Alarm Raised as 114 Pedophiles Registered Yet Oversight Lacks

A total of 114 individuals are currently registered as pedophiles in Montenegro, marking a significant increase from 98 when the register was established in August 2022. This rise highlights a concerning trend in the number of sexual offenses committed against minors. Despite the existence of a legal framework intended to monitor these individuals, effective oversight remains largely absent.

Under Montenegro’s Criminal Code, specific measures are designed to supervise pedophiles and sexual predators. These include mandatory reporting to police, restrictions on visiting locations frequented by children such as schools and playgrounds, and required attendance at professional counseling sessions. Offenders must also notify authorities of any changes in residence or employment, as well as international travel plans.

Unfortunately, since the register’s inception, little progress has been made in implementing these oversight mechanisms. While the Ministry of Justice provided a positive opinion on the proposal for mandatory police reporting on July 10, 2023, the Ministry of Internal Affairs confirmed that the new reporting regulations would not take effect until July 31, 2025.

Concerns about the enforcement of additional protective measures persist. The Ministry of Internal Affairs has repeatedly indicated that the standards governing these measures are vague and incomplete, leading to uncertainty over who is responsible for their implementation. They emphasized that this lack of clarity undermines the effective application of special supervision measures, which are critical given the severity of offenses against vulnerable populations, particularly children.

While the Psychiatric Clinic reported no interventions related to the treatment of pedophiles up until February 2023, the existence of 114 convicted individuals on the register suggests a disconnect between institutional systems. It raises questions about data sharing and cooperation among relevant agencies.

The Ministry of Health has stated that they are working on a subsidiary regulation to establish a program for mandatory counseling for sexual offenders against children. They are in the final stages of preparing this act in coordination with the Ministry of Justice and other relevant institutions to ensure that the register operates in compliance with legal standards. Their goal is to ensure that the process is conducted thoroughly while prioritizing the protection of minors.

Kristina Mihailović, a representative from the Parents Association, expressed concerns regarding the effectiveness of the register after one year of its operation. She noted that there has been no significant change in how educational institutions handle employee background checks related to the register. These checks are critical to prevent hiring individuals previously convicted of sexual offenses against children.

Mihailović recounted a recent case where a convicted individual, after serving a prison sentence for sexually assaulting a child, attempted to commit similar offenses upon release. Alarmingly, when apprehended, the judicial system categorized his actions as administrative violations rather than recognizing the severity of his past convictions. This oversight exemplifies the gaps in the enforcement of the register and the need for more stringent checks.

Despite assurances from the Ministry of Internal Affairs that a regulation had been finalized to require offenders to report to police, parents involved in the register’s development remain uninformed about the implementation of these practices. Mihailović highlighted that past analyses of sentencing policies revealed that courts often impose the minimum legal penalties for such crimes, undermining the effectiveness of the legal system.

Concerns extend beyond the register itself, as questions arise about the safety of children involved in sports and other activities. The Ministry of Sports has not responded to inquiries regarding measures taken to protect children in sporting clubs. The Ombudsman has flagged significant gaps in safety regulations for children engaged in various sports, urging the Ministry of Sports to review existing laws to ensure robust protections against sexual harassment and exploitation.

Montenegro’s Criminal Code clearly defines sexual offenses against children, with penalties ranging from six months to long-term imprisonment, depending on the crime’s severity. Despite this legal framework, the lack of comprehensive monitoring and enforcement raises critical questions about child safety in the country.

The establishment of the register was a long-overdue action, delayed by 15 years, despite Montenegro’s commitment to the Council of Europe Convention on the protection of children from sexual exploitation and abuse. The Ministry of Justice has reiterated that all entities working with children are required to verify whether prospective employees are listed in the register. However, as of January 17, 2023, only 12 requests for such checks had been submitted, all from primary schools, highlighting a concerning lack of vigilance in safeguarding children.

As the situation stands, the register contains essential data about individuals convicted of sexual offenses against minors, but its effectiveness hinges on the commitment of various institutions to uphold the law and prioritize child protection. The ongoing lack of cohesive action and accountability calls for urgent reforms to ensure the safety of children across Montenegro.