Committee on Enforced Disappearances

Concluding observations on the additional information submitted by Montenegro under article 29 (4) of the Convention *

1.The Committee on Enforced Disappearances considered the additional information submitted by Montenegro under article 29 (4) of the Conventionat its 541st meeting, held on 22 September 2025.At its 555th meeting, held on 1 October 2025, the Committee adopted the present concluding observations.

A.Introduction

2.The Committee welcomes the additional information submitted by Montenegro as requested by the Committee in its previous concluding observationsand in the list of priority themes transmitted to the State Party.

3.The Committee expresses its appreciation for the constructive dialogue held with the delegation of the State Party on the measures taken to implement the Convention, and welcomes the openness with which the delegation responded to the questions posed on the following themes: (a) harmonization of legislation with the Convention, and institutional framework; (b) search, investigation, prosecution and cooperation; and (c) victims’ rights.

B.Positive aspects

4.The Committee acknowledges the measures taken by the State Party in areas relevant to the Convention following the adoption of the Committee’s previous concluding observations, including:

(a)The adoption of the Guidelines for the Search for Missing Persons, in July 2025;

(b)The adoption of the Judicial Reform Strategy 2024–2027;

(c)The adoption, by the Supreme State Prosecutor’s Office, of the 2024–2027 strategy for the investigation of war crimes, and the corresponding initial action plan for 2024–2025;

(d)The amendment of the Criminal Code in 2023, ensuring the non-applicability of the statute of limitations to torture;

(e)The amendments to the Law on the Judicial Council and Judges and the law on the State Prosecutor’s office to, inter alia, enhance the independence and accountability of judges and prosecutors.

C.Effect given to the Committee’s recommendations and new developments in the State Party

5.Having considered the information provided by the State Party in the context of the constructive dialogue, the Committee wishes to highlight its concerns and put forward its recommendations, which have been made in a constructive and cooperative spirit. It invites the State Party to take account of the recommendations, with a view to ensuring that its legislation on preventing and punishing acts of enforced disappearance and on ensuring the rights of victims, the implementation of such legislation and the conduct of the competent authorities comply fully with the Convention.

1.Harmonization of legislation with the Convention, and institutional framework

Criminalization of enforced disappearance as an autonomous offence

6.The Committee welcomes the statement of the delegation of the State Party indicating that the recent draft law on amendmentsto the Criminal Code contained a proposed provision (article 446a) that would criminalize enforced disappearance as an autonomous crime and include the criminal responsibility of superiors. The Committee further notes that the draft law on amendmentsto the Criminal Code was submitted to the European Commission in June 2025 for its opinion and should thereafter be adopted. However, the Committee is concerned that:

(a)The crimes set out in the Criminal Code under article 162, on unlawful deprivation of liberty, article 164, on abduction, article 427, on crimes against humanity, and article 428, on war crimes against the civilian population, do not adequately encompass all the constitutive elements of enforced disappearance as defined in article 2 of the Convention;

(b)In the draftlaw on amendmentsto the Criminal Code, the proposed article 446a would provide for sanctions of imprisonment for a minimum of five years, with the minimum extended to eightyearsunderaggravating circumstances (arts. 2, 4, 6 and 7).

7.The Committee reiterates its recommendationthat the State Party amend the Criminal Code to incorporate enforced disappearance as an autonomous offence that includes all the elements stipulated in the definition of the offence contained in article 2 of the Convention. It further recommends the adoption of appropriate penalties for the offence of enforced disappearance that take into account its extreme seriousness, and of provisions that ensure the criminal responsibility of superiors in accordance with article 6 (1) (b) of the Convention, and that include the specific mitigating and aggravating circumstances listed in article 7 (2) of the Convention.

Statute of limitations

8.The Committee notes that, in accordance with article 125 of the Criminal Code, the statute of limitations for criminal prosecution starts from the day of the commission of the offence, and if the consequence of the offence occurs later, the statute of limitations applies from the date on which the consequence occurred. It also notes that under article 129 of the Criminal Code, criminal prosecution and the execution of sentences do not become statute-barred for offences to which statute of limitations cannot apply under ratified international treaties, and further notes the explanations of the delegation regarding relative and absolute statutes of limitations. The Committee regrets, however, the absence of specific legal provisions regulating the statute of limitations for crimes of a continuous nature, such as enforced disappearance. It is also concerned that allegations of enforced disappearances that do not amount to a crime against humanity and are prosecuted under articles 162 and 164 of the Criminal Code are subject to the standard statute of limitations (art. 8).

9. The Committee recommends that the State Party amend its Criminal Code to provide that the statute of limitations applied to enforced disappearances that do not amount to a crime against humanity is of a long duration and proportionate to the extreme seriousness of the offence, and that, given the continuous nature of the offence, the term of limitation for criminal proceedings commences from the moment the offence ceases.

National human rights institution

10.The Committee takes note of the delegation’s affirmation that a draft law on the office of the Protector of Human Rights and Freedoms of Montenegro (the Ombudsman) is in the final stages, is to be adopted in 2025 and is aimed at ensuring that theinstitution, accredited with B status in 2016, is fully in line with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). Nevertheless, the Committee is concerned that the office of the Protector of Human Rights and Freedoms of Montenegro is not provided with the necessary resources it needs to fulfil its mandate, and that the procedures to recruit the staff and appoint the management board do not fully guarantee independence and autonomy (art. 2).

11. The Committee recommends that the State Party strengthen the office of the Protector of Human Rights and Freedoms of Montenegro by ensuring that it is fully in line with the Paris Principles and implementing the recommendations of the Subcommittee on Accreditation of the Global Alliance of National Human Rights Institutions. In that connection, the State Party should provide the office of the Protector of Human Rights and Freedoms of Montenegro with the financial, technical and human resources necessary to carry out its mandate effectively, and formalize a clear, transparent and objective selection and appointment process.

2.Search, investigation, prosecution and cooperation

Commission on Missing Persons

12.The Committee welcomes the Guidelines for the Search for Missing Persons, adopted by the State Party in July 2025. It also takes note that the Commission on Missing Persons maintains one register covering “missing persons” and identified and unidentified located human remains; that since 2021, the human remains of four individuals have been recovered; and that the DNA identification process isongoing in three of those cases, while the identity of one disappeared person was confirmed and the person’s remains were returned to the family. The Committee further notes the information provided by the delegation on the Commission’s engagement in tracing 50 persons whowere victims of disappearanceduringthearmedconflictsinthe former Yugoslavia (most – 38 – in Kosovo,9 in Bosnia and Herzegovina and 3 in Croatia). It also takes note that, as explained by the delegation, the Commission provides material, administrative, logistical and psychological support to victims. The Committee nonetheless is concerned that:

(a)The information contained in the register of “missing persons” maintained by the Commission on Missing Persons might not allow for a differentiation between cases of enforced disappearance, as defined under article 2 of the Convention, disappearances, as defined in article 3, and other crimes or situations of disappearances that do not fall under those articles of the Convention;

(b)The scope of the mandate of the Commission on Missing Persons is limited to the search for persons who went missing from the territory of Montenegro in the armed conflicts on the territory of the former Yugoslavia;

(c)The progress of the identification of human remains and of the clarification of the fate and whereabouts of disappeared persons remains limited;

(d)There is, among victims, an apparent lack of trust in public institutions mentioned by the delegation, asreflected in the reluctance of some families to provide the DNA samples required for the identification of located mortal remains (arts. 2, 3, 12 and 24).

13. In the light of its Guiding Principles for the Search for Disappeared Persons, the Committee recommends that the State Party:

(a) Disseminate the Guidelines for the Search for Missing Persons, adopted by the State Party, among the competent authorities, civil society, the relatives of disappeared persons and the general public;

(b) Consider extending the scope of the mandate of the Commission on Missing Persons to all cases of disappearance, regardless of the time, place and circumstances in which they occurred;

(c) Develop comprehensive search strategies, ensuring that all disappeared persons whose fate is not yet known are searched for and located and that, in the event of their death, their mortal remains are identified, treated with respect and returned to the victims ’ families in a dignified manner ;

(d) Strengthen trust in public institutions among victims of enforced disappearances.

Search, investigation and prosecution of enforced disappearances

14.The Committee welcomesthe 2024–2027 strategy for the investigation of war crimes,the cooperation of the Special State Prosecutor’s Office with the International Residual Mechanism for Criminal Tribunals,and the reopening, by the Special State Prosecutor’s Office, of four war crimes cases, including the case of the deportation of refugees from Herceg Novi. Furthermore, the Committee notes the figures provided by the delegation on the reporting, investigation and prosecution of war crimes since 2021, including asentence of 20 years’ imprisonment imposed by the High Court in Podgorica for a war crime against the civilian population.The Committee notes the delegation’s affirmation that the Special State Prosecutor’s Office has 12 special prosecutors; that 4 of those special prosecutors had been referred from the basic prosecutor’s office to the Special State Prosecutor’s Office; and that a decision was recently taken to increase the number of special prosecutors to 20. It further notes that the Special State Prosecutor’s Office is currently conducting seven proceedings concerning disappearedpersons (six currently atthepreliminaryinvestigationstageand one currently at the stage of indictment review). Nevertheless, the Committee is concerned:

(a)By the excessive delays in the investigation of war crime cases, the lack of progress in concluding ongoing cases and the absence of prosecutions based on command responsibility;

(b)By the difficulties in collecting accurate information on the complaints received regarding acts defined in article 2 of the Convention, given the absence of enforced disappearance as an autonomous offence;

(c)By the limited information on how the State Party would ensure that any case of enforced disappearance is investigated ex officio, even in the absence of a formal complaint, and on the measures taken to process such cases and to ensure that victims have access to information relating to the search for disappeared persons and the investigation of the alleged enforced disappearances and can participate in search and investigation procedures;

(d)That, while there are plans to increase the number of special prosecutors, the Special State Prosecutor’s Office still is notprovided with the human resources it requires, including in the special investigative teams, to fulfil its mandate, and that the interinstitutional coordination between the different entities involved in the search for disappeared persons and the investigation of their alleged enforced disappearances remains insufficient (arts. 1–3, 12and 24).

15. The Committee recommends that the State Party:

(a) Intensify its efforts to ensure that all allegations of enforced disappearance, regardless of the time, location and circumstances of the disappearance s, are investigated thoroughly, effectively and impartially, even in the absence of a formal complaint, and that those found responsible, including superiors, are punished with penalties that reflect the extreme gravity of the crime ;

(b) Ensure that existing registers include disaggregated data that enable the identification of cases in which there may have been some form of State involvement in the disappearance within the meaning of article 2 of the Convention, including disappearance in the context of migration and trafficking;

(c) Guarantee that investigations continue until the fate of the disappeared person has been clarified and that the victims and their representatives are regularly informed of the progress and results of the search and investigation and can participate in these proceedings, including by developing specific mechanisms that guarantee their effective participation;

(d) Strengthen effective coordination between competent institutions in the search, investigation, prosecution and identification of remains, including the Commission on Missing Persons , the Special State Prosecutor ’ s Office, the judiciary, and the Department of Forensic Medicine of the Clinical Centre of Montenegro , and provide them, without undue delay, with the financial, technical and human resources they require to carry out their duties effectively.

International cooperation and mutual legal assistance

16.The Committee welcomes the cooperation among the commissions on missing persons in the Western Balkans region, and the participation of the State Party in the regional group on missing persons, including the operational working groups on identifying human remains and on administering the regional database on missing persons. In this connection, the Committee notes positively that theRegional Database of Active Cases of Missing Persons has been publicly accessible since 2022. The Committee notes the information provided during the dialogue regarding agreements with the prosecutor’s offices of Bosnia and Herzegovina and Serbia, and cooperation initiated with Croatia. It also notes the delegation’s refence to warcrimecases initiated in Montenegro upon requests for mutual legal assistance and to the Special State Prosecutor’sOfficerequests sentto other countries, since 2021, forinternationallegalassistanceincriminalmatters. The Committee further notes the project on strengthening regional cooperation in the prosecution of war crimes and the search for missing persons, and the Framework Plan to Address the Issue of Persons Missing from Conflicts on the Territory of the Former Yugoslavia. Nonetheless, the Committee is concerned that the cooperation among the commissions on missing persons, prosecutors’ offices and law enforcement authorities of the region remains insufficient to allow for the clarification of cases of alleged disappearance (arts. 10, 12, 14, 15 and 24).

17. The Committee recommends that the State Party strengthen effective cooperation and mutual legal assistance mechanisms with neighbouring countries to facilitate the sharing of information and evidence to support the search for disappeared persons, the identification, investigation and prosecution of the alleged perpetrators, and support for victims. In this context, the State Party should , in particular, ensure the strengthening of the regional cooperation among commissions on missing persons, prosecutors ’ offices and law enforcement authorities. The Committee also encourages the State party to intensify its cooperation efforts through the application of bilateral agreements and regional agreements, including the Framework Plan to Address the Issue of Persons Missing from Conflicts on the Territory of the Former Yugoslavia.

Protection of persons participating in an investigation

18.The Committee takes note of the information, provided by the delegation during the dialogue, about the plan of the State Party to strengthen the support of victims in criminal matters in the context of the review of the Code of Criminal Procedure. It also notes that, under the current Code of Criminal Procedure, the protection of witnesses includes measures such as the use of pseudonyms, the representation of authorized persons (such as the defendant and witnesses) and the exclusion of the public from hearings. Moreover, the Committee takes note of the delegation’s indication that the witness protection programmeincludes economic, social, psychological and legal assistance, and that the High Court in Podgorica established a service for supporting victims and witnesses in cases related to organized crime, corruption, terrorism and war crimes. However, the Committee is concerned about:

(a)The lack of clarity as to the conditions that must be met by persons who wish to access the witnessprotection programme, and the procedures and criteria applied to assess the risks faced by applicants and their individual requirements for protection and support;

(b)The limited infrastructure and technical resources of the judiciary to implement protection measures for persons participating in criminal proceedings;

(c)The lack of information concerning the beneficiaries of the witness protection programme and the support services provided to witnesses and injured parties at the High Court in Podgorica (arts. 12 and 24).

19. The Committee recommends that the State Party:

(a) Review the Law on Witness Protection to facilitate access to the witness protection programme, ensure the existence of clear and specific criteria and procedures for accessing the programme and provide for the verification of the risks faced by persons applying for access;

(b) Establish mechanisms to ensure that complainants, witnesses, relatives of the disappeared person and their defenders, as well as all those participating in the investigation of cases of enforced disappearance, are effectively protected against acts of reprisal or intimidation resulting from having made a complaint or witness statement, in compliance with article 12 (1) of the Convention;

(c) Provide the State Prosecutor ’ s Office and the judiciary with the infrastructure and the human, financial and technical resources they require to effectively implement protective measures for persons participating in criminal proceedings related to enforced disappearances, including through the strengthening of support services for victims at the High Court in Podgorica and the establishment of such services in Bijelo Polje, as provided for in the amendments to the Code of Criminal Procedure;

(d) Ensure the proper registration of the information concerning the beneficiaries of the witness protection programme, the support services for witnesses and injured parties in the High Court in Podgorica and future extensions of the programme, with a view to enabling the State Party to adapt existing protection programmes to existing protection requirements.

Fundamental legal safeguards

20.While noting that the Code of Criminal Procedure enshrines fundamental legal safeguards for persons deprived of their liberty and that the Ministry of the Interior has adopted instructions to ensure the full respect of those safeguards in all police premises, the Committee is concerned at reports indicating that key legal safeguards for detained persons are not implemented in practice from the very outset of the deprivation of liberty, in particular as regards detainees’ access to legal counsel and to medical examination, and their right to communicate with their family, counsel or any other person of their choice(arts. 17 and 24).

21. The Committee recommends that the State Party guarantee that all persons deprived of liberty are afforded in law and in practice all the fundamental legal safeguards provided for under article 17 of the Convention from the outset of the deprivation of liberty, including access to an independent lawyer and to medical examination, as well as communication without delay with their relatives or any other person of their choice and, in the case of foreign nationals, with their consular authorities.

Register of persons deprived of liberty

22.The Committee takes note that, in accordance with the Code of Criminal Procedure, the Law on the Execution of Prison Sentences and related regulations, the State Party must keep and maintain registers of prisoners and detainees, and a central register of inmates’ personal files. However, the Committee is concerned at reports about inconsistent filling-in of custody registers and individual detainee records(arts. 17 and 18).

23. The Committee recommends that the State Party ensure that custody registers and individual detainee records are promptly, accurately and consistently completed and updated and that, in the event of irregularities, the officials responsible are duly sanctioned. The Committee further recommends that the State Party guarantee that the information contained in the registers includes, as a minimum, the information required under article 17 (3) of the Convention, and that any person with a legitimate interest has prompt access to all the information listed in article 18 (1) of the Convention.

Training on the Convention

24.The Committee notes that, according to the information received during the dialogue, the Centre for Training in Judiciary and State Prosecution Service is developing a curriculumand materials for training on enforced disappearance. It also notes the information provided by the State Party regarding training sessions on international humanitarian law organized by the Centre, including on disappearances, and the affirmation of the delegation during the dialogue that this topic will be included in the assessment of training needs for 2026. The Committee underscores the importance of ensuring without delay the effective implementation of specific and regular training on the Convention and enforced disappearances (art. 23).

25. The Committee recommends that the State Party strengthen efforts to ensure that all law enforcement and security personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody or treatment of any person deprived of liberty, including judges, prosecutors and other officials responsible for the administration of justice, receive specific and regular training on the Convention and on enforced disappearances, with periodic evaluation of its impact. The Committee also encourages the State Party to incorporate other relevant documents into training curricula on enforced disappearance, such as the Guiding Principles for the Search for Disappeared Persons and the Committee ’ s general comment No. 1 (2023) on enforced disappearance in the context of migration.

3.Victims’ rights

Definition of victim and victims’ rights

26.The Committee welcomes that the Guidelines for the Search forMissing Persons refer to the right of victimsto the truth. Nonetheless, it regrets that the definition of victim in the Criminal Code and the Code of Criminal Procedure does not grant victim status when criminal proceedings against a perpetrator have not been initiated. Furthermore, the Committee is concerned about the delays in adopting the draft law on amendments to the Code of Criminal Procedure, as well as the national strategy for the protection of victims’ rights for 2025–2028 and its corresponding action plan. It also regrets the lack of information regarding specific measures for the participation of victims of enforced disappearance in the processesof adopting the draft law on amendments to the Code of Criminal Procedure, and the national strategy for the protection of victims’ rights for 2025–2029 and its corresponding action plan (arts. 2, 4 and 24).

27. The Committee recommends that the State Party adopt a definition of victim in its criminal legislation that is in accordance with the definition in article 24 (1) of the Convention, including all persons who have suffered harm as the direct result of an enforced disappearance. It also encourages the State Party to speed up the adoption of the draft law on amendments to the Code of Criminal Procedure, and the national strategy for the protection of victims ’ rights for 2025–2029 and its corresponding action plan, ensuring the participation of victims and civil society organizations in the process, and that the law, strategy and action plan guarantee the rights of victims in full compliance with article 24 of the Convention.

Right to obtain reparation and prompt, fair and adequate compensation

28.The Committee welcomes that the Commission on Missing Persons organizes commemorations jointly with victims. Moreover, the Committee notes the adoption of amendments to the Law on Veterans’ and Disability Protection, which grant the status of civilian victim of war to the victims of the conflicts that took place in the 1990s in the former Yugoslavia and provide for monthly allowances for family members of disappeared persons. The Committee also notes that, in 2025, the State Party provided for one-timefinancialassistance –100,000 euros – for each of the 16 familiesidentified in cases relating to the events that took place in Murino, Tuzi and Štrpci and the deportation of refugees. In addition, it notes that the State Party is preparing guidelines on compensation forvictims. Nonetheless, the Committee is concerned about:

(a)The limitation of reparation measures tomonetary compensation,and the fact that victims must initiate civil proceedings to benefit from such measures;

(b)The delayed implementation of the Law on Compensation of Victims of Violent Crimes, enacted in 2015, which will become applicable on the day of the accession of Montenegro to the European Union;

(c)The obstacles faced by relatives of disappeared persons as victims of war crimes in seeking to access compensation, including statutes of limitations and alleged unequal treatment(art. 24).

29. The Committee recommends that the State Party:

(a) Ensure that any individual who has suffered harm as a direct result of enforced disappearance has access to a comprehensive reparation programme , not limited to monetary compensation, that complies with article 24 (4) and (5) of the Convention, regardless of when the enforced disappearance was perpetrated and even if no criminal proceedings have been initiated, and that the programme is designed and implemented in consultation with victims and civil society organizations, and based on a differentiated approach;

(b) Speed up the implementation of the Law on Compensation of Victims of Violent Crimes and the adoption of the guidelines on compensation for victims, including victims of enforced disappearance;

(c) Remove the barriers that restrict access to compensation for relatives of disappeared persons as victims of war crimes , including statutes of limitations, and ensure their equal treatment.

30.While noting that the scope of the Law on Legal Aid was broadened in 2024, including through the extension of the right to legal aid to victims of torture or inhuman or degrading treatment or punishment, the Committee is concerned that this service is still not available for victims of enforced disappearance.

31. The Committee recommends that the State Party amend the Law on Legal Aid to ensure that the right to free legal aid is granted to victims of enforced disappearances.

Legal situation of disappeared persons whose fate has not been clarified and that of their relatives

32.The Committee is concerned that relatives of disappeared persons can exercise their rights in areas such as social welfare, financial matters, family law and property rights only if a court declares the death of a disappeared person. In this connection, the Committee notes that, under the Law on Non-Contentious Proceedings, a court may declare a person deceased in the context of disappearances in armed conflicts and if there has been no account of the life of the person for at least one year from the date hostilities ended (art. 24).

33. The Committee reiterates its recommendation that the State Party ensure that the legal situation of disappeared persons and that of their relatives in areas such as social welfare, financial matters, family law and property rights are addressed appropriately without the need to declare the disappeared person dead. In this regard, the Committee encourages the State Party to set up a procedure for the declaration of absence as a result of enforced disappearance.

D.Fulfilment of the rights and obligations under the Convention, dissemination and follow-up

34. The Committee wishes to recall the obligations undertaken by States when becoming Parties to the Convention and, in this connection, urges the State Party to ensure that all the measures that it adopts, irrespective of their nature or the authority from which they emanate, are in full accordance with the Convention and other relevant international instruments.

35. The Committee also wishes to emphasize the particularly cruel effect of enforced disappearance on women and children. Women and girls who are subjected to enforced disappearance are particularly vulnerable to sexual and other forms of gender-based violence. Women who are relatives of a disappeared person, and thus considered victims pursuant to article 24 (1) of the Convention, are particularly likely to suffer serious social and economic disadvantages and to be subjected to violence, persecution and reprisals as a result of their efforts to locate their loved ones. Children who are victims of enforced disappearance, either because they themselves were subjected to disappearance or because they suffer the consequences of the disappearance of their relatives, are especially vulnerable to violations of their human rights. In this context, the Committee places special emphasis on the need for the State Party to ensure that gender issues and the specific needs of women and children are systematically taken into account in implementing the recommendations contained in the present concluding observations and all the rights and obligations set out in the Convention.

36. The State Party is encouraged to widely disseminate the Convention and the present concluding observations in order to raise awareness among governmental authorities, civil society actors and the general public. The Committee also encourages the State Party to promote and facilitate the participation of civil society in the process for implementing the recommendations contained in the present concluding observations.

37. Under article 29 (4) of the Convention, the Committee requests the State Party to submit , by no later than 3 October 2028, specific and updated information on the implementation of all the recommendations contained in the present concluding observations and any other new information on the fulfilment of the obligations contained in the Convention. The Committee encourages the State Party to promote and facilitate the participation of civil society, in particular organizations of victims, when preparing this information.