By Adnan Prekic – Podgorica
President of the European Court of Human Rights in Strasbourg, Dean Spielmann said that in Montenegro there is no systematic violations of human rights and freedoms. The first man of the European Court said that most of the complaints that come from Montenegro are rejected, because the montenegrin courts are applying the European Convention on Human Rights successfully. Montenegrin judges through an agreement with the European Court have access to all the judgments and soon it will be announced the signing of Protocol 16, which provides advisory assistance for judges from Strasbourg in specific cases before the Montenegrin courts.
Montenegro has in 2004 ratified the European Convention on Human Rights, which allow the Montenegrin citizens dissatisfied with the judgments of national courts to seek justice in the court in Strasbourg. Before the Court in Strasbourg are currently 800 applications from Montenegro, of which 550 are under consideration. During 2013 the Court has reviewed 345 applications from Montenegro, out of which 342 were declared inadmissible. Court rendered three judgments, in which they found at least one violation of the European Convention on Human Rights.
Applications from Montenegro that reach Strasbourg are mainly relating to the protection of the right to trial within a reasonable time. The President of the European Court of Dean Spielmann said that courts in Montenegro daily apply the European Convention of Human Rights. This is confirmed by the large number of rejected complaints that come from Montenegro. Only a small percentage of lawsuits reach trial, indicating that the Montenegrin courts respect the European Convention on Human Rights, says Spielmann.
In the conversation between the President of the European Court Dean Spielmann States, President Filip Vujanovic and Parliament Speaker Ranko Krivokapic, it is rated that the cooperation of Montenegrin courts with the European Court of Human Rights is important for the quality and timeliness of court proceedings. Montenegrin courts and the European Court of Human Rights are already cooperating through the so-called protocol 15. This protocol enables direct access to all Montenegrin judges to the European Court of Justice. Soon is expected the signing of a protocol 16, which provides the direct cooperation of Montenegro and the judges of the European Court of Human Rights. It is envisaged that the Montenegrin judges receive advice in specific cases from colleagues from Strasbourg.
Although the number of applications coming from Montenegro in Strasbourg is relatively small, Montenegro is by the official statistics of this Court in second place from all member states by the number of applications per capita.