Delegation of the European Union to Montenegro

Orav: Ineffective investigations undermine the rule of law

31/01/2019 - 00:00
News stories

“Montenegro continued to ensure a good level of cooperation with the European Court of Human Rights in Strasburg, but improvements are still needed regarding the application of the Court standards in daily practices,” said the EU Ambassador in Montenegro Aivo Orav at the regional conference "The obligation to execute decisions of the European Court of Human Rights", organised by the European Union and the Council of Europe in Podgorica.

"The government continues to conclude friendly settlements in cases related to the length of the proceedings and non-enforcement of domestic decisions. The overall awareness of institutions and the judiciary of the rights protected by the European Convention on Human Rights are increasing. However, improvements are still needed regarding the application of the Court standards in daily practices. Ineffective investigations do not only undermine the effective and independent rule of law system, they also endanger people’s lives,” emphasised Ambassador Orav.

Montenegrin officials are proud on the results of Montenegro in this area. Minister of Justice Mr. Zoran Pazin said that Montenegro the leader among European countries when it comes to the implementation of verdicts of the European Courts for Human Rights.

"Montenegro can be a good example for other member states of the Council of Europe. We should continue with that approach, but we must be aware that the most important thing is the development of national institutions for protection of human rights and freedom," Minister Pazin said. 

Valentina Pavlicic, Representative of Montenegro before the European Court for Human Rights, reminded that the implementation of verdicts of the Court in Strasburg is under the supervision of the Committee of Ministers of Council of Europe. Beside diplomatic pressure, this body does not have other efficient measures to oblige member states to implement verdicts.

“Because of that, democratic maturity of a country is reflected in its willingness to fulfil the obligations defined by the Convention, regardless of aggravating circumstances. As a representative in charge of implementation of European Court verdicts, I can say that the success in that matter depends to a great extent on the willingness of state institutions to proceed with their obligations in this area. The experience of Montenegro is very positive, and we have reasons to be proud,” said Pavlicic.  

According to the number of applications before the European Court of Human Rights in relation to the number of inhabitants, Montenegro was among the first five countries last year. According to the Council of Europe’s data, the citizens of Montenegro mostly complained about the violation of the right to trial within a reasonable time, as is the case with applications from most European countries.

Editorial Sections: