The second part of the Constitution of Montenegro, which prescribes personal rights and freedoms, defines that the deprivation of liberty and detention can only be determined by the laws and during the procedures prescribed by the statutes. In these cases, it is mandatory to respect the person, i.e. During these procedures, belittling, inhumane treatment, violence, or coercion of statements or confessions outside of the legally prescribed procedures are not allowed.
To whom these procedures and actions are applied, every citizen has the right to a fair and public trial. Punishment can only be determined for an act prescribed by law as a punishable act. In the procedure, the law in force when the criminal offence was committed is applied, except when the new law prescribes a lighter sentence. During the process, the presumption of innocence must be respected, and every person is considered innocent until a final court decision determines their guilt. Also, the courts must respect the rule “ne bis in idem” – no one can be convicted again for the same criminal offence. Every person in the proceedings has the right to be informed of the accusation, defend himself, or hire a defence attorney of his choice. A person who has been illegally deprived of liberty or convicted unlawfully has the right to compensation from the state.
This section also defines free movement and residence, leaving Montenegro, the right to privacy and respect for personal and family life, and the inviolability of the apartment and other premises, except in the case of a court decision to search. Secrecy of letters, telephone conversations and other means of communication is also prescribed, which is deviated from only based on a court decision, during the conduct of criminal proceedings or if the security of Montenegro is threatened.
The protection of personal data is guaranteed, and the use of this data outside of the purpose for which it was collected is prohibited. Everyone has the right to be aware of the data collected about them.
A foreigner exiled because of one of his characteristics – race, language, religion, belonging to a nation or group, or political beliefs – can request asylum in Montenegro. A foreigner cannot be expelled from Montenegro to a country where he faces the death penalty, torture or persecution. A foreigner can be expelled from Montenegro only based on a competent authority’s decision in a legally prescribed procedure.
B.P.