MANS continued to shed more light and improve accountability in area of spatial planning and construction in 2011 by monitoring work of responsible institutions, investigating concrete cases of corruption and organized crime and supporting citizens in reporting illegal development and other relevant law violations.
Online maps of illegal development continued to serve both as transparency tool, as well as useful base for investigating particular investor or location. In that manner, during 2011 we manage to cover 23 locations with severe law violations in seven 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.
Maps were updated based on over 600 requests for information sent to obtain planning documents, construction and usage permits and other relevant planning documents. At the same time, work on maps enabled us to recognize and report law violations so in 2011 we submitted near 400 initiatives for inspection control. We also submitted over 40 criminal appeals, predominately against investors constructing without relevant permits.
In order to further ease transparency of spatial planning in Montenegro, during 2011 we published at our website over 170 local spatial plans and over 20 state-level spatial plans . Support to better planning system was also done through analysis of 44 spatial plans in terms of their compliance with plans of higher order.
We also assessed 17 plans in term of their compliance with relevant environmental legislation. In doing so, total of 54 sets of comments were developed and submitted to local municipalities.
We also used comments on spatial plans to mobilize citizens to come to public hearings and take participation in decision making, express their needs and propose solutions. In 2011 MANS’ representatives participated at 35 public hearings on spatial plans and other planning related documents.
In cooperation with NGO Green Home we organized a separate campaign and mobilized over 5000 citizens around spatial plan for development of underwater energy cable between Italy and Montenegro. After campaign Government was forced to disclose the documents relevant for public discussion on this project.
We also developed a set of comments on the Plan and Strategic Environment Impact Assessment Study and submitted them to the Government.
Investigating concrete cases of corruption and organized crime was in our focus also in 2011. The year began with disclosing the role of the ex Minister for urbanism in illegal issuing of several construction permits, including those for infamous “Zavala” case, but also for other objects constructed to his fellows in governing political party and local power players.
Also, we were investigating case involving the new Mayor of Budva, appointed after previous one was arrested in 2010, based on MANS’ criminal appeal. According to evidences gathered by MANS, the new Mayor was participating in selling the municipal land based on harmful contract.
Using obtained information in these cases, MANS submitted criminal appeals to Special Prosecutor for Corruption and Organized Crime.
Continuing investigation from 2010, MANS managed to complete the case of Mayor of Bar and to prove existence of very complex network of interest with Mayor on the top such organized structure. Evidence gathered were proving that such structure was used to violate laws and spatial plans in order to gather extra profit to Mayor, but also to a number of companies and individuals close to him.
In addition to this, MANS managed to map down the investments in municipality of Bar done under that network of interests run by the Mayor. The campaign organized around this case was strong enough to force the Special State Prosecutor to invite MANS for consultation which resulted in initiating investigation.
Another cases investigated involved both current and ex Minister of urbanism, suspected of legalizing object of individual informally known as head of organized crime structure in Montenegro. MANS managed to prove that both public officers were involved in spatial plan amending and illegal issuing construction permit and absence of proper inspection control during construction. This case also resulted in submission of criminal appeal to Special State Prosecutor.
At the end of the year MANS discovered that ex Mayor of municipality of Ulcinj signed near to 100 contracts for legalization of objects in total amount of 2.5 millions of Euros. One of the largest beneficiaries of such “services” was Naser Kelmendi informally know as one of the largest drug smugglers in the Balkan region who paid to Mayor over 200.000 Euros for legalization of his objects. Complete documentation was forwarded Special State Prosecutor who initiated the investigation.
In 2011 Government prepared tender documentation for granting concession on Moraca River hydro potential, when MANS discovered that process was compromised by several violations of the Law on Concessions. Namely, the tender was designed on unreliable data and tailored to suit only limited number of interested companies. In that sense, MANS submitted a criminal appeal against public officers in charge for managing the tender documentation. After strong media campaign on this issue, tender was nullified as no one applied for the concessions.
