A/HRC/10/74
Page 16
The delegation stated that, in two cases, it was established that the attacks were not politically
motivated, which was confirmed by one of the journalists as well. Montenegro expressed its
willingness to protect media freedoms and commitment to investigating fully all the cases of
attacks on journalists.
63.
Montenegro stated that, by the end of 2008, the Government will submit to Parliament
the Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto for
ratification.
64.
The delegation emphasized that judges are not appointed by political bodies but by the
Judicial Council, an autonomous body composed mainly of judges. The financial status of judges
has significantly improved, and through the Judicial Council the judges may exert influence on
the designing of the budget for the work of courts.
65.
Montenegro reported that, with regard to cases of prosecution of war criminals in
Montenegro, agreements of cooperation have been concluded with the authorities in Croatia and
Serbia. This cooperation has resulted in joint work with regard to four war-crime cases. For the
case of Morinj, charges have been brought against 6 people for war crimes. The trial is scheduled
for 26 January 2009. The second case concerns deportation and an ongoing investigation of nine
people. The delegation emphasised that the highest-ranking officers from the police from that
period of time are included in the indictment, including the Deputies Ministers for the Interior
and Public Security at the time. The Minister was not included because he died before the
prosecution started. This case is in the stage of investigation, a number of witnesses are being
heard, and the delegation expected this investigation to be finished very soon. With regard to the
third case, Kaludjerski Laz, the charges have been brought proposing that 8 people be detained
for war crimes against civilians. Seven are in detention while the eighth person is in hiding, and
the delegation expected the hearing to be scheduled. A fourth case, known as Bukovica, concerns
the procedure against seven people charged with crimes against humanity. Work on this criminal
case has been a result of international cooperation and legal assistance. Regarding deportations,
the delegation noted that Montenegro is peacefully resolving this issue with the families of the
deported individuals and expected the process to end soon and which will include compensation
to the families.
II. CONCLUSIONS AND/OR RECOMMENDATIONS
66.
In the course of the interactive dialogue, the following recommendations were made to
Montenegro:
1.
Consider early ratification of the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
establishment of an effective national preventive mechanism accordingly (Czech
Republic); ratify the Convention on the Rights of Persons with Disabilities and
the Optional Protocol thereto as well as the Optional Protocol to the Convention
against Torture (Croatia); give serious consideration to the ratification of the
Convention on the Rights of Persons with Disabilities (Mexico);
2.
Submit its reports to the relevant treaty bodies in due time (Ukraine);
3.
Maintain its efforts to continue reaching a higher level of human rights standards
with regard to the issues of freedom of the media, functioning of the judiciary and
the situation of refugees (Turkey);
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