As you know, choosing of the Constitutional Court judges is on the agenda of today Serbian Assemby Session. I have learnt that the President of Serbia, Tomislav Nikolić, has proposed his five candidates and one of them is the Deputy Republic Public Prosecutor Snežana Marković. She is the person who was instructed by the politician to misuse the law and prevent execution of the final executive court decision made by the Commercial Court of Appeal on 31 January 2013 in favour of ATP Vojvodina, and the amount of the money to be paid in accordance with the decison was 17 million Euros with the interest rate. That is why I filed the discipline charges against her and the Prosecutor Djordje Ostojić, but the charges have never been considered. (Attachment no.2)

Within the case Pž 6028/2012, the Commercial Court of Appeal made the final executive court decision in favour of ATP Vojvodina, and the politicians made the following deal in order to minimize the amount of the final executive decison: members of the Supervisory Board of ATP Vojvodina were trying for several days to prevent filing of the demand for the execution (Credit Agricole Bank was doing that in cooperation with the City). After filing of the demand for execution, the City of Novi Sad filed the demand for protection of legality. The only aim of filing the demand was to postpone paying of the debt according to the final executive decision because it was clear in advance that there was no basis for the extraordinary legal remedy. It confirms that the Deputy Republic Public Prosecutor, Snežana Marković, misused the law (Attachment no.1), because it was later rejected by the Supreme Court of Cassation.

A few days after getting the final executive court decision, a new President of the Supreme Court of Cassation-Dragomir Milojević from Kragujevac, was appointed and he is current President of the High Judiciary Court. He is friend of the Deputy Republic Prosecutor, Snežane Marković.

He and the Deputy Republic Prosecutor were even then given the instructions by the politicians how to minimize the final executive decision. After the decision making, the City also filed Revision demand to the Supreme Court of Cassation. The very decison was made by the judge Stojan Jokić. Such a decision has not been met so far in judiciary practice and it has not been made in accordance with the law!

The amount of the damage compensation paid by the City to ATP Vojvodina for the period from 1 March 2007 to 11 April 2011 is around 4 million Euros. As you know, the court proceedings are still in progress because the contract is valid till the year 2021.

Relating the case of ATP Vojvodina, misuse of the demand for protection of legality and this decision, the Anti-corruption Agency was addressing that time Deputy Prime Minister Aleksandar Vučić, Minister of Justice Nikola Selaković and President of the Supreme Court of Cassation Dragomir Milojević. They have never been any reply. (Attachment no.3)

The Deputy Republic Public Prosecutor Snežana Marković, as a reward for her merits in case of ATP Vojvodina after misuse of the demand for protection of legality, has been given about 15 various functions by the politicians. All of them are in the field of judiciary and she monthly earns 50.000 to 100.000 dinars and that can be seen in her CV attached to the documents of the candidates for the judges of the Constitutional Court! COULD SHE DO HER JOB PROPERLY ALONG WITH ALL THESE „ADDITIONAL JOBS“?! AND HOW?! IT IS OBVIOUS THAT SHE WAS GIVEN THE ORDERS BY THE EXECUTIVE AUTHORITIES POLITICIANS!

Even a member of her family is in the procedure of getting the public notary offices in Kragujevac. That is not all. Since last year, she has constantly be visiting the President of Serbia Tomislav Nikolić, demanding to be appointed a judge of the Constitutional Court as a reward for ATP Vojvodina. She obvioulsy has achieved her goal.

It is particularly interesting that she does not have good qualifications necessary for a candidate for the Constitutional Court judges because her only duty so far has been position of the judge in the Basic Court in Kragujevac. She became Deputy Republic Public Prosecutor without competition and after so miserable career she would like to become, due to her political merits, judge of the Constitutional Court where University Professor should sit.

Her CV contains only 15 various „additional jobs“ provided by the Ministry of Justice as reward for ATP Vojvodina. This can be seen in chronology of her CV (Attachment no.4), because she was given all these “additional jobs“ after 14 March 2013.

What about the independent judiciary here!

It is very interesting that her husband Zvonko Marković, current President of the Bar Association in Kragujevac was accused in big corruption affair „Index“ (selling of the exams in Kragujevac).

Although the case of ATP Vojvodina is on the list of 24 compromized privatizations as the only case in which the investor, but not the state of Serbia, is the one suffers the damage, the investigation has been turned to the opposite direction. Ilija Dević was accused on the basis of the expertise done by the expert Mirjana Labović who owns forged university diploma, politicians are putting incredibly strong pressure on judiciary, and the Chapters 23 and 24 have been open?!

ATP Vojvodina is one of the biggest domestic investments. After the final executive court decison made on 31 January 2013, in case the decided amount of money had been paid, the bankruptcy procedure would have been closed, the company would have continued its activities and 500 employees would have got back to work.

In case of ATP Vojvodina, political violence has been executed against judiciary and it is still being executed!

Attachments:

1.Proposal of the Deputy Republic Prosecutor for stopping of the decision execution
2.Discipline charges against Deputy Republic Public Prosecutor Snežana Marković and Djordje Ostojić
3.Letters sent by the Anti-corruption Agency to the Deputy Prime Minister Aleksandar Vučić, Minister of Justice Nikola Selaković and President of the Supreme Court of Cassation Dragomir Milojević.
4.Proposal of the General Secretariat of the President of the Republic of Serbia for appointment of the Constitutional Court judges