In the Basic State Prosecutor's Office yesterday, the hearing of members of the Podgorica Radio-Television Council (Gradska RTV) began, following a report by the non-governmental organization Media Centar, in connection with the appointment of Vladimir Otašević first as acting, and then as general director of that local broadcaster, "Vijesti" has learned. ” in Podgorica ODT.
"Regarding your question, I inform you that a case has been opened in the Basic State Prosecutor's Office in Podgorica on this occasion. The case is under investigation. The acting prosecutor gave an order to collect the necessary notifications," the institution, which is managed by Duško Milanović, told "Vijesti" officially.
The President of the RTV Podgorica Council, Vesna Radulović, told "Vijesta" yesterday that she was returning from a trip and that she was not concentrating for the interview with the journalist.
On July 1, the NGO Media Center submitted a criminal complaint to the ODT against Otašević and an NGO as co-perpetrators.
"...Regarding the instigators or helpers, who, when running for the position of acting executive director of RTV Podgorica and later applying for the same position, prevented other persons who meet the conditions to be elected, by not following the rules, and discriminated against other participants and violated equality by giving untrue public document and in violation of the election procedure," reads the report of the non-governmental organization headed by Goran Đurović.
In this way, according to the Media Center, they have committed several acts in a row - violation of equality, discrimination, forgery, abuse of official position, illegal influence, seeking illegal influence.
"...All in an extremely deliberate manner for an extended period of time with direct intent, i.e. a complete state of consciousness and will to commit the act and produce negative consequences for the public interest of the Capital City of Podgorica and the State of Montenegro, i.e. the will to commit the act and create negative consequences continuously in over a period of several months," the criminal complaint states.
Acting should be from among the employees
The Media Center claims that on December 12, 2023, the Council of RTV Podgorica, in accordance with Article 48a paragraph 1 of the Founding Decision, had to choose an acting director from among the employees of this company who meet the conditions and give their consent, which is also provided for in the Statute.
They reminded that the Decision on Amendments to the Decision on the Establishment of the Local Public Broadcaster Radio Television Podgorica stipulates that "in the event of the resignation or dismissal of the executive director, the Council appoints an acting director from among the employees of the Company who meet the requirements for the executive director and give written consent for appointment”.
"According to the available information, the Council of RTV Podgorica did not receive the records of persons who already work at RTV Podgorica, who meet the conditions until the employees were invited to apply for the position of acting executive director of RTV Podgorica and submit the necessary documentation. Therefore, the Council had to look at all the work files of the employees and single out those who meet the requirements and interview them and ask if they agree to the appointment and choose one person from those who agree. However, this was not done, but based on rumors, several candidates were motivated, including the accused, which discriminated more than a dozen candidates from among the employees of the RV Podgorica and violated equality based on the regulations," claims the Media Center.
They point out that the Council of RTV Podgorica had to announce a public competition for candidates for acting director who are not from RTV Podgorica.
"According to what procedure did the Council of RTV Podgorica consider only the candidacy of Vladimir Otašević and Andrijana Kadija and not some other interested candidates?" On the basis of which procedure did the candidates submit the necessary documentation and did the candidates even submit the documentation on the basis of which the Council could make a decision? This is a violation of equality and discrimination," said the Media Center.
The NGO points out that the members of the Council have not determined what kind of experience with a university degree, of which acting executive director Otašević has at least five years in management positions in areas relevant to the performance of activities.
"Is experience in the field of NGO work relevant for performing the position of director of RTV Podgorica, or is it necessary for the candidate to have been in the management structure of a radio or TV broadcaster because he is coming to such a position", asked the Media Center in the application.
They also state that during the appointment of Otašević, Article 16 of the Decision was not respected, which "clearly prescribes that a person who, in accordance with the law and Article 29 of this Decision, cannot be a member of the Council cannot be appointed as an executive director"...
"The mentioned article of the Decision prescribes that persons who are spouses, common-law partners and life partners of persons who are part owners, shareholders, members of management bodies, members of supervisory bodies, employees or persons who are employed on other grounds cannot be appointed as members of the Council , persons under a contract and/or persons who have a legal interest in legal entities, which are engaged in the activity of providing AVM services, access services and use of video exchange platforms, distribution of linear AVM services, as well as production of audiovisual content, advertising or electronic communications' At the time of the appointment of Otašević as acting director of RTV Podgorica, his wife owned 90 percent of Montenegro Press Company doo (portal PRESS), which is engaged in the production of audiovisual content and electronic communications Otašević... By signing a statement that he was not in conflict of interest at the time of his appointment as acting director of RTV Podgorica, Otašević committed the crime of falsifying a document," the Media Center states in the application, providing the prosecutors with evidence for those claims.
Councilors controlled the election of directors?
In the same application, the media center also treats the election for the general director of RTV Podgorica, and points out, among other things, that already at the first sessions of the Council, during October and November of last year, it was clearly presented, "and according to the knowledge of the submitter of the criminal report, it can also be seen from e - email correspondence, that all this process is monitored, supervised and controlled by the official of the party in power in the capital city, even though they have no legal authority in this sense".
The Media Center says that members must be independent from politics and any criminal and corrupt, illegal political influences.
They also state that on the eve of the session - on February 13, Council president Vesna Radulović "was in contact with an official of the Podgorica Municipal Assembly, under the pretext announced at the session, that he was the creator of the Decision on the establishment of RTV Podgorica".
"With which other persons the members of the Council had contact, this should be determined in the previous criminal proceedings, that is, in the results of the investigation, because two more members of the Council of RTV Podgorica, despite knowing all these facts, showed favor towards this criminogenic behavior from the start. According to the information, albeit indirect, of the applicant of this application, several members of the Council maintain during the entire duration of this procedure very intensive telephone contacts with politically exposed factors and the defendant himself, which should be made beyond doubt during the procedure. The prosecuting authority, acting on this report and assessing the degree of culpability, that is, the will and consciousness or desire to commit a criminal offense, will be charged for an extended period with clear direct intent. It is not the product of a set of circumstances or some sort of coincidence, but a clear intention that lasts for months, day after day...", the application emphasized.
Bonus video: