Montenegro is a country in Europe, bordering Bosnia and Herzegovina, Serbia, Kosovo, Albania, Croatia. The population of this country is approx 6,02,000 with 13,812 square kilometers area. Albanian, Bosnian, Croatian, Serbian languages are common. They have 45% Montenegrins, 28.7% Serbs, 8.6% Bosniaks, and 4.9% Albanians.
Although Montenegro has a long history of bloodshed and uthoritarianism, the present constitution seems above average. A lot of people think Europeans are saint type as they are advanced in technology, but the real truth is sour. France, Britain, Germany, Portugal, Spain do have a long history of colonial rule and looting. Even Europe’s little brothers were busy killing one another even at the beginning of the 21st century.
Given Montenegro's past history, the preamble to their constitution states that Montenegro believes in multiculturalism. Religion and State are completely separate. Human cloning is prohibited. A person unjustly deprived of liberty or convicted without reason is entitled to compensation from the State. No one is obliged to reveal his religious identity to others. State workers have no or limited right to strike.
Citizen rights may be restricted during times of war or emergency. But in no way shall it be based on biological gender, religion, language, ethnic or social origin, political or other beliefs, or financial status. Right to life; legal remedies; dignity and respect of persons; freedom of thought, conscience and religion etc. shall not be restricted in State of Emergency.
These are positive aspects. Now let's discuss the negative aspects.
Prolonged detention is possible under repressive laws, which are essentially tools of the powerful to suppress opponents. Which is crime acording to the new law, it is possible to judge the old incident based on that.
Admirable Articles of Montenegro's Constitution
Preamble (Part of it)
The commitment of the citizens of Montenegro to live in a state in which the basic values are freedom, peace, tolerance, respect for human rights and liberties, multiculturalism, democracy and the rule of law;
Article 8. Prohibition of discrimination
Direct or indirect discrimination on any grounds shall be prohibited.
Regulations and introduction of special measures aimed at creating the conditions for the exercise of national, gender and overall equality and protection of persons who are in an unequal position on any grounds shall not be considered discrimination.
Special measures may only be applied until the achievement of the aims for which they were undertaken.
Article 14. Separation of the religious communities from the State
Religious communities shall be separated from the state.
Religious communities shall be equal and free in the exercise of religious rites and religious affairs.
Article 17. Grounds and equality
Rights and liberties shall be exercised on the basis of the Constitution and the confirmed international agreements.
All shall be deemed equal before the law, regardless of any particularity or personal feature.
Article 18. Gender equality
The state shall guarantee the equality of women and men and shall develop the policy of equal opportunities.
Article 19. Protection
Everyone shall have the right to equal protection of the rights and liberties thereof.
Article 20. Legal remedy
Everyone shall have the right to legal remedy against the decision ruling on the right or legally based interest thereof.
Article 21. Legal aid
Everyone shall have the right to legal aid.
Legal aid shall be provided by the bar, as an independent and autonomous profession, and by other services.
Legal aid may be provided free of charge, in accordance with the law.
Article 25. Temporary limitation of rights and liberties
During the proclaimed state of war or emergency, the exercise of certain human rights and freedoms may be limited, to the necessary extent.
The limitations shall not be introduced on the grounds of sex, nationality, race, religion, language, ethnic or social origin, political or other beliefs, financial standing or any other personal feature.
There shall be no limitations imposed on the rights to: life, legal remedy and legal aid; dignity and respect of a person; fair and public trail and the principle of legality; presumption of innocence; defense; compensation of damage for illegal or ungrounded deprivation of liberty and ungrounded conviction; freedom of thought, conscience and religion; entry into marriage.
There shall be no abolishment of the prohibition of: inflicting or encouraging hatred or intolerance; discrimination; trial and conviction twice for one and the same criminal offence (ne bis in idem); forced assimilation.
Measures of limitation may be in effect at the most for the duration of the state of war or emergency.
Article 27. Bio-medicine
The right of a person and dignity of a human being with regard to the application of biology and medicine shall be guaranteed.
Any intervention aimed at creating a human being that is genetically identical to another human being, living or dead shall be prohibited.
It is prohibited to perform medical and other experiments on human beings, without their permission.
Article 33. Principle of legality
No one may be punished for an act which, prior to being committed, was not stipulated by law or a regulation based on the law as a punishable act, or pronounced a punishment that was not stipulated for such act.
Criminal acts and criminal sanctions may be prescribed solely by a law.
Article 37. Right to defense
Every one shall be guaranteed the right to defense, and especially: to be informed in the language he/she understands about the charges against thereof; to have sufficient time to prepare defense and to be defended personally or through a defense attorney of his/her own choosing.
Article 38. Compensation of damage for illegal action
Person deprived of liberty in an illegal or ungrounded manner or convicted without grounds shall have the right to the compensation of damage from the state.
Article 42. Confidentiality of correspondence
Confidentiality of letters, telephone conversations and other means of communication shall be inviolable.
The principle of inviolability of confidentiality of letters, telephone calls and other means of communication shall be deviated from only on the basis of a court decision, if so required for the purposes of conducting criminal proceedings or for the security of Montenegro.
Article 45. Electoral right
The right to elect and stand for elections shall be granted to every citizen of Montenegro of 18 years of age and above with at least a two-year residence in Montenegro.
The electoral right shall be exercised in elections.
The electoral right shall be general and equal.
Elections shall be free and direct, by secret ballot.
Article 46. Freedom of thought, conscience and religion
Everyone shall be guaranteed the right to freedom of thought, conscience and religion, as well as the right to change the religion or belief and the freedom to, individually or collectively with others, publicly or privately, express the religion or belief by prayer, preaches, customs or rites.
No one shall be obliged to declare own religious and other beliefs.
Freedom to express religious beliefs may be restricted only if so required in order to protect life and health of the people, public peace and order, as well as other rights guaranteed by the Constitution.
Article 47. Freedom of expression
Everyone shall have the right to freedom of expression by speech, writing, picture or in some other manner.
The right to freedom of expression may be limited only by the right of others to dignity, reputation and honor and if it threatens public morality or the security of Montenegro.
Article 52. Freedom of assembly
The freedom of peaceful assembly, without approval, with prior notification of the competent authority shall be guaranteed.
The freedom of assembly may be temporarily restricted by the decision of the competent authority in order to prevent disorder or execution of a criminal offence, threat to health, morality or security of people and property, in accordance with the law.
Article 62. Right to work
Everyone shall have the right to work, to free choice of occupation and employment, to fair and human working conditions and to protection during unemployment.
Article 66. Strike
The employed shall have the right to strike.
The right to strike may be limited to the employed in the Army, police, state bodies and public service with the aim to protect public interest, in accordance with the law.
Article 71. Marriage
Marriage may be entered into only on the basis of a free consent of a woman and a man.
Marriage shall be based on equality of spouses.
Article 72. Family
Family shall enjoy special protection.
Parents shall be obliged to take care of their children, to bring them up and educate them.
Children shall take care of their own parents in need of assistance.
Children born out of wedlock shall have the same rights and responsibilities as children born in marriage.
Article 76. Freedom of creation
The freedom of scientific, cultural and artistic creation shall be guaranteed.
The freedom to publish works of science and arts, scientific discoveries and technical inventions shall be guaranteed, and their authors shall be guaranteed the moral and property rights.
Facts of Montenegro's Constitution
Article 30. Detention
Person suspected with reasonable doubt to have committed a crime may, on the basis of the decision of the competent court, be detained and kept in confinement only if this is necessary for the pre-trial procedure.
Detainee shall be given the explained decision of detention at the time of being placed in detention or at the latest 24 hours from being put in detention.
Detainee shall have the right of appeal against the decision of detention, upon which the court shall decide within 48 hours.
The duration of detention shall be reduced to the shortest possible period of time.
Detention by the decision of first-instance court may last up to three months from the day of detention, and by the decision of a higher court, the detention may be extended for additional three months.
If no indictment is raised by that time, the detainee shall be released.
Detention of minors may not exceed 60 days.
Article 147. Prohibition of ex posto facto effect (retroactive effect)
Law and other regulation shall not have retroactive effect.
Exceptionally, if required so by the public interest established in the process of law adoption, individual provisions of the law may have retroactive effect.
Provision of the Criminal code may have retroactive effect only if it is more lenient for the perpetrator of a criminal offense.
