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Montenegro

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were reports alleging that police tortured suspects and that beatings occurred in prisons and detention centers across the country. The government prosecuted some police officers and prison guards accused of overstepping their authority, but there were delays in the court proceedings. Nongovernmental organizations (NGOs) noted that several police officers found to be responsible for violating the rules of their service, including cases of excessive use of force, remained on duty.

On July 14, the NGO Human Rights Action (HRA) issued a public call for authorities to investigate “urgently, thoroughly, and impartially” allegations that police tortured three individuals suspected of being connected with the 2015 bomb attacks on the Grand Cafe and the house of former National Security Agency officer and current police officer Dusko Golubovic in late May and early June. All three individuals submitted separate reports to the Basic State Prosecution Office in Podgorica containing identical allegations of police torture by application of electroshock devices to their genitals and thighs, brutal beatings using boxing gloves and baseball bats, and other cruel methods, such as threatening to kill them and playing loud music to drown out their screams during the interrogation to extract their confessions.

The three individuals were Jovan Grujicic, the main suspect in the bombings; Benjamin Mugosa, who was initially accused of participation in the attacks, although the charges were subsequently dropped when it was revealed that he was in prison at the time of the bombings; and MB, an alleged witness who was said to have testified that Mugosa and Grujicic executed the attacks before the charges were dropped against Mugosa. The HRA claimed that the accusations of torture were not based solely on the descriptions provided by the three individuals but also on photographs of MB’s injuries, which were published by the media outlets Vijesti and Dan.

The European Commission and several foreign governments quickly issued statements urging the authorities to carry out, without delay, a comprehensive, transparent, and effective investigation into the torture allegations in accordance with international and European standards. Media outlets and NGOs also cited the findings from a 2017 visit by the Council of Europe’s Committee for the Prevention of Torture (CPT), which noted allegations of police mistreatment, including “punches, slaps, kicks, baton blows, and strikes with nonstandard objects, and the infliction of electrical shocks from hand-held electrical discharge devices.” Most abuses were alleged to have occurred either at the time of apprehension or during the preinvestigation phase of detention for the purpose of extracting confessions.

While the Basic State Prosecutor’s Office stated that police acted in accordance with the law, an investigation is ongoing. The HRA questioned why prosecutors ordered forensic medical examination of bodily injuries immediately upon a receipt of the reports of the two persons claiming torture but did not order a similar timely investigation upon receipt of the report from Grujicic. The HRA released a public letter to Supreme State Prosecutor Ivica Stankovic, asking him to check whether and when a forensic medical examination of Grujicic was ordered and to request that Grujicic be allowed to continue receiving psychiatric treatment and medicine that had been suspended as a result of his arrest.

The HRA did not receive any response to its requests to prosecutors for updates on the case on behalf of Grujicic’s family. In August the HRA submitted a request for the UN special rapporteur on torture, Nils Melzer, to investigate the allegations of torture and had not received a response by year’s end. The Ombudsman’s Office’s investigation into the allegations was ongoing at year’s end. In early November the Basic Court in Podgorica issued a verdict acquitting Grujicic of the charges of bombing the Grand Cafe and Golubovic’s house.

Impunity remained a problem in the security forces, particularly among the police and prison officers. Domestic NGOs cited corruption; lack of transparency; a lack of capacity by oversight bodies to conduct investigations into allegations of excessive force and misuse of authority in an objective and timely manner; and the ruling political parties’ influence over prosecutors and officials within the Police Administration and the Ministry of Interior as factors contributing to impunity. Despite the existence of multiple, independent oversight bodies over police within the Ministry of Interior, parliament, and civil society, NGOs and the Council for Civilian Control of Police Operations noted a pervasive unwillingness of police officers to admit violations of human rights or misuse of authority committed by themselves or their colleagues. To increase respect for human rights by the security forces, authorities offered numerous training sessions on this subject, often in conjunction with international partners, as well as working group meetings dedicated to the promotion and protection of human rights in the country.

According to domestic NGOs, authorities made little progress in addressing the problem of police mistreatment and other shortcomings in the Internal Control Department of the Ministry of the Interior. They cited a lack of strict competitive recruitment criteria and training for police officers; the absence of effective oversight by the Internal Control Department; and the need for prosecutors to conduct more thorough and expeditious investigations into cases of alleged mistreatment by police officers as areas where there were continuing problems. The NGOs also noted there was an ongoing need for prosecutors to carry out timely investigations.

In September the HRA condemned the decision of the High Court in Podgorica to grant suspended sentences to 10 prison officers convicted of torturing and inflicting grievous bodily harm on 11 prison inmates in 2015. The court justified the suspended sentences on the grounds of the lack of prior convictions of the offenders, family circumstances, socioeconomic status (e.g., lack of property ownership), and the fact that the victims did not join the criminal prosecution. The HRA expressed frustration that none of the guards lost their jobs with the Ministry of Justice’s Bureau for the Enforcement of Criminal Sanctions, contrary to the Labor Law and international standards, and noted that the responsibility of the officers’ supervisors, whose presence in the prison at the time of the incident was captured in video, was never seriously investigated. According to the HRA, the suspended sentences promoted impunity for human rights offenses and encouraged the continued use of torture in prisons and by police. The decision also was at odds with international standards established by the UN Committee against Torture and the CPT.

Prison and Detention Center Conditions

There were some reports regarding prison and detention center conditions that raised human rights concerns.

Physical Conditions: There were some poor conditions in prisons and pretrial detention facilities due to overcrowding and access to medical care. In the report issued following its 2017 visit to Montenegro, the CPT noted problematic levels of prison overcrowding, i.e., less than three square meters (32.3 square feet) of space per inmate in multiple-occupancy cells in certain sections and remand prisoners confined to their cells for 23 hours a day without being offered activities for months or even years on end. The CPT noted that material condition in police stations it visited were not suitable for detaining persons for up to 72 hours due to structural deficiencies such as poor access to natural light, inadequate ventilation, poor conditions of hygiene, and irregular provision of food.

NGOs reported that detainees who were addicted to drugs, had mental disabilities, or had other disabilities continued to face difficulties in obtaining adequate treatment while detained. The CPT also noted the level of serious interprisoner violence was a long-standing and persistent problem at the remand prison and the Institute for Sentenced Prisoners. In May there were reports that one prisoner was stabbed by another prisoner. Also during the year, there were reports of cases of violence in the country’s primary prison attributed to the long-standing “war” between the country’s two main organized criminal groups, which prison authorities managed by taking preventive measures, such as providing separate accommodations and preventing mutual contact of persons who are members of opposing criminal groups as well as other operational and tactical measures and actions, such as providing close personal supervision of persons and conducting random periodic searches of their persons and accommodations. There were widespread reports that prison employees cooperated with members of the organized criminal groups, including one in prison. Some such employees were prosecuted by the authorities. During the year the Directorate for the Execution of Criminal Sanctions, in cooperation with security sector agencies, conducted two investigations of two directorate officials suspected of cooperating with members of organized criminal groups. In one proceeding, the directorate official was exonerated, while in another procedure an indictment was filed against the directorate official due to a well founded suspicion that he committed the crime.

During a May 13 inspection of the security center in Niksic following the detention of Bishop Joanikije of the Serbian Orthodox Church of Montenegro and eight priests (see section 1.d.), the Council for Civilian Control of Police Operations noted poor conditions in the pretrial detention rooms. In addition to lacking water and being equipped with damaged and dirty mattresses, overcrowding was a problem, as there were only seven beds for the nine detainees. In other inspections of the security centers in Podgorica and Niksic, the council noted similar problems with overcrowding and a lack of capacity to provide basic services to detainees.

Podgorica Prison was not fully accessible to persons with disabilities.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment, but they usually did so only in reaction to media campaigns or upon the ombudsman’s recommendation. Results of investigations were generally made available to the public.

Independent Monitoring: The government permitted visits to prisons by independent nongovernmental observers, including human rights groups and media, and international bodies such as the CPT. Even when monitors visited on short notice, prison authorities allowed them to speak with the prisoners without the presence of a guard. The Ministry of Justice’s Directorate for the Execution of Criminal Sanctions noted positive working relationships with NGOs, including those who were critical of the organization.

Improvements: Improvements in the physical facilities, staffing levels, and training for guards continued throughout the year. Overcrowding in Podgorica’s temporary detention prison continued to diminish and was expected to improve further upon completion of new facilities. The government also announced that the new prison facility would be constructed in Mojkovac and would be suitable for 250 prisoners. The Bureau for the Execution of Criminal Sanctions provided health services to inmates to mitigate the spread of COVID-19. As of August, media outlets reported five cases of COVID-19 among prisoners in the facility at Spuz. It also touted new programs designed to focus on rehabilitation and providing inmates with skills to increase employment prospects upon release, including apprenticeship programs to cultivate farming skills.

In June parliament passed an amnesty law aimed at relieving the problem of overcrowding in the prison system and ensuring the safety of prisoners threatened by the COVID-19 pandemic. The law provides for a 15 percent reduction in prison sentences and a 10 percent reduction of sentences for those who have not yet begun serving their sentences. The amnesty does not apply to the most serious crimes, including war crimes against civilians, terrorism, human trafficking, rape, money laundering, criminal association, the creation of a criminal organization, abuse of a minor, and domestic violence. The NGO Civic Alliance described the amnesty law as positive and legally sound but noted that the law’s objectives could have been achieved through other mechanisms, such as house arrest, deferred prosecutions, or better application of alternative sanctions.

Rwanda

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were numerous reports of abuse of detainees by police, military, and National Intelligence and Security Services officials.

In 2018 the government enacted a law that prescribes 20 to 25 years’ imprisonment for any person convicted of torture. The law mandates that when torture is committed by a public official in the course of his or her duties, the penalty for conviction is life imprisonment.

Prisoners were sometimes subjected to torture. In one case, 25 individuals were arrested and transferred from the Democratic Republic of Congo to the country on the grounds that they were involved in armed groups threatening the country’s security. During their court proceedings, some of these individuals claimed they had been tortured in custody. The court ruled there was no evidence that torture had occurred, but there were no reports the court investigated the allegations.

Human rights advocates continued to report instances of illegally detained individuals tortured in unofficial detention centers. Advocates including HRW claimed that military, police, and intelligence personnel employed torture and other forms of cruel, inhuman, or degrading treatment to obtain information and forced confessions, which in some cases resulted in criminal convictions. Some defendants in addition alleged in court they had been tortured while in detention to confess to crimes they did not commit, but there were no reports of any judges ordering an investigation into such allegations or dismissing evidence obtained under torture, and there were no reported prosecutions of state security forces personnel for torture.

Prison and Detention Center Conditions

Conditions at prisons and unofficial detention centers ranged from harsh and life threatening to approaching international standards. The government took steps to make improvements in some prisons, but conditions varied widely among facilities.

Physical Conditions: Physical conditions in prisons operated by the Rwanda Correctional Service (RCS) approached international standards in some respects, although reports of overcrowding and food shortages were common. According to the RCS, the prison population rose from fewer than 52,000 inmates in 2015 to approximately 66,000 during the year, which greatly exacerbated overcrowding. Convicted persons and individuals in pretrial detention in RCS prisons were fed once per day, and family members were allowed to deposit funds so that convicts and detainees could purchase additional food at prison canteens, but human rights advocates reported that lack of food continued to be a problem. Domestic media reported food insecurity among the prison population worsened due to COVID-19 restrictions, which prohibited family members from purchasing and delivering food rations. The government did not keep statistics on deaths in custody beyond deaths of prisoners due to illness (who received medical treatment in custody). Authorities held men and women separately in similar conditions, and authorities generally separated pretrial detainees from convicted prisoners, although there were numerous exceptions due to the large number of detainees awaiting trial. The law does not allow children older than age three to remain with their incarcerated mothers (see also section 6, Persons with Disabilities).

Conditions were generally harsh and life threatening in unofficial detention centers. Reports from previous years indicated individuals detained at such centers suffered from limited access to food, water, and health care.

Conditions were often harsh and life threatening at district transit centers holding street children, street vendors, suspected drug abusers, persons engaged in prostitution, homeless persons, and suspected petty criminals. Overcrowding was common in police stations and district transit centers. Human rights nongovernmental organizations (NGOs) reported authorities at district transit centers frequently failed to adhere to the requirements of a 2018 ministerial order determining the “mission, organization, and functioning” of transit centers. For example, HRW found detainees were often held in cramped and unsanitary conditions and that the amount of food provided was insufficient, in particular at the Gikondo transit center. HRW also reported that state security forces beat detainees at district transit centers. Transit centers often lacked separate facilities for children. Medical treatment was reportedly irregular, and many detainees suffered ailments such as malaria, rashes, or diarrhea. The government discouraged further detentions in these transit centers due to the difficulties of preventing the spread of COVID-19 under such conditions. In a press interview, the minister of justice and the prosecutor general stated authorities could continue to pursue cases while defendants were on bail.

Conditions at the Iwawa Rehabilitation and Vocational Training Center operated by the National Rehabilitation Service (NRS) were better than those of transit centers. Young men detained at the center participated in educational and vocational programs and had access to ample space for exercise. A small number of medical professionals and social workers provided medical care and counseling to detainees.

The government held four prisoners of the Special Court for Sierra Leone in a purpose-built detention center that the United Nations deemed met international standards for incarceration of prisoners convicted by international criminal tribunals.

Administration: The RCS investigated reported abuses by corrections officers, and the same hierarchical structure existed in police and security forces; there was no independent institution charged with investigating abuses or punishing perpetrators.

Independent Monitoring: The government permitted independent monitoring of prison conditions on a limited basis by diplomats, the International Committee of the Red Cross, and some NGOs. Nevertheless, it restricted access to specific prisoners and delayed consular notification of the arrest of some foreign nationals. The government permitted monitoring of prison conditions and trials of individuals whom the UN International Residual Mechanism for Criminal Tribunals (IRMCT) had transferred to the country’s jurisdiction for trials related to the 1994 genocide, per agreement with the IRMCT. Journalists could access prisons with a valid press card but required permission from the RCS commissioner to take photographs or interview prisoners or guards.

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