The Ministry of Justice did not provide "Vijesti" with information on when and on the basis of whose decision the rehabilitation for the man from Ulcinj was made Artan Kurti, who was appointed by the Government last week as the new Inspector General of the National Security Agency (ANB).
His appointment was published in the Official Gazette of Montenegro.
In the available data from the website of the Supreme Court, it is not possible to find a legally binding document when and if the new proceedings before that court were completed, after the Constitutional Court, following Kurti's appeal, in June 2019, annulled the first verdict and sent the case back for a new decision.
In September 2017, Kurti submitted two requests for rehabilitation - deletion of the conviction from the criminal record, which he committed as a minor in 2004, but also the verdict of the High Court in Podgorica from June 26, 2009, when he was sentenced to a single sentence of 10 months for causing grievous bodily harm and illegal possession of weapons.
"In relation to the questions, we would like to refer you to article 123, paragraph 3 of the Criminal Code, which stipulates that data from criminal records can only be released to the court, the state prosecutor and the administrative body responsible for police affairs in connection with criminal proceedings conducted against a person which was previously condemned to the authority for the execution of criminal sanctions and to the authority that participates in the procedure of granting amnesty, pardon, rehabilitation", reads the response of the Ministry of Justice.
According to the Criminal Code of Montenegro, rehabilitation, that is, the termination of the legal consequences of a conviction, can occur on the basis of legal rehabilitation or at the request of a convicted person on the basis of a court decision - judicial rehabilitation.
According to Article 121, judicial rehabilitation can be granted to a person who has been convicted several times, only if he has fulfilled the conditions for each criminal offense for which he was previously convicted.
The Ministry of Justice explained to the "News" that the criminal history is erased by rehabilitation, and that these persons have the status of unconvicted person after that, but they did not answer directly whether the rehabilitation took place for Artan Kurti as well.
"If the mentioned person has been rehabilitated, then that person has the status of an unconvicted person. Namely, in the modern theory of criminal law as well as in the positive legislation of Montenegro, there is a position that rehabilitation implies the re-establishment of the former position of the convicted person as a full-fledged citizen and putting his criminal past into oblivion", the Ministry of Justice replied.
On January 10, 2019, the Supreme State Prosecutor's Office filed a request for protection of legality for Kurti, but in the judgments available on the website of the Supreme Court, from September 1, 2019, there is a judgment rejecting as unfounded the request for protection of legality of VDT- a.
Kurti said in a statement to "Vijesta" that he has the status of a person with no convictions.
Despite the fact that court rulings show that the new Inspector General of the National Security Agency (ANB) Artan Kurti has been legally convicted, which the law on the National Security Agency forbids, he should take office because the Government's decision can only be challenged in the Administrative Court.
In the Government's decision on the appointment, it is written that "a lawsuit can be initiated before the Administrative Court within 20 days from the date of receipt of the decision".
In the Law on ANB, it is written that "an employment relationship cannot be established by a person" who, among other things, must meet the condition that he has not been legally convicted of a criminal offense", but if Kurti's rehabilitation has definitely occurred, then this means that the legal obstacles to the appointment it cannot be on that basis.
Prime Minister's decision Dritan Abazović to appoint Kurti as inspector general of ANB caused a controversy at the Government session, and the ministers opposed it Rasko Konjević i Ranko Krivokapic who separated their opinions because they believed that for appointments "a security check must be done for sensitive positions, especially since it is an institution with specific competences"...
Kurti was previously an associate at the Commercial Court.
The director can block the inspector general
According to the law on the National Security Agency, the inspector general is obliged to carry out internal work control - data protection, efficiency of implementation of programs and work plans, application and exceeding of authorizations, financial operations, but also efficiency of execution of tasks of the Agency.
The Inspector General is appointed for five years, and is responsible to the Government for his work.
According to Article 41 of the Law on ANB, the inspector general submits a report to the director of the Agency on all matters of importance, but also on the findings obtained during the control...
The Inspector General submits a report on the performed control to the Director of the Agency and the Government.
ANB Director Savo Kentera, according to the law, can temporarily stop or prohibit the inspector general from conducting inspections for reasons of protecting the interests of national security.
The director of ANB must inform the prime minister about this measure without delay.
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