The Special State Prosecutor's Office (SDT) will now determine whether the Prime Minister Milojko Spajic i General Secretary Vlade Dragoljub Nikolic violated the law, after on the same day, at two consecutive sessions of the executive power, they first "returned" Artan Kurti to the position of Inspector General of the National Security Agency (ANB), and then immediately dismissed him from that position.
This is stated by the basic state prosecutor in a letter to Kurti Igor Scekic, reasoning that the assessment of the merits of the aforementioned decision on reappointment is not within the competence of that prosecutor's office, but of the Administrative Court in a dispute over a possible lawsuit....
The administrative court decided that the man from Ulcinj must be returned to the position of inspector general of the secret police due to illegal dismissal.
However, on August 1, the government only formally did so - on that day, at the first session, he was re-appointed to the position, then dismissed immediately at the next...
The agency "found out" about it a day later, and Kurti seven days later.
"Bearing in mind that during the investigation procedure it was determined that in this particular case the judgment of the Administrative Court was only formally executed, considering that at two meetings of the Government of Montenegro held on the same day, August 1, 8, Kurti Artan and appointed and removed from the position of inspector general in the National Security Agency, which decisions on reappointment and dismissal were submitted to the National Security Agency on August 2024, 2, that is, to Kurt Artan only on August 8, 2024, thus the same de facto prevented from re-entering the position of inspector general in the National Security Agency before the re-dismissal, as a result of which the said judgment was only implemented de iure, but not de facto, it will be recorded in the case file, taking into account the status of the reported persons, as high public officials functionary, to be submitted to the Special State Prosecutor's Office for the purpose of assessing whether the actions of the reported persons have acquired the elements of being one of the criminal offenses within the jurisdiction of that prosecutor's office", according to the decision of prosecutor Šćekić.
Earlier, in the information about compliance with the court decision, the government referred to Kurti's previous conviction.
The Agency for the Protection of Personal Data, however, stated that the executive power was not even allowed to handle this data, because there is no legal basis for it and because the legal consequences due to his previous conviction have long ceased to exist.
That institution reasoned that data from criminal records can, upon reasoned request, be given to a state authority, but only "if the legal consequences of the conviction or security measures are still ongoing and if there is a justified interest based on the law".
They explain that in the specific case there was no justified interest, but also that the legal consequences do not last.
"It is established that there is no valid legal basis from... the Personal Data Protection Act, i.e. that the conditions prescribed by law for submitting data from criminal records have not been met... bearing in mind that the legal consequences of the conviction... pronounced by the Higher court in Podgorica, which took effect on the same day as September 23, 9, and which take effect by force of law, no longer last, which is one of the conditions prescribed by law for providing data from criminal records. This is because the legal consequences of a conviction, which consist in the prohibition of acquiring certain rights, can be prescribed for a maximum duration of ten years, which term in particular could last until September 2009, 23, and due to the fact that data on legal consequences the convictions for this natural person were not even entered in the register of criminal records", the AZLP states in the document he signs Ljiljana Brajović.
Because of everything, Kurti filed a criminal complaint against Spajić and the General Secretary and President of the Committee for Personnel and Administrative Affairs of the Government, Dragoljub Nikolić, judging that they committed the criminal offense of failure to comply with a court decision.
Because of this, he also wrote to the head of the Delegation of the European Union in Podgorica at the time Oani Christina Popi, stating that the prime minister does not respect the court's verdict and therefore the rule of law.
The day before yesterday, he told "Vijesti" that the Government should not have done anything in that case, except to return him to the position from which he was dismissed.
"The biggest legal violence that can happen is exactly what the Government of Montenegro is doing. The court decided identically on the merits as in the case of the Director of the Police Administration (Zoran Brđanin), did not have any other jurisdiction, without reaching a conclusion on the continuation of the mandate. We will file a criminal complaint for non-execution of the court decision from Article 395 of the Criminal Code of Montenegro," he told "Vijesta".
In a similar way, the representatives of the executive power opposed the return of the dismissed Brđanin to the position of police chief, but in the end they had to return him to that position due to the decisions of the Administrative Court. He is now serving a new-old term, which ends in August next year.
He also claims that the Government appointed him again Predrag Burić for the chief inspector of the secret service contrary to the Law on civil servants and state employees, because "a person who is a beneficiary of the right to a pension cannot establish an employment relationship in a state body".
His legal representative, a lawyer Vaso Bečanović, called the Government's decision scandalous.
Bonus video:
