Podgorica, 11 October 2010 – As previously announced, MANS will today submit additional charges to the Chief State Prosecutor in its lawsuit against the Inspector for the Protection of Space Nataša Brajović (initially filed in late September in relation to the illegal construction being undertaken in the settlement of Perazić Do in the Budva Municipality).
After reviewing our archive relating to the behaviour of the Inspectorate for the Protection of Space, which is responsible for dealing with illegal construction in Montenegro, MANS has decided to provide the Prosecutor with additional information about inspector Nataša Brajović’s actions in relation to a number of other initiatives that MANS had submitted to the Inspectorate.
In late April of this year, MANS filed a submission to initiate inspection control proceedings in relation to the legality of facilities erected by the “Kalamper” company in the area of Mala Volujica in the Bar Municipality. In the response letter that we received from the Inspectorate in early May, signed by inspector Brajović herself, it was confirmed that in the disputed location there were facilities present that were being built on the basis of a local spatial planning study but without a valid building permit.
Instead of proceeding to properly deal with the existing situation and take appropriate measures that are within her jurisdiction, Brajović simply stated that the process of issuing building permits had begun. After examining the records of the Bar Municiplaity, MANS discovered that at the time of the inspection there had been no building permit requests filed by the “Kalamper” company with the municipal authorities. In late-June of this year, MANS therefore initiated proceedings against the owner of the company, Emin Kalamperović.
In late June, MANS also filed a request with the Inspectorate that it undertake an investigation into the legality of another object belonging to the “Kalamper” company that was located in the Veliki Pijesak region of the Bar Municipality. In its response to this initiative, in a letter that was again signed by Nataša Brajović, the Inspectorate argued that it had already resolved the issues concerning the facility in question, that the owners had not received a building permit and that a certificate for its demolition had in fact already been issued. The reply specifies that the demolition was scheduled for late February 2008 but that it had never actually been implemented. In her response, Brajović could not specify whether or not she had undertaken any additional steps in relation to this case and wether or not the case had finally been resolved.
In the additional charges being added to our lawsuit, we also point out that in mid-May we submitted to the Inspectorate for the Protection of Space another request for an investigation into the legality of objects erected by “Adriatic Properties” DOO Budva in the Miločer Park in Sveti Stefan (Budva Municipality). In her response to this request, Brajović again confirmed our suspicions that the investor did not possess the proper permits. Furthermore, she again ensured us that measures would be undertaken in accordance with Article 150 of the Law for Spatial Planning and the Construction of Objects, i.e. another demolition ruling. However, even though this ruling was made by the Inspectorate it was again never implemented. Instead, the object in question was built without any interference.
Similarly, at the end of December 2009, MANS submitted a request to undertake an investigation into the legality of objects being erected by “Longrun Invest” DOO Bar. In Brajović’s response, she argued that the building of both objects was being undertaken in accordance with the specifications of a permit that was issued by the Ministry of Economic Development. At the time of the inspection, the buildings in question were issued a permit that allowed for the construction of two-floors less than the actual building that could be seen at the site in question – a fact that inspector Brajović failed to note in her determination.
With the amendments and additions that were made to the spatial plan in Bar during 2009, the disputed objects were incorporated into the plan. However, the investors did not receive new permits from the Ministry. As a result of suspicions that he had facilitated the legalization of these objects, MANS also filed a lawsuit against the President of Bar Municipality, Žarko Pavićević.
Among the additions made to the lawsuit, MANS has also suggested that in the course of the investigation the relationship between Nataša Brajović and her superiors in the Ministry be examined (above all her relationship with Minister Branimir Gvozdenović). We also suggest that upon the collection of additional information by the Prosecutor, the possibility of spreading the investigation to other responsible individuals in the Inspectorate and in the Ministry of Spatial Planning and Environmental Protection be considered.
Given all of the above, we believe that it is absolutely crucial to individualize responsibility for the incredibly poor performance of the responsible inspectorates in resolving the problem of illegal construction, since any serious struggle against this type of crime is made virtually impossible with such a cadre.
We expect that, even prior to the prosecutor’s decision, Minister Gvozdenović will speak out concerning this type of behavior and clarify whether or not it has been established as a common practice in his Ministry and whether or not he will do something to ensure that the laws and prescriptions relating to urban planning are finally respected and implemented equally for all.
Dejan Milovac
Director of the Urbanism Program
