Justice at Risk? Political Influence and Corruption Challenges

The Committee raised concerns about political interference in judicial appointments, citing reports that selections for the Judicial and Prosecutorial Councils were politically driven, eroding public trust. It also noted delays in filling judicial vacancies, questioning Montenegro’s commitment to an impartial judiciary. In response, Montenegro pointed to amendments to the Law on the Judicial Council and Judges and the Law on the State Prosecutor’s Office, claiming these reforms aligned with Venice Commission and EU recommendations. However, with only 42% of Montenegrins trusting the judiciary, the Committee remained skeptical and demanded proof that reforms effectively prevent political influence.

The Committee also flagged high-level corruption, particularly within the judiciary and law enforcement, and questioned Montenegro’s ability to hold officials accountable. Montenegro cited legal amendments allowing the Anti-Corruption Agency direct access to public officials’ financial records, as well as stronger whistleblower protections and increased transparency in public procurement. Pressed on lenient sentences and dismissed corruption cases, Montenegro admitted enforcement challenges but reaffirmed its commitment to transparency, announcing 2025 reforms to strengthen the Anti-Corruption Agency’s independence.

Rising Denial, Delayed Justice: Montenegro’s Struggle with War Crimes Accountability

Srebrenica Genocide Center. Author: Dado Ruvic/Reuters

The Committee expressed concern over Montenegro’s approach to 1990s war crimes, citing ongoing impunity and increasing denialist rhetoric, particularly its failure to fully acknowledge the Srebrenica genocide. It called for concrete measures to counter historical revisionism and strengthen accountability.

Montenegro, citing its commitment to justice, highlighted a parliamentary resolution on Srebrenica, regional cooperation on prosecutions, and its signing of the Ljubljana-The Hague Convention. It reported reopening four war crimes cases, including Morinj and Bukovica, under the 2024 Strategy for Investigating War Crimes, which mandates case reviews and new legal avenues to address impunity. Amendments to the Criminal Procedure Code now allow courts to use evidence from the International Residual Mechanism for Criminal Tribunals. While noting these efforts, the Committee remained unconvinced, citing delays, legal barriers, and lack of high-level accountability, and questioned whether they would lead to meaningful justice for victims.

Gender Equality on Paper: The Gap Between Law and Reality

The Committee voiced serious concerns over gender-based discrimination, pointing to workplace inequality, domestic violence, and deep-rooted stereotypes. While Montenegro has legal protections in place, the Committee stressed that enforcement remains weak. Montenegro cited planned 2025 amendments to the Anti-Discrimination Law and increased funding for domestic violence shelters, but the Committee demanded clearer data on prosecutions and convictions for gender-based violence. On sex-selective abortion, Montenegro stated that privacy laws prevent data collection but pointed to awareness campaigns. The Committee, however, pushed for stronger monitoring mechanisms.

Regarding domestic violence, the Committee questioned whether legal reforms were making a real impact, particularly in victim support, risk assessment, and judicial efficiency. Montenegro pointed to the December 2023 amendments, which clarified the distinction between misdemeanors and criminal offenses and increased penalties for verbal threats, previously dismissed as minor offenses. However, the Committee highlighted systemic failures, noting that four out of six femicide victims (2020–2024) had sought help but were not protected. It also doubted whether the planned criminalization of femicide (Article 144 amendment) would be effective without broader reforms.

Watch the review session again here (Day 1) and here (Day 2).

Disclaimer: Transcripts of the dialogue available here powered by WIPO Speech-to-Text served as the main source of the presented article. While all the information was carefully checked, please refer to the audio or UN WebTV for an official version of the dialogue.

Recommendations of the Human Rights Committee

The Concluding Observations on Montenegro's second periodic report were released on 28th March 2025. The State party is requested to provide, by 28th March 2028, information on the following recommendations:

Discrimination on the grounds of sexual orientation and gender identity

The State Party should:

(a) Continue combating stereotypes about, and negative attitudes towards, persons on the basis of their real or perceived sexual orientation or gender identity, including through public information campaigns and education programmes in schools that provide students with full, accurate and age-appropriate information on sexuality and different gender identities;

(b) Reinforce the legal framework to promote the equal rights of lesbian, gay, bisexual and transgender persons, notably by adopting the draft Law on Legal Gender Recognition based on Self Determination, ensuring it clearly prohibits forced medical sterilization or other inhumane medical procedures;

(c) Adopt the necessary legal amendments to ensure effective implementation of the Law on Life Partnership of Same Sex Persons enacted in July 2020;

(d) Ensure that hate speech and violence motivated by a victim’s sexual orientation or gender identity committed by individuals or State officials are investigated promptly, that those responsible are brought to justice and, if convicted, appropriately punished, and that the victims receive comprehensive reparations, including rehabilitation and compensation.

Conditions in places of deprivation of liberty

The State Party should:

(a) Enhance the measures designed to end and prevent overcrowding, in particular through expediting the construction of new prison facilities as well as a wider application of alternatives to pretrial detention and non-custodial prison sentences, as provided for in the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules);

(b) Address overcrowding in psychiatric hospitals where persons are detained, notably by expediting the construction of the “Special Hospital” within the prison complex in Spuž and ensuring adequate resourcing and effective implementation of the deinstitutionalization strategy (2025-2028) adopted in December 2024;

(c) Intensify its efforts to improve material conditions in all places of deprivation of liberty, including through the renovation of existing facilities.

Freedom of expression

The State Party should:

(a) Ensure that safeguards are in place to prevent the use of Strategic Lawsuits Against Public Participation to target or restrict the activities of journalists, human rights defenders, and the media or discourage the publication of critical information on matters of public interest;

(b) Expedite the development and adoption of a revised law on access to information in line with international standards, ensuring inter alia that it guarantees the widest possible access to individuals to information of the public interest, that restrictions are minimal and clearly defined,

(c) Take necessary measures to ensure that access to information requests are promptly and appropriately responded to by authorities;

(d) Continue and expand efforts to proactively make more information publicly available, including online, in officially used languages, and in accessible formats for persons with different types of disabilities.

Here, you can find all the recommendations given by the Committee in the Concluding Observations.

The follow-up report of Montenegro on the implementation of recommendations is due in 2028. The next list of issues will be adopted in 2031, and the next periodic report is due in 2033.