Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Montenegro

Montenegro - Constitution 2007 (2013) (EN)

Deprivation of liberty

Article 29

Everyone shall have the right to personal liberty.

Deprivation of liberty is allowed only for reasons and in the procedure provided for by law.

Deprivation of liberty

Article 29

Unlawful deprivation of liberty shall be punishable.

Detention

Article 30

Person suspected with reasonable doubt to have committed a crime may, on the basis of the decision of the competent court, be detained and kept in confinement only if this is necessary for the pre-trial procedure.

Detention

Article 30

The duration of detention shall be reduced to the shortest possible period of time.

Respect for person

Article 31

The respect of human personality and dignity in the criminal or other procedure, in case of deprivation or limitation of liberty and during the execution of imprisonment sentence shall be guaranteed.

Any form of violence, inhuman or degrading behavior against a person deprived of liberty or whose liberty has been limited, and any extortion of confession and statement shall be prohibited and punishable.

Montenegro - Criminal Procedure Code (2015) (EN)

Rights of Detained Persons
Article 5

(2) Persons deprived of liberty without a judgment shall be brought immediately before the competent State Prosecutor with the exception of cases provided for in the present Code.

Right to a Prompt Trial
Article 15

(1) The accused persons shall have the right to be brought before the Court in the shortest possible time and to a prompt trial.

(2) The Court shall be obliged to conduct the proceedings without delays and to prevent all abuses of rights that are vested in participants in the proceedings.

(3) The duration of detention and other forms of restrictions of freedom shall be reduced to the shortest necessary time.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.