Montenegro legal experts warn pretrial detention acts as de facto punishment

Legal experts at the 40th Ius Forum session, organized by the Association of Lawyers of Montenegro, raised concerns that pretrial detention in Montenegro has transformed from a security measure into a 'de facto prison sentence'.

Branislav Radulović, President of the Association of Lawyers of Montenegro, noted that while the Constitution mandates detention be kept to the 'shortest possible time', its duration remains a major issue. Former European Court of Human Rights judge Nebojša Vučinić stated that standards for extending detention are often interpreted based on non-legal reasons rather than European Court practice, leading to 'unacceptable practice'.

Attorney Bojana Franović Kovačević criticized the systemic misuse of detention, suggesting that judges may feel pressured by public opinion and political social media posts to maintain detention even when it violates the European Convention on Human Rights. She questioned the independence of the judiciary when media headlines and political tweets appear to dictate judicial decisions.