According to an international organisation official, verified by the GDP, Montenegro has not established a moratorium on new immigration detention orders and there have been no releases of immigration detainees. While immigration detainees are reportedly tested for Covid-19, deportations have not been halted. The official also reported that access to the country and to the […]
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DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
SOCIO-ECONOMIC DATA & POLLS
LEGAL & REGULATORY FRAMEWORK
Decree Promulgating the Law on International and Temporary Protection of Foreigners of 29 December 2016.
(2016)
GROUNDS FOR DETENTION
LENGTH OF DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
Access to free interpretation services
infrequently
COSTS & OUTSOURCING
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOs)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
Ratification Year
Observation Date
OP ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
2013
2018
OP CRC Communications Procedure
2013
2018
VCCR, Vienna Convention on Consular Relations
2006
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
2006
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
2006
2017
ICCPR, International Covenant on Civil and Political Rights
2006
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
2006
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2006
2017
CRC, Convention on the Rights of the Child
2006
2017
CRPD, Convention on the Rights of Persons with Disabilities
2009
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2011
2017
CRSR, Geneva Convention Relating to the Status of Refugees
2006
2017
CRSSP, Convention Relating to the Status of Stateless Persons
2006
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2006
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2006
2017
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2009
2009
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
2006
2006
ICERD, declaration under article 14 of the Convention
2006
2006
ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 2008
2013
2013
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966
2006
2006
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999
2006
2006
CAT, declaration under article 22 of the Convention
2006
2006
CRC, [Third] Optional Protocol to the UN Convention on the Rights of the Child establishing a communications procedure, 2011
2013
2013
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities
2009
2009
Recommendation Year
Observation Date
Committee on the Rights of the Child
§ 62. "The Committee recommends that the State party establish a clear legal framework, including by reviewing the Law on Asylum governing the treatment of asylum-seeking children and to strengthen the implementation of the Action Plan in order to ensure that all children, are fully registered and effectively benefit from the social protection system."
2010
2010
Committee against Torture
w) information provided by the delegation that the Law on the Legal Status of Aliens (Aliens Law) has been amended in November 2006 and that asylum-seekers are now exempt from detention, even in cases where they enter or stay illegally in the State party.
2009
2009
> UN Special Procedures
> UN Universal Periodic Review
> Global Compact for Migration (GCM)
> Global Compact on Refugees (GCR)
REGIONAL HUMAN RIGHTS MECHANISMS
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
CPCSE, Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
2010
2010
2017
ECHRP1, Protocol 1 to the European Convention on Human Rights (amended by protocol 11)
2004
2004
2017
ECHRP7, Protocol 7 to the European Convention on Human Rights (amended by protocol 11)
2004
2004
2017
ECHRP12, Protocol 12 to the European Convention on Human Rights
2004
2004
2017
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment
2006
2006
2017
CATHB, Convention on Action against Trafficking in Human Beings
2008
2008
2017
ECHR, Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights
2004
2004
2017
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
According to an international organisation official, verified by the GDP, Montenegro has not established a moratorium on new immigration detention orders and there have been no releases of immigration detainees. While immigration detainees are reportedly tested for Covid-19, deportations have not been halted.
The official also reported that access to the country and to the asylum procedure were suspended from March to June 2020. Asylum seekers in the Centre for Reception of Foreigners Seeking International Protection, located in Spuz, have been placed in quarantine. Although the situation returned to normal by 8 June, admission to the Reception centre was only allowed following 14 days in quarantine and a negative Covid-19 test. The official also informed the GDP that another asylum facility will soon be opened close to the border with Albania, and will have a capacity of 60 beds.
Regarding the country’s prisons, on 24 April, the European Union and the Council of Europe donated 2,000 masks, 50 liters of disinfectants, and 10 dispensers to Montenegro’s prison administration. By 9 July, two staff members at the Spusk prison had tested positive for the disease; nine inmates and 21 staff members were placed in isolation. No Covid-19 cases have been detected thus far amongst the prison population.
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