On International Human Rights Day in 2024, more than a hundred wars and armed conflicts—both international and internal—are actively occurring. These conflicts are accompanied by widespread violations of human rights, with civilians increasingly becoming the primary victims—killed, wounded, persecuted, and displaced. Concurrently, international institutions entrusted with the enforcement of international law appear to be ineffectual in their mandate.
Earlier this year, the International Court of Justice (ICJ) issued a directive mandating Israel to immediately cease its military operations in Gaza. Despite this ruling, hostilities have continued unabated. The situation has not improved, despite the International Criminal Court (ICC) issuing arrest warrants for the Israeli Prime Minister, a former Defense Minister, and a military leader of Hamas on charges of war crimes and crimes against humanity. An investigation by Amnesty International alleges that Israel is committing acts of genocide against the Palestinian population in Gaza.
In response to these developments, Montenegro voted in favor of a United Nations General Assembly resolution calling for a cessation of Israeli military actions in Gaza and extended its support for Palestine’s bid for full UN membership. Furthermore, non-governmental organizations (NGOs) have consequently urged the Montenegrin government to reconsider its procurement of a missile system from an Israeli state-owned entity, highlighting the need for ethical considerations in light of ongoing human rights violations against civilians in Gaza.
Montenegro is dedicated to achieving European Union membership, with the majority of its administration and state institutions striving towards this aim. Nevertheless, certain politicians within the ruling coalition are deliberately sabotaging this effort by destabilizing the country’s civic state framework.
In June, Montenegro broke free from years of stagnation in its EU accession negotiations by passing 12 laws that advanced progress in Chapters 23 (Judiciary and Fundamental Rights) and 24 (Justice, Freedom, and Security). The country also received a largely positive Progress Report from the European Commission this year, which stated that Montenegro had met the interim benchmarks for Chapters 23 and 24 (BAR). f Montenegro successfully achieves all final benchmarks, it could potentially join the EU by 2028.
However, shortly after this positive outcome, members of the ruling majority undermined the achievement by adopting an unnecessary Resolution on the Genocide in the Camps of Jasenovac, Dachau, and Mauthausen. The apparent intention behind this resolution was to appease Serbia, which had perceived the earlier adoption of the UN General Assembly’s resolution on International Genocide Remembrance Day for Srebrenica as a defeat. The resolution’s passage in Montenegro’s Parliament has worsened relations with Croatia, which has since declared the leaders of three Montenegrin ruling parties persona non grata.
Montenegro continues to face the pressures of historical revisionism from nationalist political parties within the government. The decisions made by municipal assemblies in Pljevlja and Nikšić to alter their official commemorative dates to religious holidays celebrated exclusively by Orthodox Christians undermine the secular and civic nature of the state.
In a move reminiscent of authoritarian regimes in Russia, Hungary, Slovakia, Georgia, and Belarus, the Coalition for the Future of Montenegro has proposed a Law on Foreign Agents, which seeks to suppress criticism from NGOs and restrict freedoms of expression and association in Montenegro. Fortunately, the response from other ruling parties, the opposition, and civil society has been a unanimous rejection of the proposal, leaving the coalition of two parties aligned with Russian and Serbian policies isolated for the time being.
On the Protection of Human Rights at the Constitutional Court
The integrity (both legality and legitimacy) of Montenegro’s Constitutional Court is significantly undermined by several pressing issues: 1) three judges continue to serve despite being eligible for retirement, 2) the ruling parties have failed to appoint a seventh judge, 3) there are violations regarding the right to a trial within a reasonable time, and 4) there is a lack of transparency in the Court’s operations.
Questions about the constitutionality of the Constitutional Court rise as two judges, Budimir Šćepanović and Desanka Lopičić, remain on the bench despite their judicial terms having expired in the first half of the year, rendering them eligible for retirement. While these judges continue to unlawfully hold their positions, eight judges from other courts have retired this year under the same conditions and vacated their posts. By the same standards, the term of another judge, Dragana Đuranović, is set to conclude by the end of the year. However, the Constitutional Court failed to notify either the Parliament or the President—entities responsible for initiating the selection of new judges—about this impending vacancy. Such inaction poses a significant threat to the rule of law and severely undermines the integrity of the Court.
The inability to appoint a seventh judge has effectively paralyzed the Constitutional Court, as the lawmakers have unreasonably delayed this appointment in favor of political maneuvering over the public interest. With only six judges, the Court frequently faces deadlocks with 3:3 votes, obstructing resolutions on important matters, particularly electoral disputes.
Currently, there are 1,981 unresolved constitutional complaints pending. These include cases dating back to 2018, two from 2019, thirteen from 2020, 284 from 2021, 412 from 2022, and 547 from 2023. The European Court of Human Rights has already determined that Montenegro violated the right to a trial within a reasonable time in at least thirteen cases this year, where the Constitutional Court failed to make decisions on complaints within 3.5 years. As a result, Montenegro has been ordered to compensate the claimants for damages. This suggests that violations of the right to a timely trial have already affected all individuals who submitted constitutional complaints in the first half of 2021, as well as in 2020, 2019, and 2018, all of whom still await resolution in their cases.
Additionally, the Court has yet to address over 350 proceedings related to the review of the constitutionality and legality of laws and regulations—171 concerning laws and 186 concerning regulations. Some of the oldest cases date back to 2016. While constitutional complaints primarily target individual grievances, proposals for constitutional and legal review pertain to regulations that could adversely impact a potentially unlimited number of people. Hence, it is imperative to resolve these cases expeditiously.
The sector tasked with providing assessments on the constitutionality of laws and regulations, as well as handling appeals related to electoral processes (which are supposed to be prioritized), is functioning with only two advisors. The state must invest more resources to address these critical shortcomings.
On the Judiciary
Delays in court proceedings and a shortage of personnel jeopardize the right to a fair trial. Immediate action is necessary, along with improved organization and long-term staffing strategies that focus on both the training of new legal professionals and the recruitment of judges from among experienced practitioners. Politicians should refrain from making irresponsible verbal attacks on judges and prosecutors that undermine state authority and instead file substantiated criminal complaints where appropriate.
While most top judiciary positions have finally been filled, the tendency for political party bargaining regarding seats in the Judicial and Prosecutorial Councils remains a concern.
Following last year’s recognition of a “deep institutional crisis,” the European Commission welcomed the appointment of the Supreme State Prosecutor, three members of the Judicial Council from respected legal professionals, and one judge for the Constitutional Court this year. After four years of vacancy, a President of the Supreme Court was also appointed, thanks to legislative changes that facilitated the candidacy of an individual from within the Supreme Court ranks to the Judicial Council.
However, Parliament is once again stalling the appointments of one Judicial Council member and two Prosecutorial Council members from among esteemed legal professionals. Such delays, fueled by the political trading of public positions, underscore that the amendments made in June to the Law on the Judicial Council and Judges should not have enabled this practice by allowing council members’ mandates to extend beyond four years.
The ongoing state of alarm is exacerbated by a lack of judges and state prosecutors, leading to rising delays, as highlighted in a comparative report by the Council of Europe (CEPEJ). Currently, the judiciary requires nearly 60 judges and 26 state prosecutors. This situation is further complicated by resignations; this year alone has witnessed the departure of seven judges and three state prosecutors. The number of applications for trainee positions—typically a stepping stone to roles as advisors and judges—remains worryingly low due to insufficient compensation. Trainee salaries are currently below the minimum wage mandated by labor laws. Judges have agreed to postpone a planned strike, contingent upon drafting a special law regarding judicial salaries—a stipulation also underscored by the UN Special Rapporteur on the Independence of Judges and Lawyers.
The Judicial Council must urgently address the critical situation in the Special Department of the High Court in Podgorica, where six judges are tasked with handling complex criminal cases related to organized crime, corruption, and war crimes. They are currently facing a backlog of 160 cases. Recently, four of these judges applied for positions at the Appellate Court, while two others are on sick leave.
This year, judges and state prosecutors faced unprofessional and unfounded political attacks. Despite their rhetoric, politicians have not substantiated their claims with evidence-based criminal complaints. In contrast, judges, prosecutors, and especially lawyers and experts acknowledge the existence of corruption within the judiciary and advocate for targeted oversight measures. A survey conducted by Human Rights Action (HRA) and DeFacto revealed that 42.1% of judges support the implementation of phased vetting, while 24.4% of state prosecutors share this perspective. Notably, only 7.3% of prosecutors and 3.2% of judges indicated they would resign if vetting were to be enforced.
The European Commission has reiterated its call to the Judicial and Prosecutorial Councils this year to enhance the rationale behind their decisions, ensure more effective enforcement of ethical and disciplinary accountability, and consistently penalize judicial officeholders who fail to declare their assets and income. Even though the Agency for the Prevention of Corruption identified discrepancies in asset declarations by judges and prosecutors, no sanctions were imposed this year.
There is a pressing need for expedited decision-making in administrative disputes concerning the decisions made by the Judicial and Prosecutorial Councils, with rulings required within 30 days for judicial matters and 45 days for prosecutorial cases.
Prohibition of Torture
Four decades after the adoption of the Convention Against Torture, Montenegro still struggles to ensure a comprehensive prohibition of torture in alignment with international standards and to provide adequate support for victims. Although some progress has been made, the full implementation of the CPT’s recommendations—key benchmarks for Chapter 23—remains elusive.
Investigations into allegations of torture are still ineffective, and sentencing policies tend to be lenient, creating a climate of impunity that discourages victims from coming forward and allows abuse to persist. Police officers often operate without proper identification while wearing masks, do not use body cameras during operations, are not regularly suspended when necessary, and disciplinary proceedings are not initiated in a timely manner. Additionally, police and prosecutorial interrogations continue to lack recording protocols. The Law on Free Legal Aid, which would enable torture victims to access essential legal assistance, has yet to be adopted.
Furthermore, the implementation of the Law on Compensation for Victims of Crimes has been unjustifiably delayed until Montenegro achieves EU accession.
Currently, over 114 police officers are under investigation for acts of torture involving 140 individuals across 76 cases at various stages: 49 are in preliminary investigation, 1 in formal investigation, 19 in indictment review and trial, and 7 in the appeal process. Tangible progress has primarily been noted in cases supported by SKY evidence. However, it is crucial for the prosecution to demonstrate equal dedication to all cases, especially those originating from 2020-2021. A positive development has been the issuance of substantive guidelines by the Supreme State Prosecutor for conducting these investigations in accordance with the standard of effective investigation.
The final benchmarks for Chapter 23 call for a prompt judicial response in all cases of reported torture and the implementation of all recommendations by the European Committee for the Prevention of Torture (CPT), criteria that still appear out of reach.
Constitutional Prohibition of Incitement to Hatred and Intolerance, i.e., Hate Speech
Hate speech remains a pervasive issue in public discourse, with representatives of the authorities often either encouraging or turning a blind eye to it when directed at dissenters. Patriarchal attitudes continue to perpetuate verbal and other forms of violence against women and the LGBT community. There is an urgent need for more proactive legal action against hate speech and enhanced collaboration among all state institutions to effectively combat it.
Mayors of the municipalities of Nikšić, Marko Kovačević, and Pljevlja, Dario Vraneš, have resorted to war propaganda and have threatened military confrontations with their political opponents and Kosovo. The Administrative Committee has disregarded the State Prosecutor’s Office’s request to revoke Kovačević’s immunity to facilitate prosecution for inciting and promoting hatred. In a separate case, Miloš Ostojić, the former president of the Audit Committee of Luka Bar, was convicted for inciting violence and hatred against a religious group. In neighboring Albania, legal proceedings have commenced against politician Vladimir Dajković for similar offenses of incitement to hatred.
State prosecutors require further training to effectively identify hate speech and distinguish it from legitimate freedom of expression. Currently, they tend to recognize only the most extreme forms of hate speech that explicitly call for violence. This year, prosecutors unnecessarily questioned journalists, MPs, councilors, and a civic activist simply for commenting on highly controversial statements made by the mayor of Nikšić. However, it is promising that the Supreme State Prosecutor has announced the development of guidelines aimed at prosecuting hate speech.
The state continues to neglect the issue of unregulated online platforms that revive the nationalist rhetoric of the 1990s. Public discourse in Montenegro is increasingly polluted with nationalist and chauvinistic messages, exemplified by events such as the New Year celebration according to the Julian calendar in Pljevlja and the closing of the Mimosa Festival in Herceg Novi, where a doll resembling writer Andrej Nikolaidis was burned—a act condemned as hate speech by the Protector of Human Rights and Freedoms of Montenegro. Additionally, two sports clubs faced penalties for violent and chauvinistic behavior from their fans during matches, marking a return of such incidents after a period of relative calm.
Prosecution of War Crimes and Dealing with the Past
The Supreme State Prosecutor’s Office has initiated a new strategic approach to the prosecution of war crimes, although significant outcomes are still lacking. Regional cooperation is limited, despite the encouraging conclusion of new agreements between state prosecutors’ offices. The legislative resolution regarding the status of civilian war victims and reparations for victims is currently nine months overdue.
Moreover, Montenegro has yet to officially recognize days of remembrance for the genocide in Srebrenica or other victims of war crimes from the 1990s, indicating an ongoing trend of monumental revisionism.
This new approach necessitates the re-examination of previously prosecuted cases that were handled in violation of international humanitarian law, including cases such as Bukovica, Deportation, Morinj, and Kaluđerski Laz. An investigation has been launched against former chief special prosecutor Milivoje Katnić for alleged war crimes against civilians in Cavtat, Croatia. Additionally, an indictment has been issued against Zoran Gašović, a police officer from Montenegro, for crimes against humanity in Hadžići, Bosnia and Herzegovina. The ongoing trial of Slobodan Peković concerns the alleged murder of two individuals and the rape of a Bosniak woman in Foča in 1992.
While cooperation in the region persists, it largely remains superficial, confined to responding to mutual legal assistance requests. In significant cases such as Klapuh, Dubrovnik, Lora 3, and the case of Ranko Radulović, the results of collaboration are still lacking. Nevertheless, it is promising that new agreements on cooperation have been reached between the state prosecutors’ offices of Montenegro, Bosnia and Herzegovina, and Serbia. An additional agreement with the Croatian State Attorney’s Office is anticipated.
Reparations for war crime victims continue to be an unresolved issue. The status of civilian war victims has not yet been secured, nor have the victims of war crimes received compensation, despite the expiration of the deadline for enacting appropriate legislation. The Parliament of Montenegro has instructed the Ministry of Labor and Social Welfare, headed by Minister Naida Nišić (PES), to draft amendments to the Law on War Veterans and Disability Protection by March 1st. However, as of now, the draft law has not been prepared, and there has been a change in ministerial leadership to Damir Gutić (Bosniak Party).
Montenegro currently lacks official days of remembrance for war crime victims. These commemorative days are mainly observed by NGOs, although some officials are beginning to participate. At the highest levels, war crimes are often downplayed, and victims are exploited for political gain.
The erection of monuments and renaming of streets in honor of “heroes” from the JNA during the wars of the 1990s obscure both accountability for these crimes and the political irresponsibility of those who unjustifiably sent them to war. Meanwhile, longstanding initiatives aimed at memorializing the victims continue to be overlooked.
Montenegro missed an important opportunity to co-sponsor the UN Resolution on the International Day of Remembrance for the Genocide in Srebrenica, alongside Slovenia, Croatia, Bosnia and Herzegovina, and 36 other nations, although it did participate in voting for the resolution. The proposal for Montenegro to co-sponsor the resolution garnered swift support from 110 NGOs and over 500 notable individuals within the country.
Additionally, the President of Montenegro expressed support for the initiative by Human Rights Action (HRA) aimed at rehabilitating and compensating political prisoners from Goli Otok; however, the government’s response has been wholly inadequate. In a noteworthy development this year, descendants of the Goli Otok prisoners organized a visit to the island to commemorate the 75th anniversary of the arrival of the first prisoners there.
Media and Investigations into Attacks on Journalists
Attacks on journalists in Montenegro, both verbal and physical, remain a significant concern, with 19 reported incidents according to the Media Trade Union, including the physical assault on Pobjeda journalist Ana Raičković. The unresolved cases of violence and the lack of implementation of judicial rulings regarding the election of the director of RTCG threaten the rule of law.
A stark reminder of this ongoing issue arose in November, when journalist Ana Raičković was seriously attacked, suffering threats and physical injury. The assault was perpetrated by controversial businessman Zoran Bećirović, along with his son and a bodyguard who is a police officer. While the suspects faced prosecution, these incidents underscore the urgent need for enhanced protection measures for journalists.
In April 2024, the Supreme State Prosecutor issued guidelines for all state prosecutors focusing on the urgent handling of cases involving threats, violence, murder of journalists, and attacks on media property. This initiative aims to improve investigations and foster collaboration with the Commission for Monitoring Attacks on Journalists. Unfortunately, these guidelines have not yet produced significant results regarding the investigation of past attacks on journalists, including the murder of Duško Jovanović and the wounding of journalist Olivera Lakić in 2018.
No advancements have been made in the investigations into other major attacks on journalists. The Montenegrin government has refrained from involving foreign experts to analyze the investigation into Duško Jovanović’s murder, a move requested by the Commission for Monitoring Attacks on Journalists back in 2018. It is widely believed that the mastermind behind this murder is someone from the former government; however, the current administration, in power since 2020, has not demonstrated a serious commitment to resolving the case. As a result, the investigation has stalled, and it has been determined that state prosecutors have not addressed queries raised by Human Rights Action (HRA) in 2016 or recommendations from the Commission for Monitoring Attacks on Journalists in 2022. Additionally, it has been 17 years since the attempted murder of journalist Tufik Softić in Berane, yet no progress has been made.
In July 2024, an indictment was confirmed against several suspects, including the organizer of a criminal group and its members (Filip Knežević as the executor, Filip Bešović as the driver, and Goran Rakočević, Luka Bulatović, and Veselin Bubanja as co-perpetrators). They face charges for forming a criminal organization, inflicting severe bodily injuries in 2018, illegal possession of weapons and explosives, incitement to the murder of Olivera Lakić in 2020, and drug trafficking. However, the underlying motives for this attack, along with previous incidents targeting her and her family, remain unexplained.
Controversies related to the legality of Boris Raonić’s election as the general director of RTCG characterized 2024. The Higher Court annulled the legality of his appointment through final rulings, citing his failure to meet the necessary qualifications for the role and existing conflicts of interest. Despite this, Raonić was re-elected, resulting in indictments for abuse of office against four members of the RTCG Council who supported his election on June 1, 2023. As it stands, Raonić continues to serve as the director of RTCG.
Rights of Persons with Disabilities
The opening of the psychiatric clinic in Podgorica marks a significant advancement, yet challenges related to institutionalization, the lack of community-based support, and delays in implementing reforms continue to jeopardize the rights of persons with disabilities. One particularly concerning issue is the inaccessibility of judicial institutions.
The new Psychiatric Clinic “Dr. Dušan Kosović” in Podgorica, which began operations in September 2024, provides adequate care for patients with psycho-social disabilities, including minors. While this is a notable step forward, the predominant form of care for individuals with psycho-social disabilities remains institutional, with approximately 46% of patients at the Special Psychiatric Hospital in Kotor classified as “social patients”—individuals who do not require hospital treatment yet remain in the facility due to a lack of alternative options. The draft Strategy for Deinstitutionalization in Montenegro for 2024–2028 outlines a plan to address institutionalization by developing community-based services such as supported housing, home assistance, personal assistance, and similar solutions. Although the strategy was finalized in June, it has yet to be formally adopted.
Many of the recommendations from the UN Committee on the Rights of Persons with Disabilities from 2017 remain unfulfilled even after seven years, particularly those related to the necessary reform of guardianship and decision-making processes on behalf of individuals. These shortcomings hinder persons with disabilities from making independent choices about their lives. The practice of depriving individuals of legal capacity persists, and instances of restoring legal capacity are infrequent.
In Montenegro, persons with disabilities continue to encounter significant obstacles regarding physical access to justice. The inaccessibility of courthouse and prosecutor’s office buildings remains a pressing issue, one that authorities have been urged to address repeatedly over the years.
On Social and Economic Rights
Montenegro is significantly lagging in its fulfillment of UN recommendations regarding economic, social, and cultural rights, particularly in the areas of poverty alleviation and the provision of basic existential needs. The absence of a coherent strategy, reliable data, and appropriate procedures leaves the needs of the most vulnerable groups inadequately addressed.
The country has faced a delay of three years in submitting its report to the UN Committee on Economic, Social, and Cultural Rights. To date, there is no official update on the implementation of the committee’s recommendations, which were provided back in 2014. According to an assessment by Human Rights Action (HRA), none of the recommendations related to the protection of social rights and poverty reduction have been acted upon.
One of the key recommendations, which involves providing precise data on individuals unable to meet basic existential needs—including adequate housing—remains unaddressed. Furthermore, social benefits currently in place do not adequately cover even minimal needs, and Montenegro lacks a comprehensive strategy to combat poverty.
The country does not maintain the data that all UN committees overseeing human rights treaties deem essential, such as the number of individuals at risk, those unable to secure basic necessities, including adequate housing and access to vital infrastructure, or the exact count of homeless individuals. Additionally, a sublegal act outlining the approach to addressing homelessness has not been adopted, and social workers still lack established procedures for managing such cases, further compounding the challenges faced by vulnerable populations.
On Violence Among Children
Peer violence remains a significant issue in Montenegro, with 29 reported cases in September and October 2024, including a serious incident in which a minor was stabbed. Urgent measures are required, such as the participation of police officers and social workers in schools, as well as the reinstatement of Civic Education as a compulsory subject. While the government has implemented several initiatives and judicial institutions have begun to hold perpetrators accountable, more is needed.
Throughout 2024, peer violence continued to pose a serious threat to children’s rights. According to the Analysis of Violence and Vandalism by the Child Rights Council, which is a government body, 29 cases of violence were recorded just within September and October of this year, with 17 of those being instances of physical violence. The most alarming case involved a minor from Bar who was stabbed, an incident that shocked the public and spurred several protests. These distressing statistics underscore the urgent need for effective and comprehensive interventions.
In response to the rising concern, the Montenegrin government has included several measures in its initiative to combat violence and vandalism in schools. These measures include the proposals from Human Rights Action (HRA) to incorporate social workers into school teams and increase police presence in school districts for preventive and protective purposes. Furthermore, the Ministry of Education has suggested to the Council for Defense and Security the allowance of police presence within schools.
In collaboration with the Center for Civic Education and the Center for Women and Peace Education – ANIMA, HRA is advocating for the reintroduction of Civic Education in schools, ensuring that all children receive instruction on fundamental human rights and non-violent conflict resolution.
In November, the Basic Court in Bar issued a ruling regarding the April 2023 attack on minors from the “Sarajevo” Athletic Club. Božidar Kaluđerović received a six-month prison sentence, while four minors were subjected to corrective measures. In this case, a corrective measure was also imposed on minor A.K., who seriously injured a peer with a knife earlier this year in Bar.
*This statement summarizes the key issues that were the focus of Human Rights Action (HRA) throughout 2024.
