69/44
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).
The State party should provide the centre for asylum seekers with the necessary
resources. The State party should also amend the Law on Asylum and revise the
national asylum system in order to offer more effective protection against
refoulement.
Displaced persons
(12) While welcoming the State party’s accession in 2013 to the Convention on the
Reduction of Statelessness, as well as its adoption of the Law on Amendments to the Law
on Foreigners, the Committee remains concerned at reports that the Montenegrin authorities
continue to pursue repatriation, voluntary return, or resettlement in a third country as the
main solutions for displaced persons, rather than integration in Montenegro (art. 3). The
Committee is particularly concerned at:
(a)
The legal status of “displaced” persons and “internally displaced” persons,
the persistent obstacles to their obtaining permanent resident status, and the fact that they
may be subject to refoulement if they fail to regularize their legal status;
GE.14-12596
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