A/HRC/10/74
Page 4
7.
Referring to a significant new feature in the new Constitution, the delegation reported on
the introduction of independent bodies, the Ombudsman and the Judicial Council to ensure the
independence and sovereignty of courts and judges.
8.
The delegation reported that, alongside its traditional role to control constitutionality, the
Constitutional Court has the authority to decide on the compliance of laws and other enactments
with ratified international agreements. The Constitution introduced the institute of constitutional
complaint as legal redress, with anyone entitled to submit a constitutional complaint after legal
remedies before other State bodies have been exhausted.
9.
The delegation stated that Montenegro had recently participated in the session of the
Committee against Torture, members of which expressed their positive impressions of the
progress made. Referring to the results of the visit of the Committee for the Prevention of
Torture of the Council of Europe in September 2008, the delegation noted that the State’s
commitment to act in line with its recommendation is confirmed by the development of a plan of
action for the prevention of torture, which is in progress.
10.
The delegation reported on several strategies towards the establishment of a reliable legal
system, including a strategy for the reform of the judiciary for the period 2007-2012 and the plan
of action. Particular emphasis is placed on the promotion of the sovereignty and independence of
the judiciary. With a view to improving the efficiency of courts and avoiding significant delays
in trials, a law on the protection of the right to trial within a reasonable time was adopted, which
provides for protection, inter alia, through action for fair reparation in the case of violation of
this right. The Supreme Court acts upon such actions. The draft criminal procedure code will be
adopted by the Government by the end of 2008. The code will transfer the powers of
investigation from the courts to the Office of the Prosecutor while guaranteeing all rights to
persons subject to a criminal procedure. Judicial authorities are dealing with a backlog of cases,
and the delegation noted outstanding results in 2008. In order to reduce the workload of courts, a
centre for mediation was established to promote mediation in civil and criminal matters.
Montenegro reported on the Law on Training of Judges and Prosecutors and a training centre,
which has cooperated for many years with the Council of Europe in implementing training
programmes. Training for all judges will be organized in 2009 with experts from the Council of
Europe and trainers from Montenegro. The training centre also has partnerships with national
and international non-governmental organizations.
11.
With regard to combating corruption and organized crime, the delegation explained that
Parliament adopted a resolution on combating corruption and organized crime and had expressed
its willingness to prepare national anti-corruption legislation. The Government adopted the
innovated Action Plan for the Implementation of the Programme for Combating Corruption and
Organized Crime for the period 2008-2009, with activities to be implemented in the political
system, legislation, police, State administration, public finance, media and economic system. The
delegation stated that the report on implementation for the first six months of 2008 showed
satisfactory results. The powers of the directorate for anti-corruption initiatives have been
strengthened, with key activities including prevention and public campaigns. Analyses of the
level of compliance of legislation with international standards have been carried out, as have
training programmes for judges, prosecutors and civil servants.
12.
Montenegro stated that the fight against corruption and organized crime is defined also in
its strategy for the reform of the judiciary. Specialized divisions have been established in two
high courts for the crimes of corruption, organized crime, terrorism and war crimes, and the
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