Armenko: The practice of the ECHR indicates the need for constant improvement of the domestic system of human rights protection

Montenegro does not have a systemic problem when it comes to violations of the right to liberty and security, but the practice of the European Court of Human Rights (ECHR) indicates the need for constant improvement of the domestic system of human rights protection and harmonisation with European standards, said the President of the Constitutional Court of Montenegro, Snežana Armenko.

The Constitutional Court's statement states that Armenko made this statement as a lecturer at a two-day training course at the Center for Training in the Judiciary and Public Prosecutor's Office, dedicated to detention and alternative measures, with special emphasis on constitutional and European practice in the field of detention and other forms of deprivation of liberty, which brought together judges and prosecutors.

"A case that represents a kind of burden, i.e. which represented a burden for Montenegro due to possible increased surveillance, is the case 'Bigović v. Montenegro', in which the Constitutional Court established a violation three times due to the length of detention and which has since been finally concluded. It remains to be reviewed the effectiveness of resolving long periods of detention, their excessive determination, and the failure to use alternative measures to detention, which necessarily and consequently leads to a possible violation of the right to the prohibition of torture and other inhuman and degrading treatment due to prison overcrowding," said Armenko.

She pointed out that the right to personal liberty is one of the fundamental human rights protected by the Constitution of Montenegro and the European Convention on Human Rights, and that any deprivation of liberty must be based on law and accompanied by effective procedural guarantees.

The President of the Constitutional Court referred to the practice of the ECHR in cases against Montenegro that related to the legality of deprivation of liberty, the duration of detention, the speed of decision-making and other issues under Article 5 of the European Convention on Human Rights.

Armenko also presented key positions from the practice of the Constitutional Court of Montenegro in cases related to detention, pointing out the importance of respecting the principles of legality, individualized decision-making, diligence in acting, and effective judicial control of measures that restrict individual freedom.

Speaking about the latest ECHR ruling in the case "Dašić v. Montenegro", Armenko pointed out the importance of precisely recording all circumstances of deprivation of liberty and consistent application of procedural guarantees that represent an integral part of the protection of the right to liberty and security.

"The Constitutional Court of Montenegro will continue to contribute through its practice to strengthening the protection of human rights, the rule of law and the harmonization of domestic case law with the standards of the European Court of Human Rights," concluded Armenko.

The Constitutional Court said that the lecture by Armenko, retired Supreme Court judge Miraš Radović, judge of the Special Department of the High Court in Podgorica Vesna Kovačević, and special prosecutor Miloš Šoškić was organized as part of the Program for Continuous Training of Judges and State Prosecutors for 2026.