Panel discussion “Protection of Human Rights within the Prison System”, on the occasion of celebrating International Day of Human Rights and the Day of adopting Universal Declaration on Human Rights, which was an important milestone in modern protection of human rights in the world, was held on 10th December, 2012 in the Rectorate of the University of Montenegro, in Podgorica.

The event was organized by the Government of Montenegro, Institution of Ombudsman, the University of Montenegro, agencies of the UN in Montenegro, OSCE mission in Montenegro and NGO Citizens’ Alliance.

The Panel discussion was attended by the representatives of the Government, state institutions, diplomatic society, civil society and academic society, which was the occasion to exchange experiences and provide constructive suggestions in the aim of further promotion of human rights and freedoms in this important segment of respecting human rights.

The participants of the Panel discussion – Mr. Halil Duković, PhD, Member of the Parliament of Montenegro, Ms. Slavica Rabrenović, Assistant to the Minister of Justice, Mr. Petar Ivezić, Deputy of the Ombudsman for torture prevention, Mr. Pavle Karanikić from the Ministry of Foreign Affairs, Mr. Milan Radović, coordinator of the Citizens’ Alliance, Ms. Sandra Horina, coordinator in the Human Rights and Rule of Law Department in the OESCE Mission in Montenegro, Mr. Milan Tomić, assistant to the Director of the Institute for the Execution of Criminal Sanctions, Mr. Dragoljub Bulatović, secretary of the Commisiion of the Ministry of Justice for parole,  representatives of the Catholic and Orthodox religious society,  Mr.  Saša Mijović from NGO “Four life”, Ms. Jelena Jovanović, journalist of ND “Vijesti” and Ms. Mirjana Radović from NGO “Action for Human Rights” - spoke about the role of the state in protection of human rights of the imprisoned persons, current situation and problems in this area and further plans in the aim of improvement of normative and general legal framework as well as promotion of alternative sanctions.

To support the implementation of international standards and instruments in this area, and under the conditions stipulated by the Law on Execution of Criminal Sanctions, the Ministry of Justice within the Department for Execution of Criminal Sanctions ensures that each convicted person has the right to legal assistance, marital and religious life, as well as other rights provided by the Law and other regulations. Convicted person has the right to complain, provided that he/she considers the right related to execution of the sentence or other irregularities made to be violated.

On behalf of the Parliament of Montenegro, the Panel discussion was attended by Mr. Halil Duković, PhD, Member of the Parliament of Montenegro, who, in the previous Convocation of the Parliament as a member of the Committee on Human Rights and Freedoms, was able to visit the Prison in Spuž, together with other members of the Committee and Ombudsman of Montenegro. He assessed that the state did a lot in improving the protection of right of imprisoned persons in prisons and detention units. However, it is estimated that the overcrowding in the prisons is main problem that causes all the others, and it can be solved in two ways: by building new facilities and smaller influx of prisoners. Therefore, in order to settle this problem, we are looking forward to recent building of the prison for long-term sentences, and a prison hospital. He believes that a lot can be done to reduce the influx via alternative sanctions and work in the public interest, and considers the help NGO sector to improve prison conditions to be valuable.

He emphasized that, due to the belief of every convict to not be guilty, motives and reasons for frequent strikes in the Institute for the Execution of Criminal Sanctions should be taken with reserve. According to his assessment, at the Panel, the least attention was given to the efficient re-socialization of convicted persons in order to decrease the number of returns. Mr. Duković also believes that the least was done in this area, so there is room for action, not only by the competent services, but the complete the community - the Ministry of Justice, NGOs, civil society, religious groups, the media, to provide overall contribution.

All preset were unanimous in the assessment that the execution of criminal sanctions system should be improved so that it provides respect of rights of convicts, including any type of discrimination and violence, torture and inhumane and degrading treatment. It is necessary to activate civil sector, companies, international representatives and other relevant entities that may contribute efficient re socialization of the convicts.

Statistics in the field of criminal sanctions supports the fact that in Europe there is a general upward trend in the prison population, and the need is stressed to respect the principle that the sentence is the last resort and that it is necessary to promote the criminal penalties that are an alternative to imprisonment, with the participation of all relevant subjects, and the quality of cooperation between prison and probation services to a large extent can bring better quality re-socialization of convicts.

Application of the Convention of the Council of Europe and the European Prison Rules, under the conditions stipulated by the Law on Execution of Criminal Sanctions, by the Ministry of Justice is dedicated to the requirement that every convict has the right to legal assistance, work, informing, health care, correspondence, visits, receiving shipments, married life, as well as other rights provided by the Law and regulations. Also, Convicted person has the right to complain, provided that he/she considers the right related to execution of the sentence or other irregularities made to be violated. Convicts are ensured the protection of rights through objection to the decision of the Head (on which the Principle of the Prison decides), as well as via judicial protection of convicted persons, realized in administrative proceedings (against the decision of the Head of the Institute). In the case of the use of force against a convicted person, the obligation of the Institute for the Execution of Criminal Sanctions is to prepare and submit a report to the Ministry of Justice with the established facts and the assessment of the abuse of powers, and to inform the competent institution of the case.

At the Panel, good cooperation between the Ministry of Justice and the Institute for the Execution of Criminal Sanctions with the Institution of Ombudsman in Montenegro was emphasized, which as the national mechanism for protection of rights of imprisoned persons and prevention of torture has the opportunity of unannounced visit to the prisons and detention units, and which from September, 2012, unannounced  visited 27 detentions, and soon the report on condition of human rights of imprisoned persons and conditions in the prisons will be made.

The representatives of the NGO “Civic Initiative” brought attention to the information dating from the earlier period and 2010, that a lot was done in the meanwhile and that today there is no cases of abuse and torture, which implies to the improvement trend.

In addition, the complaints on the work of the Commission of the Ministry of Justice for Parole and its efficiency, which never, as in 2012, decided on probation release (in 2012 it reviewed around 600 applications, of which about half was resolved positively) were rejected because it worked in legal terms, in accordance with the Law and the principle of fairness, which is as such recognized in the region as good practice.

Ms. Sandra Horina coordinator in the Human Rights and Rule of Law Department in the OESCE Mission in Montenegro emphasized that the OESCE Mission tried to help Montenegro to improve protection of rights of imprisoned persons and that Montenegro has done a lot regarding this area.

Mr. Milan Tomić, assistant to the Director of the Institute for the Execution of Criminal Sanctions agreed that overcrowding is the main source of the problems, but the improvements have been already made by the reconstruction of the Remand, and the building of new prison facilities was planned, and the cooperation with the Development Bank of the Council of Europe was intensified, in order to get credit for building of priority facilities in the aim of improvement of protection of rights of imprisoned persons and relieve the existing prison capacities. In the last few months, medical care was significantly improved by hiring more doctors, certain specialists’ visits were provided and health care outside the Institute was provided; visits and rights to married life  with the priority to improve conditions those facilities, depending on the financial possibilities, right to education, informing, parole. Mr. Tomić has also emphasized the quality cooperation with the Ombudsman and NGO “Civic Initiative” and “For life”.

After the Panel, in order to further improve the respect of rights of imprisoned persons, Recommendations that comprise opinions from the Panel were adopted.