Feature

To prevent this kind of harm, the Government of the newly-independent country has expressed its willingness to put in place systems such as a national preventive mechanism (NPM) to monitor prisons, and is working closely with the OSCE Mission to Montenegro to achieve its aim.

In October 2006, Montenegro signed the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The Protocol calls for States Parties to it to create NPMs and form an expert body within the UN that will carry out visits, make recommendations and work with states to implement their NPMs.

Prevention, not reaction

As the Head of the OSCE Mission, Ambassador Paraschiva Badescu, points out, the central idea behind the OPCAT and the NPMs is prevention. "The Protocol is based on collaboration among the States Parties to it to prevent violations, rather than on public condemnation of states for violations already committed," she says.

The Mission and the national prison authorities worked together throughout 2006, holding meetings in June and November aimed at finding the most appropriate prevention mechanism to implement the Protocol in Montenegro.

The events gathered a wide range of participants from the police administration, the national Ombudsman, human rights non-governmental organizations, the Association for the Prevention of Torture and the Ministries of Health, Interior and Justice.

Finding the best solution

"Montenegro is the newest - and one of the smallest - OSCE member states, but that hasn't stopped it from taking big steps towards creating an NPM," says Helen Gardiner, a Programme Officer at the Mission.

"At the meetings, we identified gaps between the country's situation and the Protocol's criteria. Most importantly, we have started evaluating and debating at the national level, which bodes well for creating a mechanism in the near future," she adds.

One possibility is for the national Ombudsman's mandate to be expanded to cover prison monitoring. "We will now begin trying to identify whether it is possible for our institution to take on such a role, perhaps in combination with a national level commission," says the Ombudsman, Sefko Crnovrsanin.

"Amending legislation is merely the starting point. We also need to ensure that we have the professionalism, the budget and the will to ensure we can rise to the Protocol's challenge," he notes.

Working together

Co-operation is also an important part of the OPCAT and creating an NPM. Recently, the country's prison administration hosted a tour for a group of representatives from the OSCE, the Ombudsman, the International Helsinki Federation for Human Rights, the Association for the Prevention of Torture and others.

"It was an opportunity for all of us to learn more about how monitoring is done in practice - helpful not just for those who will be doing the monitoring, but also for us in the prison administration to better understand our role in this process," says Bozidar Vuksanovic, the administration's Governor.

The two meetings have laid the groundwork for creating a suitable NPM and have produced a reference booklet to guide the way. Both the Mission and prison administration will continue working together to find the best solution for the country.

Expertise in reform

"We have an excellent working relationship with the OSCE Mission and value its expertise in this area of reform," Vuksanovic says.

A working group has been set up to draft concrete proposals for establishing an NPM. It will take particular account of OPCAT's main criteria, covering aspects such as independence and composition, authority during visits and the range of places of detention that can be visited.

For 2007, the OSCE Mission is planning a number of capacity-building initiatives, including a study trip to enable the working group to see a recently created NPM in action.

"We anticipate much greater co-operation with states that have already created such a mechanism, so that we can learn from them and create a system that works for Montenegro," says the OSCE's Gardiner.