Montenegro | HCRW

AMontenegro has reported information on hate crimes to ODIHR, most recently for the 2019 and 2021 Hate Crime Reports. Montenegro implemented ODIHR's Training Against Hate Crimes for Law Enforcement (TAHCLE) programme in 2014 and updated the training in 2022 following changes to the country's hate crime legislation in 2018. In 2022, ODIHR organized a refresher TAHCLE course. In 2023, Montenegro implemented ODIHR's Prosecutors and Hate Crime Training (PAHCT) training. In 2017, Montenegro adopted measures to allow for the effective prosecution of hate crimes following the judgment of the European Court of Human Rights in the case of Alkovic v. Montenegro (No. 66895/10). In 2023, Montenegro amended legislation to include public acts provoking or inciting racial and religious hatred (Article 370), as well as special circumstances for sentencing hate crimes (Article 42a).

SELECT YEAR

Download the 2023 hate crime report for Montenegro

OFFICIAL DATA REPORTED BY STATES

Year	Hate crimes recorded by police	Prosecuted	Sentenced
2023	19	4	623
2022	3	Not available	602
2021	7	-	5
2020	Not available	Not available	Not available
2019	31	-	3
2018	-	0	1
2017	Not available	Not available	1
2016	Not available	Not available	Not available
2015	Not available	Not available	Not available
2014	Not available	Not available	0
2013	Not available	Not available	Not available
2012	Not available	Not available	Not available
2011	Not available	Not available	Not available
2010	Not available	Not available	Not available
2009	Not available	Not available	Not available

About 2023 Data

Hate crime recorded by police

The breakdown below excludes two cases of hate speech that fall outside the OSCE's hate crime definition.

By bias motivation
By type of crime

Download official data

National developments

In 2023, a training-of-trainers was held for prosecutors in line with a Memorandum of Co-operation between the Supreme State Prosecutor's Office of Montenegro, the Centre for Training of the Judiciary and State Prosecutor's Office, and ODIHR. Signed in 2022, the Memorandum related to the implementation of ODIHR's Prosecutors and Hate Crimes Training Program (PAHCT).

In 2023, in co-operation with the Centre for Democracy and Human Rights (CEDEM), the Centre for Training in the Judiciary and the State Prosecution organized a training activity on prosecuting hate crimes and combating hate speech, with a special focus on the LGBTIQ community. As part of the in-service training programme for judges and state prosecutors, the Centre also organized a seminar on "Hate Crime and Hate Speech". In total, 20 representatives of Montenegro's judiciary participated in the seminar (11 judges, three court advisers, four state prosecutors and two advisors from state prosecution offices).

In 2023, the HELP programme organized an online course on "Fight against racism, homophobia and transphobia" with the support of the Centre for Training in Judiciary and State Prosecution.

UNDP, in co-operation with the Center for Training in the Judiciary and the State Prosecution, organized a training activity on "Gender-based hate speech". A total of 11 representatives of Montenegro's judiciary attended this training.

Montenegro's Criminal Code was further amended in 2023 to criminalize public incitement to racial or religious hatred, as follows: "(1) Whoever publicly incites to violence or hatred towards a group, or a member of a group defined by virtue of race, skin colour, religion, language origin, nationality or ethnic affiliation shall be punished by a prison sentence from six months to five years". New provisions on sentencing for hate crimes were also introduced: "(1) When the criminal offence was committed out of hatred of another person due to national or ethnic affiliation, affiliation with race or religion or due to absence of such affiliation, disability, nationality or due to differences in political or other beliefs, sex, language, the colour of skin, education, social status, social background, sexual orientation, gender identity or disability".

KEY OBSERVATION

ODIHR recognizes Montenegro's efforts to build the capacity of prosecutors and judiciary on hate crime, as well as to amend the existing legal framework in order to ensure that bias motivation can be effectively acknowledged. However, based on the available information, ODIHR observes that Montenegro's hate crime recording and statistics do not sufficiently distinguish hate crimes from other crimes. In addition, ODIHR observes that Montenegro would benefit from developing its victim support system to ensure effective access to justice, assistance, and protection services for hate crime victims.

ODIHR recalls that in Ministerial Council Decision 9/09, OSCE participating States committed to collecting reliable data and statistics in sufficient detail on hate crimes, including the bias motivation of hate crimes, and to reporting such data periodically to ODIHR. Participating States also committed to providing hate crime victims with access to counselling, legal assistance, and effective access to justice, as well as to increase a positive interaction between police and victims of hate crimes by training front-line officers, including on referrals to victim assistance and protection.

ODIHR stands ready to support Montenegro in meeting the relevant commitments through its comprehensive resources and tailored assistance in the area of hate crime recording and data collection, as well as through its further resources and assistance on hate crime victim support.

Our methodology

No information is available.

INTERNATIONAL REPORTS

No information is available.