1
Communicated on 16 May 2019
SECOND SECTION
Applications nos. 24655/18 and 24656/18
Momčilo BARANIN against Montenegro
and Branimir VUKČEVIĆ against Montenegro
lodged on 15 May 2018 and 15 May 2018 respectively
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ ill-treatment by unidentified members of the Special Anti-Terrorist Unit on 24 October 2015, a lack of an effective, thorough and independent investigation thereof, and a lack of an effective domestic remedy in that regard.
On 21 June 2017 the Constitutional Court, following the applicants’ constitutional appeal, found a violation of both substantive and procedural aspect of Article 3, and ordered that the investigation be conducted within three months. That decision was published on 31 July 2017. In November 2017 the Prosecution Office informed the Constitutional Court that it was impossible to identify the perpetrators. It would appear that on 30 January 2018 the Constitutional Court dismissed the proposal of a judge rapporteur to issue a decision ordering the Government to ensure the identification of the perpetrators through the Ministry of Interior.
The applicants complain under Articles 3 (both substantive and procedural aspect) and 13 of the Convention.
QUESTIONS tO THE PARTIES
1. Have the applicants been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention (see Bouyid v. Belgium [GC], no. 23380/09, §§ 81-82 and 86-90, ECHR 2015; Gäfgen v. Germany [GC], no. 22978/05, § 93 and 119, ECHR 2010; and Milić and Nikezić v. Montenegro, nos. 54999/10 and 10609/11, § 82, 28 April 2015)?
2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention (see El‑Masri v. the former Yugoslav Republic of Macedonia [GC], no. 39630/09, §§ 182-185, ECHR 2012, and Mocanu and Others v. Romania [GC], nos. 10865/09 and 2 others, § 316-325, ECHR 2014 (extracts))?
3. Did the applicants have at their disposal an effective domestic remedy for their Convention complaints, as required by Article 13 of the Convention?
4. The Government are invited to submit to the Court the decision of the Constitutional Court of 30 January 2018. They are also invited to inform the Court if R.LJ. has served his prison sentence.
APPENDIX
No.
Application no.
Applicant
Date of birth
Place of residence
Nationality
Represented by
1
24655/18
Momčilo BARANIN
13/08/1977
Podgorica
Canadian, Montenegrin
Tea GORJANC PRELEVIĆ
2
24656/18
Branimir VUKČEVIĆ
27/12/1978
Podgorica
Montenegrin
Tea GORJANC PRELEVIĆ
Full & Egal Universal Law Academy