The Constitutional Court of Montenegro did not reach a decision regarding three detention appeals filed by Danilo Mandic during a session held on March 15, 2024. The court faced a split vote, meaning the proposals from the reporting judges lacked the necessary majority for a ruling.
According to a statement issued by the court, three judges believed the court was authorized to evaluate the level of reasonable suspicion, particularly in terms of the validity of its justification. They argued this assessment is essential in determining the presence or absence of reasonable suspicion based on the evidence presented. Conversely, two judges maintained their consistent stance, which the Constitutional Court has expressed in all decisions made by the Detention Council. They stressed that the amount of evidence substantiating reasonable suspicion falls under the jurisdiction of regular courts.
The judges noted that it is not within the Constitutional Court’s mandate to assess whether a given justification meets the required standard unless the justification lacks any argumentation. The court was deliberating on decisions related to the extension of detention from July, August, and September 2023.
With no majority reached for a decision, the court will await the appointment of additional judges before proceeding to a re-vote on the matter.
