The proposal to provide a temporary measure and enable the former director of the Agency for the Prevention of Corruption to Jelena Perović unimpeded access to that institution, is the decision of the Podgorica Basic Court.
According to confirmed information from "Vijesti", attorney Perović, lawyer Nikola Martinovic He requested that the former official be granted access to the Agency's premises, citing the Administrative Court's ruling, which annulled the Council's decision to dismiss her.
"The court points out that the proposer of the security, like any other citizen, has the right to access the premises of the opponent of the security (the Agency), in accordance with the rules governing work with parties. Unhindered access, for the purpose of performing the duties of the director, cannot be granted by this court, because making such a decision does not fall within the jurisdiction of a court of general jurisdiction," the judge concluded. Ina Hrković.
During today's session, Perović will state the reasons that led the members of the Agency Council to vote for her dismissal in August last year.
Unhindered access is not protection of physical and psychological integrity
The former director of ASK and her lawyer repeatedly tried to enter the Agency's premises, claiming that Perović was the director of that institution.
They tried to do this for several days in a row, after the Administrative Court announced at the end of May that the decision of the ASK Council to dismiss Perović had been annulled, and in the verdict it ordered that body to make a new, legal decision.
"The defendant authority will, in the retrial, taking into account the reasons from this judgment, in accordance with the Administrative Dispute Act, make a new, lawful decision," the judgment states.
Perović and her lawyer last attempted to enter the Agency on June 4, when physical contact occurred between Martinović and an advisor in the director's office. Bulat Bulatović.
This, among other things, was one of the reasons why a temporary measure was requested from the Basic Court.
"The Court does not see how the proposed interim measure - unhindered access should secure a claim that would arise as a result of a violation of the right to physical and mental integrity. The Court specifically refers to the content of Article 151a of the Law on Obligations, which stipulates that in the event of coercion, threat or any form of abuse or harassment, appropriate interim measures may be requested against a specific person, which will prevent the violation of personal rights. The essence of interim measures for the protection of personal rights is to eliminate actions that threaten physical and mental integrity, and the proposed interim measure does not require the cessation or abstention from actions that threaten personal rights, but rather unhindered access,...", the verdict states.
Requested to suspend the dismissal procedure
Although she claimed to reporters that she was the director of the Agency, after her first attempt to enter that institution, Perović submitted a petition to the Council asking it to suspend the procedure for her dismissal.
The submission, among other things, states that "taking into account the content of the proposal, based on which you issued a decision on my dismissal on 15. 8. 2024, and the content of the decision of the Administrative Court of Montenegro U no. 6009/24 of 16. 5. 2025, it is necessary for you to suspend the procedure for my dismissal."
"Namely, pursuant to Article 93 of the Law on the Prevention of Corruption, the ASK Council cannot establish violations of the Law on the Prevention of Corruption and the Rules of Procedure of the ASK in relation to any public official, including the Director of the ASK. The only thing you can do legally and for which you are certainly competent is to initiate such a procedure, in the manner prescribed by the Law on the Prevention of Corruption, which clearly defines the rules and conduct of administrative proceedings in which only violations of anti-corruption laws can be established. I also point out that the decision of the Budget Inspection, to which you refer in the decision for dismissal, was annulled as unlawful by the decision of the Administrative Court of Montenegro U.br. 3910 /24 of 13. 6. 2024, and therefore is not in the legal order, nor can any decision be based on it," states Perović in yesterday's submission, which, according to unofficial information, was submitted to the Council after she left the Agency, and she signed it as Director.
Three days later, during a session, the Council unanimously rejected the request. On June 6, they were also unanimous in their decision to comply with the Administrative Court's ruling, and voted to send Perović a request to state her opinion on the Council's decision to dismiss her.
The former director requested to provide an oral statement on the reasons for the dismissal, which was granted.
During her attempt to enter the Agency, Perović repeatedly repeated that the Administrative Court had ruled that she should return to that position.
She also told reporters that she believes in judicial institutions, even though she has been "going through something akin to torture for a year."
"We have prepared criminal charges against certain individuals. We have witnessed certain statements that are legally unfounded," she said.
Her lawyer Martinović emphasized that the goal of the visits is to "show that the institutions are also physically locked down."
"I expect them to set up a machine gun nest...", he said, after one of the failed attempts to enter the ASK director's office.
The Higher Court in Podgorica confirmed in April the indictment of the Special State Prosecutor's Office (SDT) against the former director of the Agency for the Prevention of Corruption and her former assistant. Nina Paović for the criminal offenses of abuse of official position and the continued criminal offense of forgery of an official document...
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