Today, the Agency for Prevention of Corruption (APC) made a decision that the former and current Prime Ministers, Milo Đukanović and Dritan Abazović, traveled to Dubai as natural persons, and that paid trips by third parties cannot be considered a gift in terms of the law that defines the conflict of interest.
Dritan Abazović and Milo Đukanović
With this decision, APC actually confirmed the latest findings of the European Commission’s report regarding the integrity and bias in its work, and once again promoted itself as an obstacle to the real fight against the high-level corruption.
Deciding on the initiatives of MANS, APC fully accepted the interpretations of Đukanović and Abazović that they did not go to Dubai on an official occasion, but as natural persons, and that the gift in the form of paid trips was not “in connection with the exercise of public office”.
In addition, in its decision, APC found that Đukanović and Abazović were not obliged to declare the expenses of the trip to Dubai as a gift, because it was not money, securities or precious metal. Taking this position, APC did not refer to the definition of a gift from the Law on Prevention of Corruption, which states that a gift includes “an item, right or service acquired or performed without compensation and any other gain provided to the public official or a person related to the public official in connection with the exercise of public office”.
In addition, APC failed to apply the provision of the Law that prohibits public officials from receiving gifts other than protocol and appropriate gifts (value up to 50 euros), and return tickets to Dubai and accommodation costs are certainly not something that falls under the mentioned categories.
The latest decisions of the APC are unfortunately a continuation of the practice that directly contributes to the European Commission’s assessment of limited progress in the fight against corruption, and reaffirms doubts about its objectivity and impartiality.
It is particularly interesting that these decisions, which we have been waiting for months, and for years in the case of Đukanović, come a day after the publication of the European Commission’s report, which we see as an attempt to recognize in that document the shameful practice we are witnessing.
In its latest report, the European Commission referred to unresolved cases from the previous period, especially when it comes to cases involving high-ranking officials, and their resolving in such manner is certainly not a contribution to the fight against corruption and strengthening the rule of law.
Unfortunately, the actions of the APC are a consequence of the lack of political will to implement serious anti-corruption reforms and create legal frameworks and a strong institution whose actions will not be conditioned by compromises, regardless of who is in power.
Dejan Milovac
Director of the MANS Investigative Centre
MANS
