The Department of Administrative Inspection of the Ministry of Public Administration, during an extraordinary inspection, and according to the report of the former Inspector General of the National Security Agency, Artan Kurti, found irregularities in the Ministry of Justice regarding the manner of filing the case during the administrative procedure regarding the annulment of the decision, i.e. the return of his name to the criminal record of the Ministry of Justice.
"On inspection of the basic records of the Ministry of Justice, it was determined that the act of the Minister of Justice, which ex officio initiated the procedure of annulment of the decision of the Ministry of Justice from June 8, 2020, was recorded in the official register, and not in the register, which is contrary to the article 9 of the Regulation on office operations of state administration bodies", it is stated in the minutes, which were signed by administrative inspector Predrag Radovanović.
They listed a number of acts from this administrative case of the Ministry of Justice, from the end of March to the middle of April this year, which were signed by the head of the Directorate for Criminal and Misdemeanor Records, Dijana Šćekić, and which were filed with the number code 01 issued by the Minister of Justice.
"From the beginning, we pointed out that the reference number 01 is the office number of the Minister of Justice, not the Directorate for Criminal and Misdemeanor Records, and that an unauthorized person conducted the proceedings. From the beginning, Andrej Milović - by filing a criminal complaint, obtaining verdicts and data, conducted the proceedings without authorization administrative procedure, and in the Information itself, when the exemption was requested, he admitted to the Government that he did not know that the administrative procedure for annulment was conducted by the Directorate for Criminal and Pretrial Records," he said. To "Vijesta" Kurti's lawyer Vaso Bečanović.
At the end of April of this year, the Ministry of Justice annulled the decision from June 2020, when the verdict for the former inspector general of the National Security Agency was deleted from the criminal records and his name was re-entered in the register of the Ministry of Justice for the criminal offense for which Kurti was finally convicted in September 2009. .
Artan Kurti then turned to the Administrative Inspection claiming that the then Minister of Justice and the Head of the Directorate for Criminal and Misdemeanor Records "committed criminal acts of falsifying documents" because the procedure was initiated with the Minister's reference number 01, and ended with the Directorate's reference number.
Last Friday, the Administrative Court rejected Kurti's appeal as unfounded, in which he requested that the decision of the Ministry of Justice be annulled and the return of his name to the criminal record be erased.
In their reasoning, they enumerated and stated that Kurti was 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 solely competent to decide on his rehabilitation, in accordance with the cited Article 121 of the Criminal Code 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.
After the verdict, Artan Kurti's lawyer appealed to the Supreme Court on Monday, asking them to annul the decision of the Administrative Court.
"In addition, we will submit the findings of the Department of Administrative Inspection as an attachment to the Supreme Court," added Bečanović.
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