The Constitutional Court of Montenegro has postponed its decision regarding three detention appeals filed by accused Danilo Mandic. In a session held on October 18, 2023, the court faced a deadlock in votes, preventing the adoption of proposals from the reporting judges.
According to the court’s statement, three judges argued that the Constitutional Court holds the authority to assess the level of reasonable suspicion concerning the arbitrary nature of its justification. This includes evaluating the rationale behind certain evidence indicating the existence or absence of such suspicion. Conversely, two judges maintained their consistent stance, asserting that the court’s previous decisions regarding detention have established that the quantity of facts and evidence supporting reasonable suspicion falls under the purview of regular courts. They emphasized that it is not the Constitutional Court’s role to determine whether the justification meets this threshold, unless it lacks any argumentative basis.
The Constitutional Court deliberated on resolutions concerning the extension of Mandic’s detention from July, August, and September 2023. Due to the lack of a majority for a decision, the court will await the election of the missing judges before revisiting the matter.
This ongoing legal situation highlights the complexities within Montenegro’s judicial system and raises important questions regarding the balance of power between different judicial bodies. As the court moves forward, the implications for Mandic and the broader legal landscape remain to be seen.
