During 2010 we were working on increasing transparency of spatial planning, monitoring work of institutions responsible for spatial planning and construction in concrete cases submitted by MANS or citizens, especially those involving high level public officials.
MANS continued to bring more light into spatial planning and development processes by maintaining 16 online maps of illegal development19 from three municipalities. The maps are providing information on planned dimensions and positions of objects, photos of illegally constructed ones, construction permits, initiatives to inspections and their responses, as well as all responses obtained via free access to information act.
In order to develop maps we submitted more than 1000 requests for information, asking for spatial plans, construction permits and other urban development related documents.
During 2010, MANS visited nearly 50 public debates on urban development issues. We were providing support to citizens in fighting corruption and mobilizing them around common issues.
Together with Green Home and other NGOs, we mobilized 14.000 citizens to sign petition for protection of River Moraca. Forced by the public pressure, the Government had to rethink the plans for constructions of large-scale hydro power dams on Moraca River and
redraft the spatial plan to be publicly discussed in another cycle of consultations with citizens. We have also developed a set of comments on the Plan and Strategic Environment Impact Assessment Study and submitted them to the Government.
We were monitoring illegal developments on the field in capital Podgorica and in municipalities of Ulcinj, Bar, Budva, Herceg Novi, Tivat and Kotor. On the basis of collected information we submitted more than 160 initiatives for inspection control, predominately to national construction inspection.
Year 2010 brought final opening of the infamous “Zavala” case with the first arrests based on MANS’ criminal appeal submitted in 2008. Mayor and Deputy Mayor of Budva were arrested on charges for misuse of office and organized crime in spatial planning and construction.
Prosecution failed to process key players identified by MANS, ex Vice-Prime Minister and former Minister of Spatial Planning.
Another case is related to family connections possibly affecting spatial planning process. MANS discovered that the Minister of Spatial Planning provided approval for adoption of the spatial plan that is envisioning construction of apartment buildings on land owned by the Minister’s close relative. Construction capacities on that particular location were increased only when draft plan was provided to the Minister for approval. MANS also discovered that process of development of that plan was burdened by conflict of interest, as company that was awarded contract to design the plan, was closely connected to company of the Minister’s relative that owns the land.
The case was reported to all responsible institution, including the prosecution. A case related to Mayor of Podgorica, reported by MANS in 2007 and refused by the prosecution in 2008, without any justification, is reopened following decision of the Basic court in May 2010, nullifying the Mayor’s decision on selling the land without tender. In 2007 MANS discovered that Mayor of Podgorica might be misusing the office while selling more than 15.000 m2 to a local company, without public auction, harming the budget for nearly 11 million euro. Following refusal of the prosecution, the Basic Court in Podgorica, deciding upon private law suit initiated by another company, also interested for land in dispute, found that the Mayor violated the law. MANS submitted another criminal appeal and the case is still pending.
In 2010 MANS number of cases involving Mayor of Bar who was legalizing illegal construction of his own company. He failed to conduct his oversight role in construction of objects and granted contracts for public works to connected companies. We have managed to pin down so-called “network of interests” of companies and individuals around the Mayor, showing that illegal influence on decision making was possible. All these findings we submitted to the prosecution.
We discovered conflict of interest among plan developers, responsible government representatives and land owners. Spatial plan defining future touristic valorization of the large part of the country’s northern region “Bjelasica – Komovi” was developed by a company owned by ex- Prime Minister’s brother who also owns construction land within the plan. Due to obvious conflict of interest in process of selecting planning company, we submitted an initiative to Directorate for Public Procurement. The case is pending.
Another major case was related to illegal construction conducted by brother of the former Minister of Interior. The case is focused at the fact that complex of 11 luxury villas and two apartment buildings were illegally constructed for more than three years during which period responsible inspections did almost nothing to prevent law violation and sanction the investor. Mayor of Bar was well informed about this illegal construction, and despite of that initiated development of plan to legalize the complex. We submitted criminal appeal to the prosecution.
We discovered that public institutions are illegally constructing and inspections are not reacting. Part of the house registered to the National Security Agency of Montenegro in Podgorica is illegally built. The Agency has illegally constructed extra annex to existing object, doubling the dimensions of the object. The object is duly reported to responsible inspection, still failing to conduct inspection control over the object.
MANS was also researching work of several public companies established by Budva municipality founded with purpose of managing, renting and selling municipal construction land worth over 200 million euro in total. MANS discovered a very complex scheme of interconnected public officers holding seats in boards of these companies. We found out that financial operations of these companies are nowhere to be recorded as for several years they did not submit their financial reports to their
founder, local parliament of Budva municipality. MANS submitted this case to the Police and still waiting for their response.
