A/HRC/10/29
implementation of measures from the plan of action for the second half of 2008 currently
under consideration and the large number of measures completed, particularly in the field
of strengthening the independence and efficiency of the judiciary. Montenegro was working
on improving the capacities of the judicial council, the body defined in the Constitution to
ensure independence and autonomy of the judiciary. A similar situation existed with the
Council of Prosecutors, the basic function of which was to guarantee independence of the
organization of State prosecutors.
400. Montenegro attached the highest importance to the efficiency of judicial bodies. A
proposal for the criminal procedural code had been adopted by the Government, creating
preconditions for the efficient work of judicial bodies in the criminal procedure by
transferring investigation from the courts to the prosecutors and introducing an alternative
dispute resolution system. In 2008, the courts increased their efficiency in solving the issue
of backlog of cases and the clear trend was to continue with such an approach.
401. The delegation regretted that time had not permitted an elaboration of a number of
other activities undertaken in the field of the judiciary and reforms in other sectors.
(b)
Views expressed by Member and observer States of the Council on the review outcome
402. The United States of America welcomed Montenegro’s efforts to incorporate human
rights into its Constitution and the recent creation of an ombudsman institution for the
protection of human rights and a judicial council to strengthen judicial bodies and ensure
their independence. It noted the concern documented in the Working Group report by a
number of delegations about attacks and threats against journalists, and appreciated
Montenegro’s expressed commitments to protect media freedoms and its continuing efforts
to investigate these attacks and prosecute them. The delegation noted that trafficking in
persons was a problem in Montenegro, and welcomed the plan of action for the fight
against human trafficking adopted in December 2008 as a positive step to improve the
protection of victims and the prosecution of perpetrators. It also appreciated Montenegro’s
efforts to coordinate its anti-trafficking efforts with other countries in the region. It
supported the recommendations in the Working Group report with respect to minorities,
including the Roma, and the need for full protection of their rights under the law and in
practice.
403. Albania emphasized that Montenegro was a functioning democracy, a factor in
regional stability and a trustworthy partner. It noted that Montenegro’s report was
testimony to its immense progress in the promotion and protection of human rights and the
modernization of its society. It also noted Montenegro’s clear replies, its genuine
commitment to bring the country into line with the recommendations made and, in
particular, the clear objectives set for the future of the country. Albanian and Montenegrin
police and justice institutions worked closely together, with the support of European
colleagues, in combating trafficking and organized crime in both countries. It noted that the
Albanian minority in Montenegro was a bridge of friendship between them and enjoyed all
the freedoms of a democratic society. In the Balkans, an area which had often suffered
ethnic problems, this fact represented a giant step towards peace and prosperity. Albania
noted with satisfaction that Montenegro had provided guarantees for fundamental rights and
freedoms and had embarked on the right path towards a brighter future for its citizens.
404. China appreciated Montenegro’s sincere and responsible attitude during the
universal periodic review and thanked it for its cooperation throughout the whole process.
China noted with appreciation that Montenegro had overcome all the difficulties that
emerged during the initial stage of the establishment of the country and had made much
progress in protecting and promoting human rights. Montenegro had a fairly complete
constitutional and legal framework, had established a unit in charge of protecting minority
rights and an ombudsman, and had implemented various national strategic plans on gender
GE.09-17451
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