A/HRC/10/9
page 54
255. According to the records kept with the Supreme State Prosecutor’s Office, the proceedings
are before the Basic Court in Podgorica with respect to 40 lawsuits filed against the Republic of
Montenegro, requesting, in the majority of cases, compensation for the economic damage
derived by the loss of income provided by the disappeared person to his family.
256. The Government informed that the request for suspending the civil litigation proceedings
until the criminal proceedings were completed was based on article 14 of the Law of Litigation
Proceedings. The Government further informed that litigation actions undertaken by the
Supreme State Prosecutor’s Office were to determine the existence of the liability of the State for
compensation.
257. The Government reported that the Ministry of Justice was considering the settlement,
through intermediation, as far as the compensation of victims of the deportation was concerned.
Total cases transmitted, clarified and outstanding
258. Since its establishment, the Working Group transmitted 16 cases to the
Government of Montenegro. It clarified 1 case on the basis of information provided by the
Government; 15 remain outstanding.
Observations
259. The Working Group deeply appreciates the commitment of the Government of
Montenegro to meet with the Group.
260. The Working Group congratulates the Government for its extensive efforts at clarifying the
allegations regarding the deportation of Muslims. The Working Group requests the Government
to take the same steps in regard to the 15 outstanding cases.
261. The Working Group reminds the Government of its obligations to conduct thorough and
impartial investigations “for as long as the fate of the victim of enforced disappearance remains
unclarified”, in accordance with article 13.6 of the Declaration.
Morocco
Number of
outstanding
cases at the
beginning of
the period
under review
63
Cases transmitted to the Government
during the period under review
Cases sent under
Cases sent under
the urgent action
the standard
procedure
procedure
1
Number of cases on which the
Government has replied
1
General allegation
Prompt intervention letter
Working Group request for a visit
0
Cases clarified during the period
under review by:
Government Non-governmental
sources
5
Multiple replies on some cases
No
N/A
N/A
N/A
Number of
outstanding
cases at the end
of the year
under review
1
58
Number of cases of possible clarification
by Government (6-month rule)
0
Government response
Government response
Government response
N/A
N/A
N/A
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