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Corruption cases with social impact in the Western Balkans and Turkey

The case of Jelena Perović: Hidden income of anti-corruption agency director

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  • Montenegro

The case of Jelena Perović: Hidden income of anti-corruption agency director

Case Date(s)
12/2023
Case Updated
02/2024

Case Summary

Phase

Suspicion

Offence

  • Illicit enrichment

Sector

  • Other service activities

Institution

  • The Agency for Prevention of Corruption (ASK)

Involved people

Allegedly involved people Jelena Perović Former Director of the Agency for Prevention of Corruption (ASK)
Jelena Perović
Politically exposed
Yes
  • Failed to report a change in her property ownership to the Agency for Prevention of Corruption

Vijesti journalists revealed that Jelena Perović, Director of the Agency for Prevention of Corruption (ASK), failed to report the sale and income from an inherited apartment, allegedly violating the Law on Prevention of Corruption. This case raises concerns about the selective enforcement of regulations by the agency responsible for overseeing public officials' compliance with anti-corruption laws.

An investigation by journalists from the Montenegrin daily newspaper Vijesti revealed that the former director of Montenegro's Agency for Prevention of Corruption (ASK), Jelena Perović, hid from the public the sale of an apartment that she inherited as well as the income of €70,000 resulting from the sale. Contrary to her obligations under the Law on Prevention of Corruption, the official data on the anti-corruption agency’s website shows that Perović did not submit a separate report 30 days after she had sold the inherited property in September 2022.

Perović submitted an extraordinary report on 26 August 2021, reporting that she inherited a 43-square-metre apartment in Podgorica, which she sold the following year. According to the anti-corruption agency’s response to the Vijesti inquiry, Perović did not have an obligation to report on changes related to an increase of property above €5,000 following the apartment sale, as in that case, it was not about an increase in property, but its transfer from an immovable to a movable asset.

However, Article 23 of the Law on Prevention of Corruption clearly states an extraordinary report shall be submitted in case of changes in the report referring to an increase in assets of more than €5,000, within 30 days from the date of change. The law also foresees a fine ranging from €500 to €2,000 for those public officials who do not fulfil their legal obligations.

In the past, the Agency for Prevention of Corruption has taken the position that a sale of real estate does not represent a change in the form of assets, and according to the Network for the Affirmation of the NGO Sector, the agency continues to establish a practice of creative interpretation of the law. That is a dangerous practice as it opens a space for selective implementation of regulations, something that is particularly troubling considering that the anti-corruption agency is the designated authority for scrutinising public officials who fail to properly report their incomes and assets. Even more troubling is that this case involves the director of the most important anti-corruption institution in the country, who should demonstrate model behaviour when it comes to integrity.

MANS reported the issue to the APC in March 2024, but without the official response from the institution so far, and Perovic was discharged in August 2024, following her arrest earlier that year.

Further details

JURISDICTION/COURT

Administrative Court of Montenegro

LAWS (ALLEGEDLY) BREACHED

Article 23 of the Law on Prevention of Corruption.

UNCOVERING METHOD

Investigative Centre of the Network for the Affirmation of the NGO Sector (MANS)

SOCIAL HARM ON SDGs

16 Peace, justice and strong institutions

This case involves the director of the most important anti-corruption institution in the country and thus raises concerns about the selective enforcement of regulations by the agency responsible for overseeing public officials' compliance with anti-corruption laws.

Perović’s case is not the first one of this kind; already in 2019 the ASK claimed that the former president of the Supreme Court, Vesna Medenica, did not violate the law when she failed to report selling her land property for €140,000.

However, Perović’s case may send a message to other public officials discouraging them from failing to report changes in their assets, particularly considering that Perović is the director of the key anti-corruption institution in the country and someone who should represent an image of integrity and model behaviour for other public officials.

Disclaimer

Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of 02/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

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