Montenegro Constitutional Court Delays Decision on Detention Appeals

The Constitutional Court of Montenegro has postponed its decision regarding the detention appeals of accused individual Danilo Mandic. During a session held on March 5, 2024, the court was unable to reach a consensus due to a split in votes, preventing the judges from achieving the necessary majority for any ruling.

Three judges expressed that the Constitutional Court is entitled to assess the degree of reasonable suspicion related to the justification of the detention, considering the relevance of the evidence presented. Conversely, two judges maintained their long-standing position, which aligns with previous court decisions in detention matters. They argued that the assessment of the amount of facts and evidence supporting reasonable suspicion should fall under the jurisdiction of regular courts, not the Constitutional Court. They emphasized that the court should only intervene if the justification lacks any significant argument.

The court’s deliberations involved resolutions concerning detention extensions from the months of July, August, and September 2023. Due to the absence of a majority decision, the court will await the appointment of the missing judges before reconvening to vote again.

This situation highlights ongoing discussions within Montenegro’s judiciary regarding the balance of power between different court levels and the interpretation of legal standards concerning detention. The upcoming decisions are anticipated to have significant implications for both Mandic and the judicial system as a whole.