The Government of Montenegro rejected the request of Artan Kurti for the exemption of the Minister of Justice Andrej Milović from decision-making in the administrative procedure initiated by the Ministry of Justice for the mandatory annulment of the decision erasing Kurti's conviction according to the judgment of the High Court in Podgorica.
"The person named in the request essentially states that there is personal animosity between him and the Minister of Justice, that the Minister of Justice commented negatively on him in numerous public appearances in the sense that the applicant, during the performance of his duties in the National Security Agency, illegally followed him, abused his official position and engaged in illegal employment," reads the decision published by the Government yesterday.
In the submission, it is added, it is stated that Kurti also filed a criminal complaint against the Minister of Justice, initiated proceedings for damages before the Basic Court in Podgorica, and that for all the reasons stated, in his opinion, there are indisputably conditions for the exemption of Milović from decision-making in subject administrative procedure.
"In the process of assessing the merits of the request for exemption, based on the case file, it was undisputedly established that the Special State Prosecutor's Office informed the Ministry of Justice by letter that the SDT rejected the Ministry of Justice's information on the rehabilitation procedure for the convicted person Artan Kurti because there are no grounds for doubting that the reported officers have committed any criminal offense for which prosecution is undertaken ex officio, at the same time finding that the conditions for mandatory annulment of the decision of the Ministry of Justice from 08.06.2020 have been met because it was obviously brought in matters from the jurisdiction of the court in which case the deadline for mandatory annulment of the decision is met 10 years from the date of execution of the decision," the decision reads.
According to the Government's assessment, the statements from the request that are aimed at establishing the bias of the Minister of Justice due to intolerance and personal animosity, which represent the personal attitude of the applicant, cannot be considered as justified reasons because they do not indicate the existence of any bias in decision-making because it is the obligation of a public law body , regardless of who manages that body, to, in accordance with the law, initiate and carry out the procedure for mandatory cancellation of the decision when there are legal reasons for it, which can only be appreciated by a public law body, and whose decision is subject to court control.
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