Pre-trial detainees held at the Investigation Prison in Spuž, under the Administration for the Execution of Criminal Sanctions, announced that starting September 15 they will launch a hunger strike and disrupt court proceedings. According to a letter issued on their behalf by attorney Nikola Tomković, the protest will continue until their demands are met.
The detainees voiced dissatisfaction with conditions inside the Investigation Prison, but above all with being held in custody longer than legally required.
“Due to violations of the Constitution and the laws of Montenegro, the denial of our rights to defense and to a fair trial, the excessive length of detention, and the conditions in which we are held, we are forced to refuse all forms of legal assistance and to boycott scheduled hearings, while our families will protest outside state institutions,” the letter states.
Under the Criminal Procedure Code, detention may last a maximum of three years before a first-instance verdict is issued. In practice, however, detainees often remain in custody long after such rulings, until the judgment becomes final.
It should be recalled that several months ago detainees also went on hunger strike, claiming that detention terms often exceed the sentences themselves and are repeatedly extended on the basis of “fabricated indictments.”
“Bail remains an empty promise, decisions of European courts are ignored, indictments are confirmed without proper review, based on false or fabricated facts… We will not allow ourselves to be scapegoats in the closing of Chapters 23 and 24. We are also parents, children, family members, and citizens of this country, and we will not allow anyone to unlawfully play with our destinies,” the detainees declared.
Attorney Zdravko Begović stressed that a fundamentally different approach to pre-trial detainees is needed, particularly given that the Investigation Prison is overcrowded and many remain in custody longer than necessary.
“So-called alternative measures—bail, house arrest, or mandatory reporting to authorities—are completely neglected, despite the Criminal Procedure Code expressly providing them as alternatives to detention,” Begović told Portal ETV.
University professor and former judge at the European Court of Human Rights, Nebojša Vučinić, told ETV that authorities are obligated to ensure detention conditions in line with standards set by the Council of Europe and the Committee Against Torture. In March, the public was informed that the Investigation Prison was holding twice as many detainees as its intended capacity.
“These standards clearly specify the required square footage per detainee, as well as conditions regarding ventilation, heating, cooling, and hot water. This is first and foremost the responsibility of the authorities,” Vučinić explained.
Finally, detainees in Spuž called on the EU Ambassador to Montenegro, Johan Satler, as well as NGOs, to verify their claims. They also invited Justice Minister Bojan Božović, High Court President Zoran Radović, and Supreme Court President Valentina Pavličić to visit them and work toward solutions consistent with the Constitution and laws of Montenegro, as well as the rulings of the European Court of Human Rights.
The authorities have not commented on the announced strike or court disruption.
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