A/HRC/44/45/Add.1
people were in the country in 2019 waiting for a decision on their asylum claims. Those
applicants whose applications are rejected or for whom the deadline has expired, by law,
should return to their country of origin. Montenegro provides assistance for voluntary
return.
47.
In cases of unaccompanied and separated children, a social worker is immediately
appointed to each child. The Ministry of Labour and Social Welfare has established a
clearly defined protocol with the centre for social welfare for when an unaccompanied
minor is identified. Children sometimes come with a sibling or alone. If the sibling is an
adult, the sibling is appointed as the carer; if not, the centre for social welfare will appoint a
carer. As with children who are victims of trafficking, assistance is channelled through the
centre for social welfare and accommodation provided in the shelter in Pljevjla. However,
concerns have been raised about the inadequacy of that solution in the long term. For
children who are victims of trafficking and unaccompanied migrant children, Montenegro
must step up its efforts and find more durable solutions that are designed on basis of the
best interests of the child.
V. Investigations, prosecutions and access to justice
48.
Regarding law enforcement efforts, the low number of identified victims and the low
number of prosecutions raised many concerns. In 2018, law enforcement investigated four
such cases, and two in 2017, and the Government did not initiate any prosecutions,
although two were initiated in 2017. According to the Government, the newly established
operational team within the Police Directorate headed by the Head State Prosecutor should
bring better results in the future.
49.
Within the police department, since 2018, a unit was established for trafficking in
persons and illegal migration, replacing the former unit within the organized crime
department. In addition to the eight police officers dedicated to that unit, several city police
departments have officers acting as focal points on the issue.
50.
The police currently maintain two permanent operations: one dedicated to
trafficking in persons and another focused specifically on begging.
51.
Since the establishment of the operational team, in December 2018, and the
department on trafficking in persons and illegal migration, over 50 persons have been
arrested for trafficking in persons. In the period from January to October 2019, officers
brought charges under article 444 of the Criminal Code, on trafficking in persons, against
two persons. In addition to the cases in which victims were identified, the police began
other investigative activities in 7 cases; in 3 of them, the police applied covert surveillance
measures and, in the other 4, officers were collecting information and evidence in
cooperation with the operational team.
52.
Current cases under investigation include a case of trafficking for sexual
exploitation, a case of the labour exploitation of two Pakistani nationals in the hospitality
industry, a case of forced begging involving four Roma children and a case of forced
marriage.
53.
After the visit of the Special Rapporteur, a new case was identified, and eight
alleged perpetrators were arrested for the trafficking of 38 Taiwanese victims, who were
held in captivity in three separate locations in Montenegro. The victims were allegedly
committing Internet fraud for the benefit of that criminal group. The international operation
was carried out in collaboration with the national office of the International Criminal Police
Organization (INTERPOL) in Podgorica.
54.
As head of the team, the Head State Prosecutor has instructed all State prosecutors to
submit to her all information and data they gather on begging and domestic violence or any
other piece of evidence that points to a case or an indicator of trafficking in persons. The
instructions to the prosecutors’ offices of courts of lower instance, where people with less
experience on identifying indicators of trafficking work, is aimed at improving detection
rates. In that way, one case of trafficking was identified by a State prosecutor dealing with a
case of domestic violence who forwarded the statement taken by the girl victim to the Head
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