Deputy Protector of Human Rights and Freedoms Snezana Armenko warned the Ministry of Defense that due to inaction in the case of the distribution of apartments and court rulings, the state of Montenegro could suffer.
"Continuing with this practice and persisting in not acting according to the orders and legal positions of the court expressed in legally binding court decisions... may result in the conduct of other proceedings both at the domestic and international level and may result in the determination of the state's responsibility for damages". states in the warning Armenko.
Armenko also instructed the complainant that if in the final decision of the competent authorities he fails to implement the decision in the manner directed by the regular courts, he has the option of submitting a lawsuit to the Basic Court in Podgorica and "to demand that the court replace the decision on the allocation of the apartment with its own decision".
In 2010, the Ministry published an advertisement for the lease of 100 apartments, with the right to purchase them on more favorable terms, for several categories of persons, of which seven apartments are given to civilians serving in the Army. Among them is the complainant.
"There is no doubt that in a period of less than 12 years, the defendant did not complete the distribution of apartments according to the advertisement he published in May 2010, and that for a period of more than 10 years, he did not act in accordance with the law by not executing legally binding court judgments in the manner as it should have been, according to the instructions given in those judgments, which all indicate that the procedure is taking an unreasonable amount of time," the final assessments state.
The final distribution of the apartments in question has not yet been made.
The protector assesses that it is a relatively complex procedure. However, after the irregularities found in the first court proceedings that were initiated after the first distribution of apartments, as well as after the suggestions given in the final judgments of the competent court on the assessment of the legality of the decision from that distribution, the defendant was able to eliminate the indicated irregularities in a shorter period of time. On the contrary, in the retrial, the Ministry committed the same irregularities in relation to the prosecutor and later repeated them in subsequent distributions, persisting in disobeying the orders and instructions of regular courts.
"The length of the procedure is solely the result of the defendant prolonging the procedure and his failure to act on the remarks and clearly expressed views of the court that the complainant in the distribution procedure in question cannot be considered a person who presented incorrect data (about his housing situation), but that he should included in the ranking list, which the defendant has not done for a long time," Armenko's opinion states.
The opinion found that in the period from 2010 to the day of filing the complaint, the complainant's right to a trial within a reasonable time from the Constitution of Montenegro and the European Convention for the Protection of Human Rights and Fundamental Freedoms was violated.
Armenko gave a recommendation to the Ministry of Defense to proceed with the implementation of the apartment distribution procedure from 2010 as soon as possible and to make a final decision in accordance with the law, as well as to act in all future situations like this and according to the legally binding decisions of the courts "since the authorities do not have the discretionary right to decide which legally binding court decision they will implement or not".
She also gave a recommendation to the Basic Court in Podgorica to immediately carry out the execution procedure that can only be performed by the enforcement debtor - the Ministry - in this case. Mass. R.
100
apartments were leased by the Ministry of Defense in 2010 for an indefinite period with the right to purchase them on more favorable terms. The apartments are located on the territory of Podgorica, Nikšić, Tivat and Ulcinj
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