The Agency for the Prevention of Corruption (ASK) continues to hide the travel orders of the official vehicles of that institution, despite the order of the Agency for the Protection of Personal Data and Free Access to Information (AZLP) to provide the Network for the Affirmation of the Non-Governmental Sector (MANS) with data on kilometers traveled in January 2023.
Instead of respecting the decisions of the Agency responsible for the implementation of the Law on Free Access to Information, the institution headed by him Jelena Perović, continues the same practice - three days ago they issued a decision again and prohibited MANS from accessing data related to the use of official vehicles in November.
The Agency of Jelena Perović explains that they performed a harm test, and that it was determined that "the press release of the Agency's director from September 11, 2023, published information on the actions of the competent state prosecutor's office based on the criminal complaint from August, in which the allegations related to on the legality of the use of official vehicles in the possession of the first instance authority".
"Vijesti" announced in February that Perović and her assistant Nina Paović in just one month - September 2022, official cars traveled more than 6.800 kilometers.
Previously, MANS announced that ASK acquired a luxury vehicle, and Perović, by a special decision, assigned it to herself for permanent use (24 hours), although, according to the Government Decree on the use of vehicles owned by Montenegro, she had no right to do so.
She also provided the permanent use of an official vehicle for Paović, and she was assigned a car that was used by Perović before the sale of the luxury BMW.
After the information obtained by "Vijesti" and MANS, the Agency stopped publishing travel orders on its website, explaining that they are not bound by the Law on the Financing of Political Parties and Election Campaigns.
SDT has been investigating since May, following a report from MANS, whether Perović abused her official position by using official cars outside the regulations.
Incomplete explanation
According to the AZLP decision, the explanation submitted by the Agency for the Prevention of Corruption is incomplete.
"Article 16 of the Law on Free Access to Information stipulates that access to information will be limited, if there is a possibility that the disclosure of the information would cause adverse consequences for the interest, which is of greater importance than the interest of the public to know that information, unless there is an overriding public interest prescribed by Article 17 of this law. Therefore, the first-instance authority (ASK) bases its explanation of the appeal decision on the press release issued by the director of that authority on September 11, in which there is no more precise information that could indicate or at least make it likely that the requested information is now part of the criminal proceedings and that in in that sense exempted by the acting state prosecutor", says the decision, which is signed by the president of the AZLP Council Željko Rutović.
It is also stated that the decision of the ASK, which MANS complained about, does not contain a detailed explanation in which part access to information is denied, as well as that "the information requested by the request refers to January 2023, while the criminal complaint according to which the investigation procedure is conducted refers to 2022, and not on current actions".
"The Council of the AZLP determined that the appeal was founded, so it was adopted, and the first-instance authority is obliged to correctly apply the provisions of the Law on Free Access to Information in the retrial within 20 days from the day of receipt of the decision based on the properly established factual situation." , it is stated in the decision of November 27.
MANS: Ignoring decisions and legally binding judgments is the manner of the Agency's work
MANS called on KAS not to ignore the decisions of AZLP and to stop the practice of hiding information from the public.
"Especially those who can point to possible corruption and violations of laws and regulations. MANS is particularly concerned that the practice of ignoring the decisions of the AZLP, as well as the final judgments of the Administrative Court, is slowly becoming the way of work of the Agency and its director Jelena Perović, as well as the obvious intention to disavow any attempt to fight corruption, but also independent control of work and institutions", answered "Vijesti" from MANS.
They also assess that there are numerous examples, especially in cases involving high-ranking public officials, which show and repeatedly confirm the justified concern of the European Commission when it comes to the integrity of the ASK and the quality of decisions made by the administration.
"Montenegro has new chances when it comes to the EU integration process, but the current way of working of ASK shows that this institution will be an obstacle rather than an address where the real political will to fight corruption resides, as one of the basic benchmarks for the future closure of key of the negotiation chapters", it is stated in the replies of MANS.
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