Protector of Human Rights and Freedoms of Montenegro Mr Šućko Baković stated that the Report on the state in the Remand Prison Podgorica represented the first general assessment of the Protector as the National Preventive Mechanism. He reminded that with the adoption of the new Law on the Protector of Human Rights and Freedoms of Montenegro, the Protector has been formed as the National Preventive Mechanism (NPM) and thus its authority have been extended to the prevention of torture and other forms of inhuman or humiliating punishments or treatments. Also, Protector formed advisory body, composed of experts in the filed penology, psychiatry, psychology, defectology, forensic medicine and other relevant fields, in order to consider the state in bodies, organizations and institutions where persons deprived of freedom or persons with restricted movement live and in order to give expert opinion.     

Speaking about the work methodology, Protector emphasized that, with the aim of considering the state in the Remand Prison Podgorica, he drafted questioners for detaineesand Prison Administration in order to gather necessary data. During the indirect communication with detainees based on the already prepared and systematized questions, all individual answers have been recorded and facts have been stated.  

Specially prepared questionnaires have been adjusted for the Management of the Remand Prison, security service and health service which operate at the level of the Institute for Execution of Criminal Sanctions (IECS). First, conversation with the management of IECS have been done, then with the management of the Remand Prison, and following that, the visit of the premises where detainees are based or may be placed, premise for joint stay of detainees and premise where employees in the Prison work or live.   

In order to consider respect of human rights of detainees based in the Remand Prison Podgorica, National Preventive Mechanism performed the survey of accommodation and other conditions in the period 3-31 December 2012. Special attention have been paid to issues of health care, drinking water, nutrition, hygiene, ventilation, lighting, bathrooms and toilets, size and capacity of rooms and singles, activities regime outside of the living room and disciplinary proceeding.

Protector assessed that the lack of space and overpopulation in the Prison is the key problem which should be solved. Also, concern is caused by inadequate equipment in the bathrooms, lack of showers and poor hygiene, poor state of toilets in most of the rooms and solitary confinements, moisture in most of sleeping rooms and hallways, inadequate and deteriorated heating, worn out mattresses and pillows, as well as worn out metal beds in one part. Since the Remand Prison Podgorica is located in the climate area known for high humidity and extremely high temperatures, it isnecessary, for humane reasons, to provide minimum standards for normal stay of detainees in room and solitary confinement.       

Protector of Human Rights and Freedoms of Montenegro Mr Šućko Baković emphasized that, as the National Preventive Mechanism, based on the state assessment, and with the aim of enhancing current state in the Remand Prison Podgorica, sent about thirty recommendations to competent Ministry of Justice and Institute for Execution of Criminal Sanctions.  

Director of the Institute for Execution of Criminal Sanctions, Mr Miljan Perović stated that in addition to the Protector of Human Rights and Freedoms of Montenegro who, as the National preventive mechanism monitored the work over the IECS​​, the monitoring was carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) as well through his visit in February this year, as well as NGOs. It was pointed out to certain shortcomings in the prison system, where number of activities for solving these problems in the continuity should be undertaken.  

He stressed that the IECS Administration, in cooperation with the Directorate of Public Works performed renovation of the old prison kitchen, so that by the end of the year a new kitchen would be enabled. It also announced that it has purchased a significant number of pillows, mattresses and bedding, which has improved the situation in this area. It was particularly encouraging that detainees in talks with representatives of the institution of the Protector pointed out that employees treated them fairly and professionally, and that the Remand Prison Podgorica had no cases of abuse and torture which has been proven by the fact that the Institution of the Protector did not receive any single complaint.

MP Srđa Popović PhD stated that the situation in the Remand Prison Podgorica was not bad. He believed that more attention should be paid to other categories of the population, especially children and youth, in a way that more funds should be allocated for the construction of kindergartens and schools. He pointed out that detainees and prisoners should be employed in order to be productive members of society.

MP Dritan Abazović MA, expressing the belief that the IECS Administration made ​​progress in improving conditions in its rooms, stated certain issues which should be improved in the future related to hygienic delivery of bread, providing adequate ventilation, sanitary facilities for a healthy life in all rooms and solitary confinement, creating a functional and adequate seasonal heating of rooms and solitary confinements. He believed that this would provide the necessary human conditions for deprived persons, because the government should equally take care of all groups in society.  

MP Kemal Zoronjić praised the Report of the Protector, but said that certain data were troublesome, noting that conditions for laundry were not provided, there were no special facilities for the practice of religion, and that diet was not completely adapted for the members of the Islamic domination, given that a certain number of people complained, and a significant number of them used the food provided to them from their homes. It was commendable that there was no reported case of abuse.  

Deputy Chairperson of the Committee, Ms Ljiljana Đurašković PhD praised Protector of Montenegro for thorough and detailed Report. She believed that detainees should be provided natural conditions, and the lack of space and overpopulation in prisons should be solved. She pointed out that, primarily, necessary amounts of bedding, mattresses and pillows should be provided as well as conditions for accommodation of prisoners with disabilities and adequate artificial lighting in rooms which allowed detainees to read, and sanitary facilities should be provided with adequate ventilation. Also, all rooms and solitary confinements should be provided with adequate hygiene for healthy living and adequate conditions for a confidential conversation with a lawyer. When it comes to health care, it was necessary to introduce a daily record of the medical treatment and provide necessary number of employees in accordance with established systematization in the health service.

Director of IECS  Miljan Perović informed that all premises are equipped with central heating and artificial lighting, and that airway was installed in all the premises where it was feasible, whilst in other premises they have set up windows.  He also informed that they also procured special cart for hygienically delivering of bread. Two of the detainees with disabilities have been provided with wheelchair and number of rooms was modified to meet the needs of disabled persons. There are plans for setting up entry and exit ramps adjusted for the disabled persons. He reminded that IECS is in charge of 1300 of convicted persons and detainees, with the remark that the alimentation of prisoners is rather than average in Montenegro. Prisoners on a special regime, such as subject of religious beliefs, are free to choose from nine diets. He notified that practicing of various religions in the prison is free and that the prisoners, by submitting the written request, are enjoying their right to religious life in prison regularly, besides from the lack of special premise for such purposes.

The Director of IECS invited the Committee on Human Rights and Freedoms to visit IECS and to evidence the conditions in this institutions, and the Chair of the Committee on Human Rights and Freedoms, Ph. D Mr Halil Duković reminded of the Committee's Activity Plan for 2013 where a visit to IECS has been planned, and he also pointed out the Committee's visit to IECS realized in the last Convocation.

Chair of the Committee on Human Rights and Freedoms, Ph. D Mr Halil Duković emphasized the efforts of the state to improve the protection of persons deprived of their liberty. Apart from that, there is still a problem of overpopulation which is solvable by building the new objects or by developing new alternative sanctions. He found the plans for building a prison for long sentences and prison hospital to be significant. He concluded that by joint work of all responsible in the following period great work could be done on improving the conditions in prisons, having in mind the financial restrictions. 

Committee on Human Rights and Freedoms approved the Report of Human Rights and Freedoms Protector of Montenegro by unanimity, as a National Preventive Mechanism on the conditions in the Remand Prison in Podgorica supporting the Recommendations of the Human Rights and Freedoms Protector of Montenegro addressed to the Ministry of Justice and to the IECS. Committee decided to deliver the Conclusion to the Collegium of the President of the Parliament of Montenegro, Delegation of the Parliament of Montenegro to the Parliamentary Assembly of Council of Europe, Ministry of Justice and Institute for Execution of Criminal Sanctions.

Deputy of the Human Rights and Freedoms Protector of Montenegro for the Rights of Children Ms.  Nevenka Stanković reported that, as a part of the third phase of the Project “Promotion of the position of children in the purpose of protection from all forms of exploitation”, conducted by the Regional Children Ombudsman Network in the South East Europe (CRONSEE), with the support of Save the Children, the Institution of Protector has conducted research on the abuse of children via Internet.

Deputy of the Human Rights and Freedoms Protector of Montenegro for the Rights of Children pointed out that the main objective of the research was to acknowledge notion and recognition of the danger and risks of the modern technologies towards children as well as the means of protection of children from abuse. She presented the methodology of research realized through questionnaires directed to the subjects and organisations in charge, organized focus groups with experts and through direct interviews with children. Information gained through questionnaires, directed to all institutions and individuals with the role of prevention of abuse of children via information and communication technologies, including children as well, media, professionals in educational and social system, police, justice, parents’ councils, NGO representatives, internet and telephone companies representatives.

Deputy reminded that official statistics show that children, age of ten to thirteen years, have been victims of abuse via internet, as well as one of four girls and one of six boys has been victim of some kind of sexual abuse via internet. With regards to the advantages and flaws of the Internet, and its importance in lives of the majority of population, problems to confront with are more serious and far-reaching.

Deputy informed of creating standard questionnaires for all the relevant subjects involved in protection of children and their interests within their work and competencies and they have been directed to the state bodies in charge of these issues.

For the purpose of research “Abuse of children on the Internet” one of the methods was focus groups conducted with children, age of ten to thirteen and fourteen to eighteen as well as with parents and professionals. Total of nineteen groups have been conducted. Questions and guidelines for interviewing with children have been conceived in a manner to gather the information, opinions and attitudes from the children on the time spent on the Internet, content reviewed, on their conscience over exploitation and abuse on the Internet, whether they recognize certain behaviour as abuse or exploitation, their experiences, as well as if they exchange information on this issue with their parents.

Interviews have been made with NGOs tackling with the issue of protection of children on the Internet as well as the analysis on the methods of using Internet and possible abuse of the children.

Deputy of the Protector pointed out that for this research legal analysis of the relevant provision in the national legislation and their compliance with international documents has been made.

She emphasized that on behalf of the results gathered through questionnaire it has been found that four cases of exploitation of children on the Internet have been registered in Montenegro in 2011. and 2012; all of them female minors.

The assessment was made that neither children nor their parents are well informed on the means of abuse on the Internet and there are no clear and precise procedure of conducting after reported cases. The necessity of continuous education of children starting from the earliest period of life on the safe ways of using the Internet and taking the measures and actions on launching the campaign in the purpose of raising the awareness of the general and professional public on this topic has been emphasized.

Deputy of the Human Rights and Freedoms Protector of Montenegro for the Rights of Children informed that on the grounds of current assessment of the state, specific Recommendations to state institutions in charge, which refer, among other things, to the initiating of harmonization of Crime legislation, particularly in the part treating protection of child from abuse of information technologies, with international responsibilities and standard of international law. It has also been recommended to form a unique and systematic information base compilating all cases of children abuse on the Internet and to undertake measures and acts towards establishing coordinated cooperation among the institutions in line with the aim of establishing efficient policies and joint action on combating and preventing different kinds of abuse of children on the Internet.

The Assistant of the Minister for Education Ms. Vesna Vučurović informed that the Ministry is undertaking a number of activities in order to educate children and their parents on the safe use of the Internet. Suggesting that children in primary and secondary schools already attend classes on Informatics, she inform that the teaching staff is training children on the advantages and disadvantages of the Internet. She has also pointed out that Ministry of Education, in cooperation with the Ministry for Information Society and Telecommunications, Telenor and with the support of NGO sector has realized projects on the safe use of Internet. The pilot project included five schools and promoted ten ambassadors of safe use of the Internet, while 60 ambassadors of safe use of the internet were engaged this year and more than 200 peer education workshops were held and over 4,000 students were involved. She stressed that the Ministry of Education in collaboration with Microsoft Montenegro performed activities to protect computers in schools in order to provide a system which would not allow children to have access to certain contents via school computers.  

MP Ms Draginja Vuksanović PhD, member of the Delegation of the Parliament of Montenegro to the PACE stated that it should worry how much time children spend on the Internet and thought that parents should devote far more time to children and control the way their children use the Internet.

Chairperson of the Committee assessed that the Report on child abuse on the Internet expressed a true and impartial state in this field. He commended all the activities undertaken by the Ministry of Education, stating that those activities should be continued in the future. He stated that the Ministry of the Interior should take actions and measures to establish a coherent and comprehensive database on cases of child abuse on the Internet. Also, establishing greater trust between children and parents should be assessed as important in order to discuss this problem as well as the cooperation of all state institutions and NGOs in order to overcome the problem in this field.  

Committee on Human Rights and Freedoms unanimously accepted the Report on child abuse on the internet with the Conclusion that supported recommendations of the Protector of Human Rights and Freedoms of Montenegro addressed to the competent state bodies which should take action in order to create a secure virtual environment in the best interest of the child. The Committee decided to submit the conclusion of the Collegium of the President of the Parliament of Montenegro, the Delegation of the Parliament of Montenegro to the Parliamentary Assembly of the Council of Europe and relevant ministries to which recommendations are addressed: the Ministry of Justice, Ministry of Labour and Social Welfare, Ministry of Interior, Ministry of Information Society and Telecommunications and Ministry of Education.