Montenegro’s Chief State Prosecutor, Milorad Marković, has issued binding instructions to all state prosecution offices on how to handle cases involving hate speech and crimes motivated by hatred.
According to a statement from the Supreme State Prosecutor’s Office (SSPO), the guidelines aim to ensure effective and consistent legal action, as well as the uniform application of international recommendations. The goal is to promote equal treatment of all individuals and to strengthen efforts to combat racism, xenophobia, antisemitism, and intolerance.
The instructions require state prosecutors to act in accordance with criteria set by the European Commission against Racism and Intolerance (ECRI), the United Nations’ Rabat Action Plan, and various bias indicators.
“Under these guidelines, prosecutors are obligated to give particular attention in hate speech cases to any public expression or incitement of hatred directed at individuals or groups based on certain characteristics, especially when such acts aim to foster intolerance, division, discrimination, or violence. They must also assess whether such speech contributes to the spread or intensification of existing hatred,” the statement said.
In reported cases involving elements of hatred, prosecutors are required to take all reasonable steps to identify any hateful motives or circumstances that may have influenced the incident.
When handling hate crimes committed online, the prosecution will, when necessary, promptly request international legal assistance to gather required data. In urgent cases, where mutual cooperation exists, such requests may be submitted via the National Central Bureau of Interpol.
“Prosecutors will also actively cooperate with victims and keep them informed in a timely manner about all actions taken during the proceedings,” the SSPO stated.
To ensure the efficient implementation of the guidelines, Marković has appointed a coordinator who will monitor their enforcement and maintain cooperation with relevant institutions, international organizations, and civil society groups. The coordinator will report directly to the Chief State Prosecutor.