N17.T8 – Inconsistent Judicial Practice in Gender-Based Violence Cases
HRA NEWSLETTER 17 – TOPIC 8
In 41 cases of domestic and family violence in which the victims/injured parties were women, conducted before Montenegrin courts between 2022 and 2025 and analysed by the NGO Women’s Rights Center, inconsistent judicial practice was identified, according to the Report on Monitoring Court Proceedings in Domestic Violence Cases.
“It can be concluded that, on average, nearly six months elapsed from the filing of the criminal complaint to the completion of first-instance proceedings. Such a timeframe, as well as significant differences in the pace of proceedings at various stages, indicates an inconsistent application of the principle of urgency. Although longer proceedings in some cases may be justified by the complexity of the facts and evidentiary procedure, the observed variations may negatively affect the legal certainty and safety of victims, particularly in domestic violence cases where the risk of reoffending is high,” the report states.
The monitoring also found that hearings were postponed in almost two-thirds of the cases, while most victims did not have legal representation during the proceedings.
“This indicates that access to legal support remains limited and that victims’ procedural rights are often exercised without professional assistance. When a legal representative was present, they were most often engaged on the initiative of the injured party herself, while the use of the system of free legal aid was recorded in a smaller number of cases, suggesting insufficient visibility or availability of this mechanism in practice,” the report states.
It was also noted that audio-visual equipment for recording interviews is not used in prosecution offices, even though such equipment would significantly improve the position of victims of gender-based violence.
Following the presentation of the analysis, State Prosecutor at the Higher State Prosecutor’s Office in Podgorica, Ana Radović, confirmed that only four prosecution offices in Montenegro currently have audio-visual equipment.
“If we had more victims interviewed using audio-visual technology, I am certain that courts would accept proposals not to summon victims to the main hearing and to avoid re-examining them. However, only four prosecution offices in Montenegro have functional audio-visual equipment, out of the 15 that are competent to handle this criminal offence,” Radović said.
Danka Ivanović‑Đerić, State Prosecutor at the Higher State Prosecutor’s Office in Podgorica, also assessed that the lack of such equipment represents a problem in the work of prosecutors and announced planned investments by the Supreme State Prosecutor’s Office.
“The Supreme State Prosecutor’s Office will equip several prosecution offices with technical equipment in the coming period, and we will strengthen and emphasise the importance of this type of interview, especially for victims,” Ivanović-Đerić said.
The Executive Director of the Women’s Rights Center, Maja Raičević, stressed that combating violence is a long-term process in which it is crucial that all actors act in the same direction.
“The fight against violence is not only a matter of individual protection, but also a matter of justice, security and genuine commitment to the rule of law,” Raičević said.
The Supreme State Prosecutor Milorad Marković emphasised that joint action by institutions is necessary to address cases of gender-based violence.
“Only through coordinated action by the prosecution, courts, police and organisations that provide support to victims can we further improve the progress already achieved and ensure that it is long-term and sustainable,” the head of the Montenegrin prosecution service said.
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