CAT/C/MNE/CO/2
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;
(b)
The obstacles to birth registration, including high administrative fees and
complex procedures, in particular for Roma, Ashkali and Egyptians, which put them at risk
of statelessness.
In light of the recommendations made by the Committee (CAT/C/MNE/CO/1,
para. 11), the State party should take measures to:
(a)
Simplify the procedure for regularizing the legal status of “displaced”
and “internally displaced” persons, and protect their legal rights. They should be
protected from refoulement or mistreatment;
(b)
Establish a simplified and accessible procedure for birth registration,
thereby reducing the number of persons at risk of statelessness.
Impunity for war crimes and remedy for victims
13.
The Committee is deeply concerned at the impunity enjoyed by perpetrators of
crimes under international law, in view of the absence of final convictions in proceedings in
domestic courts. Regarding the four war crimes cases, namely Kaluderski Laz, Morinj,
Deportation of Muslims, and Bukovica, there is a concern that the court failed to fully apply
domestic criminal law and to comply with relevant international legal standards. The
Committee expresses its concern that the majority of victims of violations of war crimes in
Montenegro have yet to be afforded the right to reparation. (arts. 12, 14 and 16)
The State party should intensify its efforts to fight impunity for war crimes by:
(a)
Ensuring that relevant domestic criminal law is fully applied and that
decisions by the domestic courts on war crimes cases are in line with international
humanitarian law, including the jurisprudence of the International Criminal Tribunal
for the Former Yugoslavia;
(b)
Completing its investigation of all allegations of wartime crimes, and
prosecuting the perpetrators and punishing them with appropriate penalties
commensurate with the grave nature of the crimes;
(c)
Ensuring access to justice and reparations for victims, in the light of the
Committee’s general comment No. 3 on the implementation of article 14 by States
parties.
4