Supreme State Prosecutor, Ivica Stankovic must give his statement on the proposal of the contract on the sale of state land at the Queen’s beach because indisputably if the contract implemented in such way will cause to the state budget caused multi-million damage. Of particular concern is the fact that the approval for the contract gave persons who are suspected of serious crimes and who are on trial at the Montenegrin courts.
MANS today to the SSP submitted a proposal of the contract together with the relevant documents obtained by the Research Center, which testifies of the work of the tender committee. An integral part of the documentation provided to Stankovic are and the records from the sessions of the tender commission that sold the Queen’s beach, and the opinions of some members of the commission, the decision of the Parliament of Municipal Bar and Budva on the sale of real estate, and consent to the proposed contract given by the mentioned municipalities.
Although the Law on State Property and Regulation of the Government of Montenegro on the treatment of public bidding during the sale of state property provides that the purchase contract is submitted no later than 15 days from the date of certification, actually signing, we believe that the content of the contract for the Queen’s beach deserves immediate attention of the prosecution, both because individuals involved and its formation, as well as in relation to the content of the contract itself.
MANS has already informed the public of some of the illegal concessions that the Government prepared to a future buyer, however, there are additional benefits about which citizens still are not informed. In fact, the Government of Montenegro has the obligation to guarantee the the buyer a “clean” certificate of real estate, with all charges removed and deleted without possibility of appeal. The right to appeal is a legal term defined by the Montenegrin legislation and there is no contract that can deprive the citizens of that right.
Particularly problematic issue still is arranging access to part of the Montenegrin coast, which is in the grip of parcels that are the subject of the contract. Namely, by the Law on Marine Resources, the coast and beaches are defined as a public good to which access can not be limited, while in cases when that part of the coast is rented, the tenant is obligated to allow, on the part of the coast under the lease, unrestricted and free access to citizens. Contrary to the Law on Marine Resources, and the Montenegrin Constitution, which guarantees freedom of movement, the Government enable a future buyer to restrict access on the part of the coast, and that on its sole discretion issues regulations and rules that define how the Montenegrin coast can be used, and who can have an access to it.
In addition, if someone in front of the Montenegrin courts attempt to protect own right to move freely and have access to the beaches and that part of the coast, by the contract is defined that the Government will take the side of the buyer and in litigation will defend the rights of the buyer. This clause definitely as a precedent, not only in Montenegro,and is almost unbelievable that the Government agrees to defend in litigation private interest over the public interest of its citizens. This definitely derogates the role of the Government as the sovereign representative of the public interest.
Furthermore, in the case that the buyer of land loses court case, the Government has committed itself that will pay damages in the amount of 5 million euros, of course again from the budget, or our money.
MANS is particularly concerned because of the fact that the consent to such a contract is given by the persons against whom the Montenegrin prosecutor’s office have investigative procedures for suspected corruption and abuse of the office power. In fact, the approval for the contract gave the former president of the Municipality of Bar, Zarko Pavicevic and current president of the Municipality Budva, Lazar Radjenovic, while on behalf of the Government of Montenegro authority to sign a contract received Branimir Gvozdenovic, Minister of Sustainable Development and Tourism.
Zarko Pavicevic is the individual against whom the Montenegrin prosecutor’s office has investigation since 2011 on suspicion of grave abuse of the office power, and among other things, the sale of public assets, but also public procurement, planning and spatial development and construction of buildings. His party colleague, Lazar Radjenovic is currently on trial at the Montenegrin courts because of the suspicion that to the known buyers settled sale of municipal land. As for Branimir Gvozdenovic, his signature on the contract for AP already cost citizens of Montenegro hundreds of millions of euros, and about the quality of that staff is not necessary to argue further.
It is interesting that the legal adviser of the tender commission, which negotiated with the buyer and accepted the offer, is the law firm of Zorica Djukanovic which has quite a diverse list of clients that representec so far. In fact, Zorica Djukanovic has, until now, represented the interests of the Prime minister’s brother Aco Djukanovic, and family of Dragan Dudic- Fritz and Jovica Loncar, that are associated with drug clan of Darko Saric. In addition, Djukanovic was also the legal representative of the company that from Stanko Subotic – Cane took the company Sun Investment and management of valuable land on the island of Saint Marko in Budva.
Bearing in mind all the above, but also who gave consent for its approval, MANS is concerned that this contract represents just addition to typical jobs which for years have been done on the Montenegrin coast to the detriment of the public interest.
So once again we invite Ivica Stankovic to give a special attention to this document because now, unlike many previous cases, there is a real chance to act as prevention on a possible case of corruption, and thus prevent the multi-million damages on the Montenegrin budget.
Dejan Milovac
Deputy of Executive Director
