Sorry, this entry is only available in Crnogorski.

After exactly twenty-one months after submitting the request to the Supreme
State Prosecutor’s Office for information on the initiation of criminal proceedings
against responsible civil servants for the situation in the public institution for
persons with intellectual disability “Komanski most” in Podgorica, which the
European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT) considered as abuse and inhuman and
degrading treatment1 HRA was informed that criminal proceedings were never
initiated due to insufficient information provided by public authorities.
This explanation of the State Prosecutor2 is outrageous and shows an absolute
primacy of solidarity and trust in official documents of possible perpetrators and
their accomplices over independent and effective investigation. The question is
whether this kind of solidarity and trust exists only in cases of human rights
violations of persons with disabilities or also in cases of corruption and
organized crime?!
We are disappointed that CPT’s expert findings did not have any influence on the
State Prosecutor to independently take appropriate action and investigate the
situation in “Komanski most”. The prosecutor’s office responded that actions
were taken on the initiative of NGOs, meaning in 2010, although CPT had
informed the Montenegrin government of its findings already in September 2008
and afterwards, in March 2009, when final report was submitted. The report was
eventually released to the public in 2010 when our NGOs reacted.
We also remind that all civil servants are obliged, according to the Art. 227 of the
Criminal Code Procedure, to report on any acknowledged crime. In particular,
the competent Ministry of Labour and Social Welfare had an obligation toward
“Komanski most” residents within its competence and public to take action,
establish responsibility and punish the responsible for the ”appalling” living
conditions, chaining of residents, and the disappearance of two children from
this institution. On the contrary, the director of “Komanski most” Vuk Mirković
was never replaced, but transferred to the position of deputy director of the
Centre for Social Work – Podgorica, and within the Ministry of Labour and Social
Welfare, which was responsible for supervising the institution “Komanski most”
none of the officers bore any responsibility for negligent supervision.
We are particularly astonished by the fact that the State Prosecutor’s Office was
not familiar, until May 2010, with the disappearance of two children, a girl and a
boy, from the public institution “Komanski most” in 2000 i.e. 2004, although it is
easy to check internet media archive and to find out that at least Daily Dan
published several articles in 2004 on the disappearance of a boy. This fact
definitely confirms the suspicion that employees of Montenegrin State
Prosecutor’s Office do not read newspapers which is unbelievable for
prosecutors in Europe in the 21st century.
However, the most difficult for all of us is the fact that our prosecutor sees no
grounds to initiate any action regarding missing children because “the police in
the meantime had not determined whether the children were alive or not”, so
assuming that they are alive (?!) the prosecutor concludes that the crime is time-
barred and there is nothing to be done any more.
We reiterate that the thirteen year old girl and the eight year old boy have been
children with disabilities, who disappeared from the state-run institution that
was authorized and obliged to care for them, that they had to have a guardian, at
least the social welfare centre, i.e. the state of Montenegro, and that all the time,
even today, the state was obliged to search for them and thoroughly investigate
and determine how it was possible for both of them to disappear from the closed
public institution. Had it all been done promptly, we are confident that the
European Committee, four years after the disappearance of the last child, would
never had found the appalling living conditions in “Komanski most”, etc. as is
available to all interested parties to read in the report.
Even if this is all fine and in accordance with minimum human rights standards
and the rule of law to the competent authorities, MPs, police, and State
Prosecutor’s Office we can not agree with such irresponsible attitude and will do
everything regarding this, and all other similar cases, to inform those who are
now fortunately in a position to assess the work of the competent state
authorities on the rule of law in Montenegro.
In particular, we feel an obligation to do so having in mind commitment of the
present director of “Komanski most”, Mr. Vaselj Dušaj, who manages, still with
insufficient funds and staff to arrange that this institution does not resemble in
any way a terrifying place “found” by the European Committee three years ago.
Tea Gorjanc-Prelević, HRA executive director
Milan Šaranović, director of the Centre for Antidiscrimination “EQUISTA”
Ljiljana Raičević, director of Woman’s Safe House

Sorry, this entry is only available in Crnogorski.

Sorry, this entry is only available in Crnogorski.

The first special report on discrimination in Montenegro is in the process of adoption in the Parliament.
Preparation of this important document is provided for the planned activities of the Committee for Human Rights and Freedom and the Institution of Human Rights and Freedoms and the Institution of Ombudsman of Montenegro.
The content and quality of this document does not sufficiently monitor and represent practical and political significance of the report that has the intention to introduce local discriminatory practices, the effectiveness of mechanisms to combat discrimination and provide clearer and more specific guidance to improve the overall human rights practices in the future.
Press release can be downloaded here .