A/HRC/44/45/Add.1
State Prosecutor. The statement provided indications of a case of trafficking and further
investigation proved that it was a case of trafficking for begging. Five minors were
trafficked by their father, who forced them to beg, taking all of their personal documents.
The children were driven to a particular location in a touristic coastal town to beg and, at
the end of day, they were taken back home. The case was under review in the High Court in
Podgorica at the time of the Special Rapporteur’s visit.
55.
The Office of the Head State Prosecutor also shared with the Special Rapporteur two
more cases that were at the investigation stage. One of the cases concerned an unlawful
marriage by a father of his 13-year-old daughter, in 2017, for €5,000. The other case was
one of trafficking for the purpose of labour exploitation. Two nationals of Pakistan were
lured by a trafficker on the promise of acquiring asylum status for €20,000. The two men
were forced to clean several tourist apartments to pay for the asylum process. The police
detained the alleged perpetrator, and the Office of the Head State Prosecutor has ensured
support to victims. Other cases discussed included a case of sexual exploitation involving
two persons, which led to the conviction of two perpetrators, with the most severe
punishment being 15 and 17 years’ imprisonment, respectively. The Head State Prosecutor
noted a case in Bljelo Polje and seven additional cases in the investigation phase
concerning four adults and seven children.
56.
Regarding the application of the non-punishment principle, in its review, the Group
of Experts on Action against Trafficking in Human Beings raised concerns about the
penalization of one potential victim for crimes committed as a direct result of being
subjected to trafficking due to inadequate identification. Recently, with assistance from the
Organization for Security and Cooperation in Europe, and on the basis of recommendations
of the Group of Experts, the national Office for the Fight against Trafficking in Persons
elaborated guidelines on the non-punishment of victims of trafficking in persons for their
involvement in illegal activities that they were forced into doing. The guidelines are
intended for the police and the judiciary, which were invited to participate in the drafting of
the guidelines. During her visit, the Special Rapporteur praised that initiative as an
important step towards the protection of victims of trafficking, given that, an inherent
component of situations of trafficking was that the victims were coerced to commit the
illicit act. Ensuring that victims will not be criminalized for those actions and eliminating
victims’ fear of being prosecuted are key to encouraging victims to come forward. That
guidance should be used and the subject be included in training for front-line officers at all
levels.
VI. Redress for victims of trafficking in persons
57.
The Special Rapporteur welcomed legislative initiatives, such as the law establishing
a fund for compensation to victims of violence, which should facilitate access for trafficked
persons’ to compensation. However, that legislation, passed in 2015, will only enter into
force after the accession of Montenegro to the European Union. She strongly recommended
that the Government and the Parliament bring forward the date of entry into force of that
law, which was essential to the social inclusion of victims and survivors. The law sets out
that compensation for physical and psychological damage, as well as for loss of earnings,
will be provided by the State when it cannot be obtained from the perpetrator.
Compensation is envisaged in cases in which the victim has suffered a serious bodily injury
or serious impairment of his or her physical and mental health, or has died. Citizens of
Montenegro, citizens of States parties to the European Convention on the Compensation of
Victims of Violent Crimes, citizens of States members of the Council of Europe and the
European Union with permanent residence in Montenegro, as well as nationals of States
members of the European Union and persons lawfully residing in the European Union, are
eligible for compensation under the law. The compensation covers the costs of health care,
loss of earnings and funeral expenses. If the criminal act caused incapacity for work, a lump
sum not exceeding 10 months’ average net earnings would be paid. The procedure for
compensation must be initiated by a written request to the Ministry of Justice no later than
six months from the date of the offence. A commission will be set up by the Government to
decide on compensation. Compensation can be awarded before the initiation of judicial or
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