Montenegro Constitutional Court Delays Decision on Detention Appeals

The Constitutional Court of Montenegro did not reach a decision on three detention appeals filed by accused Danilo Mandic during its session today. The court faced a split vote among its members, which resulted in the proposals from the reporting judges lacking the necessary majority for a ruling.

According to the court’s statement, three judges expressed the view that the Constitutional Court is empowered to evaluate the degree of reasonable suspicion regarding the arbitrary nature of its justification. This includes assessing the explanations of specific evidence that may indicate the existence or absence of such suspicion. Conversely, two judges maintained their longstanding position. They reiterated the court’s stance in previous decisions made by the Detention Council, asserting that the “quantity” of facts and evidence supporting reasonable suspicion, or the conclusion regarding that suspicion, falls under the jurisdiction of regular courts. They argued that, based on this position, it is not the role of the Constitutional Court to examine whether the given justification meets this standard unless it lacks any argumentative basis.

The court was deliberating on decisions related to the extension of detention from July, August, and September of this year. With no majority to issue a ruling, the court will await the appointment of missing judges for a new vote.

This situation highlights ongoing legal complexities within Montenegro’s judicial system, particularly regarding the treatment of detention appeals. The lack of consensus among the judges underscores the challenges faced by the Constitutional Court as it navigates its responsibilities in a politically charged environment. The next steps will depend on the timely selection of judges to facilitate a resolution to these appeals.