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European Court of Human Rights decides in favour of Montenegro

European Court of Human Rights decides in favour of Montenegro
Published date 14.09.2017 13:52 | Author PR Service

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The European Court of Human Rights in Strasbourg has issued a decision declaring the application of Vanja Ćalović inadmissible before this court in accordance with Article 35 Section 3 and 4 of the European Convention on Human Rights. Ms Ćalović is a Montenegrin citizen and executive director of the Network for Affirmation of the NGO Sector "MANS".

In the present case, the applicant complained of a violation of Article 8 of the European Convention for the uncontrolled direct access of the police to the database of the mobile operator "M-tel" DOO, whose user she was.

In this particular case, the Court pronounced Ms Ćalović's application inadmissible by accepting the legal argument put forward by the Office of the Representative of Montenegro before the European Court of Human Rights in this international legal dispute. Namely, the Court found that the applicant had not acted in accordance with Rule 47 § 7 of the Rules of Procedure of the European Court, which provides that the applicants shall keep the Court informed of all relevant circumstances of the application.

The applicant Ms Ćalović failed to inform the Court that the agreement between the Police Directorate and the mobile operator "M-tel" DOO was abrogated because the Agency for the Protection of Personal Data and Free Access to Information ex officio performed the inspection and made special decision. The applicant subsequently failed to inform the Court that in this respect the Basic Court in Podgorica issued decision to declare null of the agreement on mutual cooperation between the Police Directorate and the mobile operator "M-tel" DOO. The Court also found that the applicant omitted to inform the Court of the decision of the Constitutional Court, declaring the unconstitutional provisions of the Criminal Procedure Code on the basis of which the then police powers were based, whose initiative to declare null of the provisions of the Criminal Procedure Code was launched by the MANS, whose executive director was the applicant.

The applicant has no right to appeal against this decision of the European Court.

This decision was published today on the website of the European Court of Human Rights and after being translated into Montenegrin, it will be published on the website of the Supreme Court of Montenegro in the part referring to the case law of the European Court of Human Rights, as well as in the Official Gazette of Montenegro.

Decision of the European Court of Human Rights: https://hudoc.echr.coe.int/eng#{"itemid":["001-177127"]}

REPRESENTATIVE OF MONTENEGRO BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS VALENTINA PAVLIČIĆ