Montenegro

There were 1,154 prisoners in Montenegro in 2019, of which 171 were incarcerated for drug law offences [1]. Such laws comprise up to 3 years imprisonment for production or possession; for supply, it is punishable by two to ten years of imprisonment; and two to twelve years imprisonment if importing illicit drugs. If organising a network, using a vulnerable person, for the supply of illicit drugs, or if committed by certain public officials abusing their position, the penalty is three to 15 years imprisonment according to Article 300 of the Criminal Code. Enabling drug use is prosecuted in a lower court and punishable by six months to five years imprisonment, although this can also be substituted by probation, according to Article 301 of the Criminal Code [2]. As of 2015, HIV had not been detected among prisoners in Montenegro [3], although antiretroviral therapy (ART) is reportedly available in prisons, as is opioid substitution therapy (OST); however, needle/syringe programmes (NSP) are not available [4].

The Government of Montenegro spends €7,848 in support of each prisoner each year, or €21.50 per day [5].

As of 2013, there were an estimated 1,300 people who inject drugs in the country [6] with a HIV prevalence of 0.5% [7]. The cost of NSP in 2018 was around €96 per client, per year, with OST costing in the region of €1,234 per client, per year [8]. Unemployment benefit and social welfare payments are not made to people who do not have children, nor any medical conditions. However, such people may still be able to apply for one-off financial help by undertaking an interview for financial help at the Centre for Social Work, based upon which the amount and type of benefits will be determined. The amount of financial support for an individual or family that has no income ranges from €63.50 (with one family member) up to €120.70 (with 5 or more children without a guardian) [9].

Therefore, the Government of Montenegro could spend around €1,330 in assistance to each person who injects opioid drugs in community settings. This contrasts with  €7,848 spent by the Government for such a person to be in prison. Consequently, decriminalisation of drug use and possession would save the Government of Montenegro €6,518 per drug user, per year, and such savings could be as high as €1.1 million per year in total.

 

 

 

[1]   Aebi MF, Tiago MM. SPACE I – 2019 – Council of Europe Annual Penal Statistics: Prison populations. Strasbourg; Council of Europe, 2020. https://wp.unil.ch/space/files/2021/02/200405_FinalReport_SPACE_I_2019.pdf (accessed 4 August 2021).
[2]   Hughes B, Martel C, Royuela L, Varga O. Drug law offences in the Western Balkan region: from definition to monitoring. Luxembourg; European Monitoring Centre for Drugs and Drug Addiction, Publications Office of the European Union, November 2014. http://www.emcdda.europa.eu/system/files/publications/968/Drug-law-offences-in-the-Western-Balkan-region_meeting-report.pdf (accessed 9 August 2021).
[3]   Joint United Nations Programme on HIV and AIDS (UNAIDS). The Key Populations Atlas. Geneva; UNAIDS. https://kpatlas.unaids.org/dashboard (accessed 3 August 2021).
[4]   Harm Reduction International (HRI). Global State of Harm Reduction 2020, Regional Overview 2.2 Eurasia. London; HRI, 2021. https://www.hri.global/files/2020/10/26/Global_State_HRI_2020_2_2_Eurasia_FA_WEB.pdf (accessed 3 August 2021).
[5]   Aebi M F, Tiago MM. SPACE I – 2020 – Council of Europe Annual Penal Statistics: Prison populations. Strasbourg; Council of Europe, 2021. https://wp.unil.ch/space/files/2021/04/210330_FinalReport_SPACE_I_2020.pdf (accessed 3 August 2021).
[6]   Joint United Nations Programme on HIV and AIDS (UNAIDS). The Key Populations Atlas. Geneva; UNAIDS. https://kpatlas.unaids.org/dashboard (accessed 3 August 2021).
[7]   Joint United Nations Programme on HIV and AIDS (UNAIDS). UNAIDS Data 2020. Geneva; UNAIDS, 2020. https://www.unaids.org/sites/default/files/media_asset/2020_aids-data-book_en.pdf (accessed 9 August 2021).
[8]   Information submitted by national partners.
[9]   International Organization for Migration (IOM). Country Factsheet Montenegro 2018. Podgorica; IOM, 2018. https://files.returningfromgermany.de/files/CFS_2018_Montenegro_EN.pdf (accessed 9 August 2021).