The European Court of Human Rights in Strasbourg ruled in favour of Montenegro, dismissing the lawsuit filed by Vanja Calovic. The executive director of the NGO Sector Affirmation Network (MANS) complained that her rights were violated due to police’s unrestricted access to the database of the M:tel mobile operator, she was a customer of.
The court accepted the legal argument presented by the Office of the Representatives of Montenegro before the European Court of Human Rights in this international legal dispute.
Namely, the court found that Calovic did not act in accordance with Rule 47, §7 of the Rules of Procedure of the European Court of Justice, which stipulated that the applicants shall inform the court on all relevant circumstances related to the filed application.
“Calovic failed to inform the court that the agreement between the Police Directorate and the M:tel mobile operator was abolished because the Agency for the Protection of Personal Data and Free Access to Information carried out an ex officio inspection in the entities and made decisions about the issue,” government said.
After that, Calovic failed to inform the court that the Basic Court in Podgorica issued a verdict in this respect establishing the invalidity of the agreement on mutual cooperation between the Police Directorate and the M:tel mobile operator.
“The court also found the applicant’s failure to inform it on the decision of the Constitutional Court, declaring the provisions of the Code of Criminal Procedure, which then police powers were based on, unconstitutional. The initiative for establishing invalidity of the provisions of the Code of Criminal Procedure was initiated by MANS itself,” government said.
Calovic does not have the right to appeal against this decision of the European Court.
