The National Security Agency (ANB) is working on a draft departmental law that will, among other things, prescribe an intelligence check of public officials who have access to security-sensitive data, but before they are elected, "Vijesti" learns.
In question is the draft of the new law on the National Security Agency, the amendment of which was announced by the Prime Minister in his presentation Dritan Abazović. He then mentioned the reform of the security sector, while looking at the changes to the Law on ANB.
The proposer of the law on ANB is the Agency, because unlike most institutions above which are government departments, ANB does not have a "second-level authority", i.e. a ministry.
The draft version of the law already exists, "Vijesti" learned. The intention of the new director Sava Kentere, who came from the civil sector and knows good procedures for the best solutions, is to do exactly that. According to the unofficial information of "Vijesti", he ordered that the ANB working group use "best practices" from the European Union and then from the environment, first from Slovenia and Croatia, when drafting regulations.
The problem that appeared on Friday, when the Government sent the inspector general of the ANB, who was convicted twice, could have been avoided if there was a legal provision in Montenegro that enables intelligence and security checks of candidates for officials before they are elected.
Such provisions already exist in some regulations, such as those in neighboring Croatia.
The Act on the Security Intelligence System of Croatia provides for the security check of officials and employees of security-intelligence agencies, presidents and members of the Council for Civil Oversight of Security-Intelligence Agencies and other persons for whom this is determined by the provisions of that and other laws, i.e. by Government decree, in the process of their appointment to duty, i.e. acceptance to work.
In the Law on Security Checks, it is elaborated that a basic security check is carried out for: persons who are appointed or have been appointed to duty, who are appointed or have been appointed as leading civil servants, who are accepted for work or who work in security-intelligence sector bodies, persons who are hired or work in specialized bodies for combating organized crime and corruption.
IA seeks annulment of appointment of Kurti
The Institute of Alternatives called on the Government to cancel the appointment of ANB Inspector General Artan Kurti.
"At a time when the security sector is under the shadow of serious accusations and crying out for serious reform, the Government should cancel the disputed decision and appoint a person with an indisputable biography and competence as the inspector general for a position that is key to the control of the work of the ANB", according to the statement signed by Milena Muk.
If it does not cancel the appointment, as it is added, the Government calls into question the quality of all other security checks and procedures for establishing an employment relationship in the security sector. "With this decision for one of the key positions in the ANB, the Government openly violated the law, bearing in mind the media reports and information about the final verdicts for serious criminal offenses of the recently appointed inspector", says Muk.
She reminded that the Inspector General exercises control over all matters of importance for the work of the Agency. "The Law on ANB stipulates that a person who has been legally convicted of a criminal offense cannot establish an employment relationship in the Agency, even if there is a security risk for establishing an employment relationship in the Agency. These provisions are reason enough not to consider the placement of returnees in such sensitive positions in the commission of criminal acts," she stated.
According to her, justification cannot be sought in the bureaucratic formalities of keeping criminal records. "The security check, which has a decisive role when engaging in the security sector, is not an administrative check of entries and deletions from criminal records, as the president and some members of the Government tried to reduce it to, but should cover all aspects of security risk. If the multiple commission of criminal offenses is not an obstacle for a "transitional evaluation" at the security check, the question is justifiably raised as to what else this lowering of the criteria opens up for, said Milena Muk.
Kurti was convicted of attempted murder and illegal possession of a weapon.
Bonus video:
