HFII - Improved procedural safeguards in judicial proceedings

The main objective is to support the Montenegrin authorities to further align the legal framework with the EU acquis, thus ensuring that the rights of suspects, accused persons and victims in criminal proceedings are effectively protected. In the context of the EU negotiation process, the Action contributes to transposition of EU directives into national legislation and effective implementation of the judgments of the European Court of Human Rights (ECtHR) at the national level.

The main partners and beneficiaries of the Action are: the Constitutional Court, Supreme Court, Prosecution Offices, Ministry of justice, Ministry of Labour and Social Welfare, Minister for Human and Minority Rights, Judicial Training Centre, State Agent before the European Court of Human Rights, Police Directorate, Law Faculties, Bar Association, Free Legal Aid offices and Human Rights specialised NGOs.

The following results are expected:

Improved legal framework and practice concerning the procedural rights and victims’ rights in line with the EU directives and ECtHR case law
Enhanced free legal aid mechanisms at the national level for disadvantaged and marginalised groups
Reinforced inter-judicial dialogue in the field of human rights protection
Improved legal reasoning and implementation of the European Convention on Human Rights in judicial proceedings, specifically targeting Articles 2, 3, 5 and 8 of the Convention
Reinforced human rights education at the law faculties through the human rights clinical legal trainings

Project information

Duration: 36 months (24 May 2019 - 23 May 2022)
Place/ country: Montenegro
Budget: 900 000 EUR
Funding: European Union/Council of Europe Horizontal Facility for the Western Balkans and Turkey

Project documentation

Project summary

Useful links

Publications

Gender analysis and recommendations for strengthening the inclusion of gender perspective in the implementation of the Action - ENG
Handbook on caselaw of the European Court of Human Rights in relation to Right to Property (Article 1, Protocol 1) - MON
Manual on conducting effective investigations in the cases of ill-treatment - ENG - MON
Bulletin of the Administrative Court of Montenegro - MON
Toolkit on human rights protection in extraordinary circumstances- ENG - MON
Procedural rights of persons deprived of liberty in non-criminal proceedings -ENG- MON
Right to property in the context of Article 1 Protocol 1 to the ECHR - ENG - MON
Leaflet on Free Legal Aid Offices MON- ALB
Leaflet on the Work of Victim Support Services MON
Bulletin of the Constitutional Court of Montenegro MON
Protocol for support services for witness and victims of trafficking in human beings and domestic violence- ENG - MON

Back Victims must be protected from secondary victimisation

@ Council of Europe

During the working meeting with lawyers, that took place in Kolašin on 25 and 26 May 2022, the position of the victim of domestic violence in the framework of criminal procedure was discussed, with the aim to enhance lawyers’ capacities to protect victims and prevent secondary victimisation. Very often victims feel responsible for the crime due to the inadequate response of the relevant authorities to their allegations. Therefore, legal representation and support throughout entire judicial proceedings is essential for the protection of victims. The right to free legal aid is one of the most important rights, that is, unfortunately, not often used in the cases of domestic violence.

Not only do the victims need to be informed of their rights, but other actors in the system must also respond adequately to their needs, thus providing comprehensive support. Lawyers, as free legal aid providers, play an important role in this respect and need to be sensitised to deal with the victims of violence. To this end, the event brought together representatives of the police, prosecution, courts, lawyers from the northern region, the NGO Women’s Rights Centre and the Council of Europe, aiming primarily at enhancing the judicial response to cases of domestic violence.

The meeting was organised in the context of the campaign #TellTheWholeStory, that is implemented to raise the awareness of victims on the available protective mechanisms. The activities aiming to enhance capacities of lawyers to provide free legal aid to victims of domestic violence are organised within the action "Improved procedural safeguards in judicial proceedings in Montenegro", which is part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.

KOLAŠIN, MONTENEGRO 25-26 MAY 2022