1Communicated 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 publish ed 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 Moca nu 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