(Il)legitimate votes from the Table Tennis Association

The Basic Public Prosecutor's Office (ODT) in Podgorica opened a case regarding the criminal complaint filed against the President of the Table Tennis Federation of Montenegro (STSCG) Eljan O and other responsible persons in that Federation due to the suspicion that they had committed the crime . criminal offense of falsifying an official document.

This was confirmed to “Vijesta” by the Podgorica Prosecutor's Office. As they stated in the response, the Acting Prosecutor has instructed the police officers to collect the necessary reports, and the matter is being investigated.

The Table Tennis Federation did not respond to 'News' questions about the criminal complaint filed against the President and other responsible persons in that Federation.

In the application submitted by the President of the Table Tennis Club “Novi” Ranko Boca, and to which “Vijesti” had access, among others, it is stated that o, together with Slobodan Madarevi, attended the electoral session of the Montenegrin Republic on October 25, as a delegate of the STSCG. of the Olympic Committee (COK), and neither one nor the other was, as is suspected, chosen in accordance with the general decisions of the Association.

In the petition, the applicant explains that according to the STSCG Statute, decisions regarding delegates in national and international organizations of which the Association is a member are taken by the General Assembly, and that this is also the case for decisions on other matters of common interest. , which do not fall under the authority of the Board of Directors, adding that the STSCG Assembly session where STSCG delegates would have been discussed and decided upon at the COK election meeting did not take place.

“In any event, although the matter of electing delegates does not fall within the jurisdiction of the STSCG Board of Directors, we would like to point out, in accordance with the above provision of the Articles of Association, that this matter was not discussed or decided during neither do the meetings of the Board of Directors,” the application states.

The applicant adds that on this basis he is of the opinion that there is a well-founded suspicion that the decision on the election of STSCG delegates for the COK election meeting, “if it has been taken at all, has been falsified”.

“As well as the fact that the act was forged by which the COK may have been informed of the elected delegates of STSCG for the COK election meeting,” the application states.

In arguing that the decision on the election of deputies was not taken by the body exclusively responsible for it, namely the STSCG Assembly, the applicant cites the contents of the email sent on 24 October at 9.59 pm. , i.e. the evening before the COK election meeting, to the delegates of the Assembly STSCG, sent from the official email address of the Table Tennis Federation of Montenegro ([email protected]). A copy of that message was delivered to the editors of “Vijesti”.

“This e-mail asks, among other things, the delegates of the clubs to the Assembly of STSCG to announce the following day at 10 a.m. about: 2) the proposal that Eljan O and Slobodan Madarevi become delegates of STSCG to the Assembly of COK XNUMX) in support of Katarina Bulatovi as President of COK. At the end, the email states that 'the results of your vote will be the subject of the STSCG Extraordinary Meeting, which will be scheduled soon,” Boca stated in the application submitted by the Podgorica ODT, the contents of the email, which was also delivered to STK “Novi” from the Alliance's address.

As he added, it follows from the contents of that message “undoubtedly that the STSCG meeting was never scheduled or held.”

“Therefore, it was not possible to make a valid decision on the election of STSCG delegates to the COK Assembly, and in this specific case the legal conditions for holding an electronic session of the Assembly were not met. The said email is the result of the intention that, following the warning received by the leaders of the alliance, they will somehow try to correct illegalities already committed, acquiring the essential elements of the criminal offense to cover up or 'legitimize',” the filing said.

As it has been added, the Criminal Code provides that a responsible person in a company, institution or other entity who enters false information in an official document, book or file or fails to enter important information or with his signature, shall be punished with a imprisonment. imprisonment from three months to five years. that is, with an official seal he certifies an official document, book or file with false content or which, with his signature or official seal, allows the creation of an official document, book or file with false content. The same penalty, the complaint states, is also threatened for anyone who uses a false official document, book or file in the agency as if it were true.

“Thus, taking into account that the decision on the election of STSCG delegates in domestic and international organizations of which the Association is a member is taken by the Assembly of the Association, which has not happened in concrete terms, we note that every document that has been created, and from the content of which it follows who were elected as representatives for the COK election meeting of October 25, 10 – falsified, which is used as such as true, in which essential elements of the criminal offense of forging an official document from Art. 2024 pcs. 414 in connection with para. 3 and 1 of the CCCG. In accordance with the above, we propose that the ODT in Podgorica take all actions within its jurisdiction, collect all necessary evidence and prosecute those reported for the case. committing the criminal offense of forging a document under Article 2 of the Criminal Code of Montenegro or any other criminal offense for which they are prosecuted ex officio in the application.

During the election meeting on October 25, those present elected the chairman of the COK. The session was attended by 35 of the 36 members of the COK Assembly who have voting rights. With the majority of votes, 23 out of 35 present, Duan Simonovi's mandate was extended for another four years. Simonovi has been chairman of the umbrella sports organization in Montenegro for 21 years.

Administrative Court: The case regarding the election of the STSCG President is still ongoing

eljan o, i.e. his election as president of STSCG, was previously the subject of applications filed by STK “Novi”. From that club they submitted reports to the Special Public Prosecution Service (SDT) and the Administrative Court.

A criminal report was filed with the SDT against those responsible at the Ministry of Sports and Youth – Minister Dragoslav eki, Director General of the Sports Directorate Zoran Joji and independent advisor Perica ukanovi, for suspicion of abuse of official position, negligent work in the service and falsification of official documents.

As stated in the application, among other things, the sports department accepted STSCG's request in July 2023 and registered it as chairman of STSCG and the Board of Directors in the Register of Sports Organizations. In November of the same year, the implementation of that decision was suspended by a new decision of the ministry, and a month later the department revoked both previous decisions.

“Because the Ministry has established in a repeated procedure that the vote for the election of the President of STSCG on July 25, 2023, when Eljan O was elected President of STSCG, did not take place in accordance with positive regulations, that is, the provisions of the Sports Act and the statute of STSCG,” the report states.

The Ministry, as added, then “adopts on its own initiative the fourth decision, which cancels the previous two… dated 5.12.2023/20.11.2023/XNUMX… and the decision dated XNUMX/XNUMX/XNUMX”.

While questioning the actions of those responsible in the sports department, the applicant states, among other things, that the ministry has created a legal vacuum:

“…we have the circumstance that the decision on registration has been annulled and that repetition of the administrative procedure, neither at the request of the public prosecutor nor on the grounds of official duty, is not permitted or ordered,” said the petition, and It is added that if the position of the Ministry is considered correct in the field of sports, it would mean that STSCG has no president, “because the decision on his election cannot be entered into the register, since the decision allowing this has been annulled, while at the same time because of the Due to the legal gap, new elections cannot be held… because such a thing is not possible.

The Administrative Court told “Vijesta” that the administrative dispute over the application of STK “Novi” is ongoing.

The SDT announces that a criminal case has been formed on the basis of the criminal report submitted in mid-February and that an investigation is underway…

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