Communicated on 11 July 2019

SECOND SECTION

Application no. 52415/18 Nebojša ASANOVIĆ against Montenegro lodged on 23 October 2018

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s alleged unlawful deprivation of liberty and lack of an effective domestic remedy in that regard. The applicant alleges a violation of Articles 5 and 13 of the Convention.

The applicant, who is a lawyer and a representative of an opposition media outlet, has been served summons by the police in front of the court of first instance and immediately taken to the police station, without having been told the reasons therefor. He was shortly thereafter arrested on the basis of “an official record” ( slu ž bena zabilje š ka ), without a possibility to file any kind of an appeal. After having been interviewed by a prosecutor he was released. The Constitutional Court dismissed the applicant ’ s constitutional appeal considering that the police had acted lawfully. The Ombudsman found a violation of the applicant ’ s rights, considering that the police had acted unlawfully. The Council for Civic Control of Police also held that the police had acted unlawfully and unprofessionally, and that the applicant ’ s civil rights had been breached.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? In particular, were a compensation claim ( tu ž ba za naknadu š tete ) and a complaint to a competent state prosecutor or a higher police instance ( pritu ž ba nadle ž nom dr ž avnom tu ž iocu ili neposredno vi š em organu policije ) effective remedies within the meaning of this provision ?

2. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was his deprivation of liberty ordered “in accordance with a procedure prescribed by law”? The Government are also invited to inform the Court if the applicant has been handcuffed at any point.

3. Did the applicant have at his disposal an effective domestic remedy for his Convention complaints, as required by Article 13 of the Convention?