Montenegro’s Constitutional Court has overturned a ruling ordering the expulsion of a Russian citizen of Ezidi origin, citing violations of the right to a fair trial.
The case concerns an asylum applicant who argued that he would face persecution, politically motivated prosecution, and a real risk of torture if returned to Russia due to his identity as an Ezidi. His request for international protection had previously been rejected by the Ministry of Internal Affairs, based largely on a negative assessment from the National Security Agency (ANB).
However, the Constitutional Court found that both the Administrative and Supreme Courts failed to properly examine the evidence. In particular, they relied on classified information from the ANB without independently verifying whether the applicant truly posed a threat to national security or assessing the risks he might face upon return.
The Court emphasized that national authorities are obligated to conduct a thorough and individualized assessment in asylum cases, including evaluating both the general situation in the country of origin and the specific risks to the applicant. It also noted that courts have mechanisms to review classified material without compromising national security, which were not used in this case.
Importantly, the Court highlighted that the applicant’s Ezidi identity was a relevant factor that should have been carefully considered in evaluating the risk of persecution and potential ill-treatment.
A temporary measure has already been put in place to halt the expulsion, and the case will now require a reassessment in line with human rights standards and European Court of Human Rights jurisprudence.
The ruling is seen as a significant step in reinforcing procedural safeguards in asylum cases and ensuring that individuals at risk—particularly those belonging to vulnerable groups such as the Ezidi people—are given full and fair consideration under the law.
