The Administrative Court has passed another judgement in favour of MANS, ordering the Agency for Prevention of Corruption (APC) to start the procedure of checking the report on the revenues and assets of the former Deputy Director of the Police Directorate, Enis Baković.
MANS filed the initiative back in early 2020, but APC refused to deal with the origin of the money with which Baković bought a plot and a chalet in Žabljak. The data obtained by the MANS Investigative Centre show that Baković was unable to finance the purchase of the real estate worth 15 thousand euros from the officially declared revenues.
In March 2021, Enis Baković was dismissed from the position of Assistant Director of the Police Administration, after which he was accused by the Prime Minister Dritan Abazović of being responsible, together with Zoran Lazović (also dismissed then), for lifting the ban on entry into Montenegro for Veljko Belivuk and Marko Miljkovic. Baković then replied that he had done everything according to the law in that case.
Following the lawsuit filed by MANS, the Administrative Court passed its first judgement mid last year, annulling the decision of the APC and ordering the initiation of the procedure for checking Baković’s assets.
Since the APC did not issue a new decision within the legal deadline, in September last year, MANS requested the Administrative Court to adopt a decision on the merits, i.e. to adopt an administrative act that would replace the decision that the APC refuses to pass.
At the end of last month, the Administrative Court passed a new judgement obliging the APC to issue an act on the execution of the judgement from 2022 within 30 days. In the latest judgement, it is stated that MANS’s request for a decision on the merits was justified and grounded in law, but also that it could not have been passed because the APC did not submit the case files on Baković’s assets to the Administrative Court. APC has still not implemented the 2022 judgement.
We have witnessed the same acting of APC in the case of the initiative of MANS which related to the assets of the former president of the state, Milo Đukanović, where this institution was refusing to implement the judgement of the Administrative Court for more than two years.
Failure to execute a court decision is a criminal offense, punishable by a fine or a prison sentence of up to two years.