Year: 2021

I

On the eve of public gatherings expected on Saturday in Podgorica and Sunday in Cetinje on the occasion of the enthronement of the Metropolitan of Montenegro and the Littoral of the Serbian Orthodox Church, the Human Rights Action and Institute Alternative call upon all social, political and religious organisations and citizens to observe peace, respect for different religious and political beliefs and human rights.

We warn that the radicalisation of public speech produces increased tensions in society that may easily cause violence and incidents with unforeseeable consequences.

We point out that only the public gathering on September 4 in front of the Serbian Orthodox Church in Podgorica has been notified to the Police, which will enable the Police Directorate to provide for that gathering in cooperation with the organizer, including adequate health care in accordance with the regulations due to the epidemic.

It is worrying that the protest against the enthronement of the Metropolitan in Cetinje has not been notified to the Police in accordance with the law, preventing the appropriate security measures of that gathering.

The announced protest in Cetinje is not a spontaneous gathering, so we call upon its organisers to notify it to the Police and thus contribute to its security. The notification of the gathering implies the identification of formal organisers and enables communication and cooperation with the police. The Democratic Party of Socialists of Montenegro (DPS) as the party that has been inviting people to the protest and its president Djukanovic, who is also the president of the state, have a special responsibility to ensure that the gathering is organised in a lawful way in accordance with the Law on Public Assemblies, and to keep it peaceful.

II

We also warn that the ban on the presence and gathering of more than 50 adults together in an open public place is in force, prescribed by the Order on Provisional Measures to Prevent the Introduction into Country, Suppression and Prevention of Transmission of New Coronavirus, which came into force on September 1st and is valid until September 10th. There is also an obligation to wear a protective mask on the face covering the nose and mouth, including children older than five years and in an open public place (park, square, sidewalk, etc.), if it is not possible to provide a physical distance of at least two meters. Also, the current Order prescribes in detail how religious ceremonies can be performed.

Violation of these regulations is subject to criminal liability. We expect the Police Directorate and the State Prosecutor’s Office to ensure the implementation of these regulations.

The corona virus epidemic is not subsiding in Montenegro, which is the reason why the European Union recently removed it from the list of safe countries. In Montenegro, people die every day because of the corona virus and over 500 people are infected every day.

All participants in the upcoming gatherings should be aware of the risks they pose to health, safety and compliance with the law.

III

Regarding the religious ceremonies that will be held on Sunday in Cetinje, at the seat of the Metropolitan of Montenegro and the Littoral of the Serbian Orthodox Church, we recall that the right to perform this ceremony is an integral part of freedom of religion, as it would be the case with any other religious community. Montenegro must ensure that all religious rites of religious communities operating in its territory are performed without violence against believers and religious ministers.

All disputes, including the ownership of churches and temples, can be raised and resolved in a manner prescribed by law, without endangering the freedom of religion and safety of others.

 

Stevo Muk, President of the Managing Board of Institute Alternative

Tea Gorjanc Prelević, Executive Director of the Human Rights Action

The Administrative Court, upon the initiative of Institute Alternative, annulled the decision of the Agency for Prevention of Corruption

The Agency for  Prevention of Corruption will again decide on the IA’s initiative against the current MP, and former minister Predrag Bošković, suspecting that he had violated the Law on Prevention of Corruption by having illegal incomes around 130 000 euros from international handball organisations in recent years.

It will do so after the Council of the Administrative Court has accepted IA’s lawsuit at the beginning of the month and annulled the decision of the Agency from October 2019.

“The Agency will issue a new decision, in which it will decide if the public official Predrag Bošković violated the Law“, it is said in the response to newspaper “Vijesti“ from the institution headed by Jelena Perović.

Institute Alternative believes that he had illegal incomes against the Law, as Vice President of the Executive Board of European Handball Federation (EHF) and member of the Executive Board of International Handball Federation (IHF).

According to the regular annual property reports that he submitted to the Agency, he reported that from two handball federations he had incomes about 130 000 euros.

The institution headed in that time by Sreten Radonjić rejected IA’s request in October 2019 as unfounded, claiming that the Law does not apply to international bodies.

Article 12 of the Law on Prevention of Corruption says that a public official shall not be a president or member of the management body or supervisory board, executive director, member of management of public companies, public institutions or other legal entities. On the basis of membership in the managing or supervisory bodies, public official cannot legally generate income or other compensation.

IA claims that the legal norm does not allow different interpretations and that the Law does not distinguish between domestic, foreign and international sports associations.

However, the decision signed by Agency’s Assistant Director, Savo Milašinović, states that was the reason for rejecting Institute’s request.

“The EHF is a governing body that controls handball federations of European countries, and it is the part of IHF, while the IHF is an administrative and control body of international handball. Therefore, these are international bodies to which the Article 12 of the Law refers and does not apply“, it is stated in the explanation.

In the lawsuit from 2019, in which “Vijesti“ had access to, President of the Managing Board of Institute Alternative, Stevo Muk, stated that it remains unclear how the Agency made the final conclusion that this provision does not apply to that organisation, because they do not state any exceptions which would refer to an international organisation.

“If the position of Agency were legal and justified, it would be a lesson to public officials that throguh the establishment of non-profit associations based outside Montenegro they can generate additional income contrary to the provisions of the Law, and that the Agency will not open a procedure for verifying conflicts of interest of the law“, Muk warned at the time.

His argumentation was accepted from the Council of the Administrative Court, because the verdict signed by judge Muzafer Hadžajić states that “the mentioned provision, as the prosecutor rightly objects, does not make a difference between domestic, foreign and international organisations“.

“According to the court, the shortcomings of the dispositive and reasoning of the disputed decision call into question both the factual determination and the correctness of the application of substantive law, from which the legality of resolving the administrative matter itself could not be examined, which was the reason for the Court to adopt and annulled the disputed decision“, it is stated in the explanation of the verdict in which “Vijesti“ had an insight.

Bošković did not responded at the questions of “Vijesti“ to comment the verdict of the Administrative Court.

Author: Miloš Radović, Vijesti

The text was originally published in the daily newspaper “Vijesti“, as well as on the portal Vijesti.

Watch the recording of the consultative hearing in which Stevo Muk participated on the occasion of his candidacy for membership in the Prosecutorial Council.

• On the priorities of the work and recommendations for the improvement of the prosecution, such as evaluation, infrastructure, better accountability – in literal sense of financial management but also in terms of greater responsibility for those cases that did not reach indictment;
• On the previous capture of the prosecutor’s office and controversial cases;
• On why membership in the National Council for the Fight against High-level Corruption is not an obstacle: it is an advisory body of the Government without executive powers and we have participated in the similar bodies with other NGOs before;
• About why prosecution needs new staff;

and on other important issues, have a listen:

Stevo Muk, President of the Managing Board at Institute Alternative, submitted an application for membership in the Prosecutorial Council, following the public call issued by the Parliament of Montenegro in accordance with the  Law on State Prosecution.

“We have been pointing out for years that the state prosecution is the key for fighting organised crime and corruption, that it is captured and as such is most responsible for the state capturing. New law also gives non-governmental organisations the opportunity to contribute to the work of the Prosecutorial Council and the reforms of the prosecution, its “decapturing” and a more efficient fight against corruption and organised crime. Those were the reasons for applying for the position of member in the Prosecutorial Council. I believe that years of experience in analysing the work of state prosecution recommend me for this position. I am grateful for the support of a group of reputable non-governmental organisations“ – stated Stevo Muk in a statement for the media regarding his candidacy for membership.

His candidacy is supported by seven recognisable and reputable non-governmental organisations with experience in the rule of law area, monitoring of the work of the prosecution and fight against corruption and organised crime. Muk is supported by the following organisations: Human Rights Action, Network for Affirmation of NGO Sector – MANS, Center for Civil Liberties, Politikon Network, Center for Investigative Journalism of Montenegro, ADAMAS and Institute Alternative.

Stevo Muk graduated at the Law Faculty (University of Montenegro) in 1998. He completed postgraduate studies at the Faculty of Political Sciences, as a Master in Political Science. He is one of the founders of the Institute alternative, and has been the President of IA’s Managing Board since 2007.

He worked with Swedish Institute for Public Administration (SIPU) in regional TACSO project.

He was founder of Center for Development of Non-governmental organisations CRNVO  and its Executive Director from 1999 till 2007. He worked as a project officer for Civil Society, Media and Roma at the Open Foundation Society Montenegro (2001).

As a consultant he worked with OECD, SIGMA, World Bank,  Regional Cooperation Council (RCC), Friedrich Ebert Foundation, The Heinrich Böll Foundation, RESPA.

Since January 2021, Muk is a member of the National Council for the Fight against High-level Corruption. He was also a member of the Council for Public Administration Reform, Council for Cooperation between State Administration Bodies and Non-governmental Organisations, as well as member of the Ministry of Justice Advisory Council for Public administration reform.

From 2019  till 2021, he was a member of the Working group for the Negotiation Chapter 24 – Justice, Freedom and Security.  He also participated in a work of numerous working groups for drafting laws and strategic documents.

He participated in the Working Group for drafting the Law on the Special State Prosecutor’s Office, in the preparation of Institute Alternative’s comments on the draft laws on the state prosecution, as well as in the preparation of the Draft Law on Criminal Procedure. He participated in the preparation of proposals for the development of the Action Plan for Chapter 23 – Judiciary and Fundamental Rights (2012 and 2015).

As a project associate he participated in the World Bank’s projects „Human Resources Management in Judiciary“ and „Functional Revision of the Judiciary in Montenegro“ in 2018.

He is co-autor of the analysis “New Government and Fight Against Corruption and Organised Crime: What Should be Done in Prosecution and Police?” (Institute Alternative, 2020). He is editor and co-autor of the analysis “The institutional Framework for the Investigations of Corruption and Organised Crime – Comparative models” (Institute Alternative, November 2013).

He is editor of the following analyses: „Cooperation Between Police and Prosecution: Stories of prosecutors, police officers and judges”(Institute Alternative, 2014), “Audit Finding Evidence and Indication: Cooperation between the State Audit Institution and Supreme State Prosecutor’s Office in Montenegro” (Institute Alternative, 2016), “Fulfilling the Form or Substance? – Content Analysis of the Annual Performance Reports of the State Prosecutor’s Office and the Police Administration”(Institute Alternative, 2012) and “Montenegro and negotiations in the Chapter 23 – Judiciary and fundamental rights” (Institute Alternative,2012).

He participated in the coordination and implementation of the regional projects Merlin and Bencher. Within those two projects, benchmarks set in the negotiation process in the field of justice were analysed. He also coordinated and participated in the project “Prosecutorial Investigation in the Western Balkans”, which was implemented in cooperation with the Association of Prosecutors of Serbia.