Dr Filippo Fontanelli presents report on Montenegro’s compliance with human rights standards on administrative detention commissioned by Council of Europe and European Union
Tue 16 November 2021
On 15 October 2021, Filippo Fontanelli (Senior Lecturer in International Economic Law at the Law School) presented the findings of a report on Montenegro’s measures taken during the initial months of the COVID-19 pandemic and their alignment with human rights standards.
The report, co-authored with Professor Kanstantsin Dzehtsiarou (University of Liverpool) was commissioned within the action "Improved procedural safeguards in judicial proceedings in Montenegro", that is a part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.
The focus of the study is whether Montenegro authorities, in the course of the COVID-19 pandemic, have complied with the EU and international standards of rule of law (in particular the European Convention of Human Rights), when adopting or implementing measures relating to administrative detention (that is, detention not ordered in relation to criminal responsibility).
Following the authors’ presentation of the report’s findings, the relevant national counterparts provided their feedback on the recommendations concerning the deprivation of liberty, treatment of foreigners, and persons with mental disabilities. Particular focus was put on the fact that deprivation of liberty, in any form, must be lawful, while the laws by which a person is arrested should be clear, certain, foreseeable, accessible and non-arbitrary. COVID-19 pandemic or any similar extraordinary situation, cannot absolve the obligation to use only lawful measures in depriving individuals of liberty. The report will provide valuable tools for protecting human rights during extraordinary circumstances, such as COVID-19 pandemic, to the legal practitioners in Montenegro.