Montenegro

Featured Report

Not Available

Immigration detainees

2019

Not Available

Detained children

2017

Featured Report

Overview

(February 2021) The small mountainous country of Montenegro, which became independent from its federation with Serbia in 2006, has not experienced the same migration pressures as many of its Balkan neighbours. Nevertheless, it has emphasised migration and border management as it seeks to promote its application for EU membership, including by expanding cooperation with the European Border and Coast Guard Agency (Frontex). There is little detailed information about migrant detention practices in the country, though the law provides for detention of non-citizens in certain cases. The country at one time hosted approximately 13,000 ex-Yugoslav refugees, many of whom received permanent legal status in the country after 2009.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Related Reading

July 2020
Montenegro Immigration Detention Data Profile (2020)
Read more

27 July 2020

Prison Staff Receive Protective and Hygiene Equipment from part of EU and CoE, (Council of Europe,
Prison Staff Receive Protective and Hygiene Equipment from part of EU and CoE, (Council of Europe, "Montenegrin prison system receives protective equipment to address COVID-19 crisis," 24 April 2020, https://www.coe.int/en/web/podgorica/-/montenegrin-prison-system-receives-protective-equipment-to-address-covid-19-crisis)

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.

Last updated:

ENFORCEMENT DATA

Total Migration Detainees: Flow + Stock (year)
Not Available
2019
Total Number of Children Placed in Immigration Detention (Year)
Not Available
2017
Criminal Prison Population (Year)
1,131
2015
1,068
2013
Percentage of Foreign Prisoners (Year)
15.1
2015
11.4
2011
Prison Population Rate (per 100,000 of National Population)
182
2015

POPULATION DATA

Population (Year)
600,000
2020
626,000
2015
International Migrants (Year)
70,967
2019
82,500
2015
International Migrants as Percentage of Population (Year)
13.2
2015
Refugees (Year)
653
2019
729
2018
799
2017
970
2016
1,771
2015
6,462
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
1.56
2016
10.3
2014
New Asylum Applications (Year)
1,910
2019
291
2016
2,312
2014
Refugee Recognition Rate (Year)
6.7
2014
Stateless Persons (Year)
145
2017
3,237
2016
3,284
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
7,378
2014
Remittances to the Country
441
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
101.9
2014
Human Development Index Ranking (UNDP)
49 (Very high)
2015

B. Attitudes and Perceptions

MIGRATION-RELATED DETENTION

LEGAL & REGULATORY FRAMEWORK

Detention-Related Legislation
Decree Promulgating the Law on International and Temporary Protection of Foreigners of 29 December 2016. (2016)
2016

GROUNDS FOR MIGRATION-RELATED DETENTION

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

> National human rights monitoring bodies

> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)

> Non-governmental organisations (NGOs)

> Governmental monitoring bodies

> International detention monitoring

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

Bilateral/Multilateral Readmission Agreements
Germany (2003)
2017
Germany (2013)
2017
Austria (2004)
2017
Belgium (2004)
2017
Belgium (2012)
2017
Denmark (2003)
2017
France (2006)
2017
Luxembourg (2004)
2017
Luxembourg (2012)
2017
Malta (2010)
2017
Netherlands (2004)
2017
Netherlands (2012)
2017
Czech Republic (2012)
2017
Slovenia (2009)
2017
Sweden (2003)
2017
Norway (2009)
2017
Switzerland (2011)
2017
Albania (2011)
2017
Kosovo (2011)
2017
Turkey (2013)
2017
EU (2008)
2017

COVID-19

HEALTH CARE

COVID-19 DATA

Has the country released immigration detainees as a result of the pandemic?
No
2020
Has the country used legal "alternatives to detention" as part of pandemic detention releases?
Unknown
2021
Has the country Temporarily Ceased or Restricted Issuing Detention Orders?
No
2020
Has the Country Adopted These Pandemic-Related Measures for People in Immigration Detention?
COVID-19 Testing: UnknownVaccinations: UnknownProvision of Masks: UnknownProvision of Hygiene Supplies: UnknownSuspension of Visits: Unknown
2021
Has the Country Locked-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Yes
2020
Have cases of COVID-19 been reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2021
Has the Country Ceased or Restricted Deportations/Removals During any Period After the Onset of the Pandemic?
No
2020
Has the Country Released People from Criminal Prisons During the Pandemic?
Yes
2020
Have Officials Blamed Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2021
Has the Country Restricted Access to Asylum Procedures?
Yes
2020
Has the Country Commenced a National Vaccination Campaign?
Yes
2021
Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
People in Immigration Custody (including legal in "alternatives to detention" or at open reception centres): UnknownRefugees: UnknownUndocumented Migrants: UnknownAsylum Seekers: UnknownStateless People: Unknown
2021

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
OP ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
2013
2018
OP CRC Communications Procedure
2013
2018
VCCR, Vienna Convention on Consular Relations
2006
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
2006
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
2006
2017
ICCPR, International Covenant on Civil and Political Rights
2006
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
2006
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2006
2017
CRC, Convention on the Rights of the Child
2006
2017
CRPD, Convention on the Rights of Persons with Disabilities
2009
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2011
2017
CRSR, Geneva Convention Relating to the Status of Refugees
2006
2017
CRSSP, Convention Relating to the Status of Stateless Persons
2006
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
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
2006
2006
Ratio of relevant international treaties ratified
Ratio: 17/19
Individual Complaints Procedures
Acceptance Year
ICERD, declaration under article 14 of the Convention 2006
2006
ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 2008 2013
2013
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 2006
2006
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2006
2006
CAT, declaration under article 22 of the Convention 2006
2006
CRC, [Third] Optional Protocol to the UN Convention on the Rights of the Child establishing a communications procedure, 2011 2013
2013
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2009
2009
Ratio of Complaints Procedures Accepted
Observation Date
7/8
2017
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child § 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." 2010
2010
Committee against Torture 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. 2009
2009

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2009
2017
No 2013
2017

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 Abuse 2010
2010
2017
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment 2006
2006
2017
CATHB, Convention on Action against Trafficking in Human Beings 2008
2008
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
ECHRP12, Protocol 12 to the European Convention on Human Rights 2004
2004
2017
ECHR, Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights 2004
2004
2017

GOVERNANCE SYSTEM

Legal Tradition(s)
Civil law
2017

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS