According to an international organisation official, verified by the GDP, Montenegro has not established a moratorium on new immigration detention orders and there have been no releases of immigration detainees. While immigration detainees are reportedly tested for Covid-19, deportations have not been halted. The official also reported that access to the country and to the […]
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DETENTION CAPACITY
ALTERNATIVES TO DETENTION
PRISON DATA
POPULATION DATA
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Bilateral/Multilateral Readmission Agreements
Name
Year in force
GROUNDS FOR DETENTION
LENGTH OF DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratification Year
Observation Date
OP ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
2013
2018
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2006
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2011
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2006
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2006
2017
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2009
2009
Ratio of relevant international treaties ratified
Ratio: 17/19
Individual Complaints Procedures
Acceptance Year
ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 20082013
2013
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 19662006
2006
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 19992006
2006
CRC, [Third] Optional Protocol to the UN Convention on the Rights of the Child establishing a communications procedure, 20112013
2013
Relevant Recommendations or Observations Issued by Treaty Bodies
Treaty Body
Human Rights Committee
Recommendation Year
2025
Recommendation Excerpt
35. The State party should:
(a) Take concrete measures to ensure protection-focused management of
borders and respect for the principle of non-refoulement, including by ensuring
effective implementation of the Law on Temporary and International Protection of
Foreigners;
(b) Provide effective access to complaint mechanisms and ensure that all
allegations of pushbacks and ill treatment at borders are promptly, thoroughly and
independently investigated and the perpetrators, if found guilty, are punished with
sanctions commensurate with the seriousness of the offence.
(d) Ensure effective access for independent monitoring of border
management and immigration detention facilities.
(a) Take concrete measures to ensure protection-focused management of
borders and respect for the principle of non-refoulement, including by ensuring
effective implementation of the Law on Temporary and International Protection of
Foreigners;
(b) Provide effective access to complaint mechanisms and ensure that all
allegations of pushbacks and ill treatment at borders are promptly, thoroughly and
independently investigated and the perpetrators, if found guilty, are punished with
sanctions commensurate with the seriousness of the offence.
(d) Ensure effective access for independent monitoring of border
management and immigration detention facilities.
Sources
Human Rights Committee - CCPR, "Concluding observations on the second periodic report of Montenegro", 20 March 2025, United Nations General Assembly, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/SessionDetails1.aspx?SessionID=2787&Lang=en
Treaty Body
Committee on the Rights of the Child
Recommendation Year
2010
Recommendation Excerpt
§ 62. "The Committee recommends that the State party establish a clear legal framework, including by reviewing the Law on Asylum governing the treatment of asylum-seeking children and to strengthen the implementation of the Action Plan in order to ensure that all children, are fully registered and effectively benefit from the social protection system."
Sources
Committee on the Rights of the Child, "Consideration of Reports Submitted by States Parties under Article 44 of the Convention: Concluding Observations: Montenegro," CRC/C/MNE/CO/1, 21 October 2010, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fMNE%2fCO%2f1&Lang=en
Treaty Body
Committee against Torture
Recommendation Year
2009
Recommendation Excerpt
w) information provided by the delegation that the Law on the Legal Status of Aliens (Aliens Law) has been amended in November 2006 and that asylum-seekers are now exempt from detention, even in cases where they enter or stay illegally in the State party.
Sources
Committee against Torture, "Concluding observations on the initial Report of Montenegro", CAT/C/MNE/CO/1, 19 January 2009, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G09/402/84/PDF/G0940284.pdf?OpenElement
> UN Special Procedures
> UN Universal Periodic Review
Relevant Recommendations or Observations from the UN Universal Periodic Review
Recommendation Issued
No
Year Issued
2023
UPR Cycle
4th
Sources
Human Rights Council, "Report of the Working Group on the Universal Periodic Review* Montenegro", 10 May 2023, United Nations General Assembly, https://documents.un.org/doc/undoc/gen/g23/114/18/pdf/g2311418.pdf
Recommendation Issued
No
Year Issued
2009
Sources
Report of the Working Group on the Universal Periodic Review Montenegro, A/HRC/10/74, 6 January 2009, https://www.upr-info.org/sites/default/files/document/montenegro/session_3_-_december_2008/ahrc1074montenegroe.pdf
Recommendation Issued
No
Year Issued
2013
Sources
Report of the Working Group on the Universal Periodic Review Montenegro, A/HRC/23/12, 21 March 2013, https://www.upr-info.org/sites/default/files/document/montenegro/session_15_-_january_2013/ahrc2312e.pdf
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
CPCSE, Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse2010
2010
2017
ECHRP1, Protocol 1 to the European Convention on Human Rights (amended by protocol 11)2004
2004
2017
ECHRP7, Protocol 7 to the European Convention on Human Rights (amended by protocol 11)2004
2004
2017
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment2006
2006
2017
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
According to an international organisation official, verified by the GDP, Montenegro has not established a moratorium on new immigration detention orders and there have been no releases of immigration detainees. While immigration detainees are reportedly tested for Covid-19, deportations have not been halted.
The official also reported that access to the country and to the asylum procedure were suspended from March to June 2020. Asylum seekers in the Centre for Reception of Foreigners Seeking International Protection, located in Spuz, have been placed in quarantine. Although the situation returned to normal by 8 June, admission to the Reception centre was only allowed following 14 days in quarantine and a negative Covid-19 test. The official also informed the GDP that another asylum facility will soon be opened close to the border with Albania, and will have a capacity of 60 beds.
Regarding the country’s prisons, on 24 April, the European Union and the Council of Europe donated 2,000 masks, 50 liters of disinfectants, and 10 dispensers to Montenegro’s prison administration. By 9 July, two staff members at the Spusk prison had tested positive for the disease; nine inmates and 21 staff members were placed in isolation. No Covid-19 cases have been detected thus far amongst the prison population.
Government Agencies
Ministry of the Interior - https://www.gov.me/en/mup
Ministry of Justice https://www.pravda.gov.mk/
Protector of Human Rights and Freedoms of Montenegro - https://www.ombudsman.co.me/
International Organisations
IOM Montenegro https://www.iom.int/countries/montenegro
OHCHR Montenegro https://www.ohchr.org/EN/Countries/ENACARegion/Pages/MEIndex.aspx
Red Cross Montenegro http://ckcg.me/en/
UNHCR Montenegro https://www.unhcr.org/montenegro.html
NGO & Research Institutions
Civic Alliance https://gamn.org/?lang=en
Juventas https://futureofthewelfarestate.org
Pravni Centar - Legal Center https://pravnicentar.co.me/en/
