The extent to which Montenegrin authorities, in the course of the COVID-19 pandemic, have complied with the European and international standards of the rule of law, in the context of adopting or implementing measures relating to administrative detention (detention not ordered in relation to criminal responsibility), is assessed in the Analysis of the rights of persons deprived from liberty in non-criminal proceedings. The Analysis is now available in English and Montenegrin language.

It provides valuable tools to the legal practitioners in Montenegro for protecting human rights during extraordinary circumstances, such as COVID-19 pandemic. The findings of the Analysis concern the deprivation of liberty, underlining 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. The COVID-19 pandemic or any similar extraordinary situation cannot absolve of the obligation to use only lawful measures in depriving individuals of liberty.

The Analysis was developed 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”.

 Analysis of the rights of persons deprived from liberty in non-criminal proceedings

 English version

 Montenegrin version