Constitutional Court of Montenegro rejects Darko Janjić's appeal

The Constitutional Court of Montenegro has rejected a constitutional appeal filed by Darko Janjić, who was convicted in the first final SKY ECC-related verdict in the country. The court ruled that Janjić failed to exhaust all legal remedies before approaching the Constitutional Court, stating that the Supreme Court of Montenegro must first be given the opportunity to rule on the admissibility, legal nature, and evidentiary strength of the SKY ECC communications.

Janjić had challenged the rulings of the Higher Court in Podgorica and the Court of Appeals, alleging violations of his rights to a fair trial, defense, privacy, and an effective legal remedy. He specifically contested the legality and authenticity of the evidence obtained through the SKY ECC application. Following a retrial, the Court of Appeals modified the initial sentence, resulting in a five-year prison term for Janjić regarding charges of forming a criminal organization and unauthorized drug production and distribution.

Defense attorney Branko Anđelić has criticized the Constitutional Court’s decision, calling it a “stunning example of superficial and unacceptable conduct.” Anđelić argues that the Constitutional Court’s claim that legal remedies were not exhausted is factually incorrect, asserting that the Supreme Court had already issued a decision rejecting the appeal as inadmissible, which is documented in the case files.