The Administrative Court rejected as unfounded the appeal of the former Inspector General of the National Security Agency (ANB) Artan Kurti, who requested that the decision of the Ministry of Justice be annulled and his criminal record be erased.
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In the statement published on the court's website, it is written that the lawsuit filed against that decision sought the annulment of the decision made on April 25, when the Ministry of Justice was headed by Andrej Milović, and by which Kurti was returned to the criminal record.
Then the decision by which Kurti was legally rehabilitated in June 2020 was annulled, and his criminal record was deleted.
"From the final decision of the High Court in Podgorica Kv. no.../17 of ... 2017, it was determined that AK, here the plaintiff, in addition to the judgment of the High Court in Podgorica K. no.../08 of . ..in 2009, sentenced by that court No...., which was modified by the judgment of the Appellate Court of Montenegro No.... of 2006, in such a way that the plaintiff was sentenced to juvenile prison in duration of 10 months, which means that the plaintiff is a person who has been convicted more than once. Also, from the explanation of the aforementioned decision, it follows that the plaintiff was sentenced to prison according to the judgment of the High Court in Podgorica .., which was modified by the judgment of the Appellate Court of Montenegro Kž. no. .. from 2006, served in the period from 15.10.2007, when he was released on parole. that the prosecutor's conditional release lasted until May 06.03.2008, 21.05.2008, and which day is considered the day of his prison sentence, and that the criminal offense for which he was declared guilty by the judgment of the High Court in Podgorica K. no.../08 of ... .2009, executed on ....2008. year, for which reason the rehabilitation term provided for in Article 104 paragraph 3 of the Act on treatment of minors in criminal proceedings was not met. It follows from the explanation that this is a person who has been convicted several times, that is, rehabilitation can only be given to such a person if the conditions for rehabilitation for each individual criminal offense are met," the Administrative Court explained.
They reason that there is no doubt that Kurti has been convicted more than once: "That is why he is considered a person who has been convicted more than once, which further means that the court is only competent to decide on his rehabilitation, in accordance with the cited Article 121 of the Criminal Code of Montenegro ".
They stated that it follows that the Ministry of Justice was not competent to lead a separate procedure for rehabilitation according to the judgment of the High Court in Podgorica.
"Especially with the fact...that, at the time of submitting a request to the defendant authority to delete the said conviction, the matter had already been decided by a legally binding court decision of the High Court in Podgorica, Kv. no.... dated ..2017. Bearing in mind in view of the above, the decision of the Ministry of Justice of Montenegro number UPI 05-030/20-237 of 08.06.2020/139/1 was in fact made under the jurisdiction of the court, so it is stated decision, according to the opinion of this court, and contrary to the allegations of the lawsuit, the defendant authority rightfully annulled the contested decision, correctly referring to the cited provision of Article 1 paragraph XNUMX point XNUMX of the Law on Administrative Procedure".
In the announcement of the Administrative Court, it is also written that they appreciated Kurti's allegations that the Ministry of Justice incorrectly applied the provision of Article 121 of the Criminal Code of Montenegro, because that provision is only applied when it comes to two adult convictions:
"So he found such allegations to be unfounded".
"This is because the prosecutor's emphasis on the existence of 'juvenile' and 'adult' convictions has no basis in the law, since the Criminal Code of Montenegro does not recognize the mentioned terms, so the fulfillment of the conditions for the rehabilitation of a convicted person applies individually to all criminal offenses for which that person convicted, as specified by the provisions of Article 121 of the Criminal Code of Montenegro, whether it was a criminal offense that the convicted person committed as a minor or, on the other hand, a criminal offense In this sense, the same person can be convicted or unconvicted, therefore, it cannot be both at the same time. This conclusion of the court is supported by the reasoning of the Supreme Court of Montenegro No. 1/19 of September 24.09.2019, XNUMX, that, when it comes to erasing a conviction, the conviction of one and the same person must be evaluated continuously within the deadlines prescribed by law." it is written in the decision of the Administrative Court.
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