A/69/44
(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.
Investigations
(14) The Committee takes note of the work of the Division for Internal Control of the
Police, under the Ministry of the Interior, as well as of article 11 of the Criminal Procedure
Code which prohibits the threatening or the exerting of violence against a suspect or
accused person in order to extract a confession. However, the Committee remains
concerned at consistent reports about (a) physical ill-treatment of detainees and the exertion
of pressure on them by the police at the time of questioning with a view to extracting
confessions or obtaining information and (b) the State party’s failure to investigate
allegations of torture, ill-treatment or excessive use of force by the police and to prosecute
and punish perpetrators (art. 12).
The State party should:
(a)
Improve criminal investigation methods so as to put an end to practices
whereby confession is relied on as the primary and central element of proof in
criminal prosecution;
(b)
Ensure prompt, impartial and effective investigation into all allegations
of torture, ill-treatment and excessive use of force by the police, and prosecute and
punish those responsible with appropriate penalties. Such investigations should not be
132
GE.14-12596
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