Members of the Western Balkan’s Regional Platform for advocating media freedom and journalists’ safety regularly collate data about levels of media freedoms and journalists’ safety. Based on those data, members have produced a list of country specific trends, which paint a picture of the overall trends in the Western Balkans. That overview includes the following conclusions:
- Despite serious attacks on journalists in BH, MNE and RS in recent years (Kovacevic, Lakic, Milanovic) the number of physical assaults on journalists is in decline compared to 2015 (2015: 25, 2018: 17, 2019: 14 on 06.09.2019)
- Some countries recorded a significant increase of death threats and other threats via social media and the internet (BH, SR). Private dissatisfaction of citizens is expressed through threats, while physical attacks are mostly being ordered by someone in position of power (on-going trial of the Serbian ruling party official who, based on admissions of perpetrators, ordered arson attack on Milanovic house in 2018).
- New forms of intimidation were recorded in SR, BH and NM: violation of labour rights, significant increase in public verbal attacks, smearing, labeling, insults of journalists and media by the state officials. Intimidation though administrative and arbitrary judicial harassment has risen.
- Hate speech is used when threatening journalists, but countries have difficulties in defining it legally, meaning that threats remain unsanctioned while their effects are long lasting.
- Victims are, by the rule of thumb, journalists who are critical of government, who investigate state corruption and organised crime regardless of their gender (though women journalists suffer additional gender based hate speech and threats)
Authorities’ reactions
- Murders of journalists and assassination attempts still remain unsolved, some for more than two decades (SR, MNE).
- Mechanisms that facilitate better communication between journalists’ associations and authorities are in place in most countries, but have so far yielded little results: serious incidents of physical attacks and intimidation of journalists remain unsolved. In RS, MNE and BH the state does not record all incidents of intimidation of journalists as such – as a result, the number of actual incidents is decreased in public reporting.
- As a result of continuous pressure public officials condemn attacks on journalists publicly more frequently. However, it is often done selectively and with a ‘but’ that leads to relativisation of violence against journalists (SR).
- Some public institutions recognise the importance of treating attacks on journalists as criminal offence. However, such incidents are marginalised by the public prosecutors: a) they continue to classify such incidents as misdemeanor not criminal acts and b) they reject to raise charges against perpetrators
- When investigations do take place, they are very slow: majority of cases linger in the investigation phase – in some countries for more than 20 years (RS, MNE).
- In some countries the police is efficient in investigations and provide relevant data, prosecutors’ office fails to act upon them and press charges. This practice feeds shifting responsibility game present in most countries whereas the prosecutors claim the police is lagging, and vice versa.
- Indictments are rare and often have no desired deterring effect: if and when found guilty, the perpetrators face sanctions such are safety measures, lenient punishments and suspended sentences or verdicts based on the principle of opportunity.
- Masterminds of attacks are almost never identified.
Consequences
Lack of adequate reaction by the state authorities when incidents are reported leads to more serious offences: unsanctioned threats via social media end in continuation of intimidation of journalists, more serious threats, physical assaults, arson, etc. This is why, without prompt reactions and equal, timely and consistent treatment of incidents against journalists at their early stages the position of journalists critical of the state and media working in public interest remain under threat.
COUNTRY SPECIFIC DATA
BOSNIA AND HERZEGOVINA
Association of BH Journalists (BHJA) data by September 2019 indicate an increase in the number of attacks against journalists compared to previous period: in 2018 BHJA registered 23 incidents, and so far in 2019 – 17. Impunity remains one of the biggest worries – only 27-30 % of reported crimes are solved in favour of journalists. Out of 16 initiated investigations in 2019 none made it to indictment phase or court procedure. BHJA assess that the main reason for that is slow and ineffective procedures within the police and judicial institutions in resolving these cases. In certain number of cases the perpetrators are not identified yet.
There were two court decisions made in favour of journalists and these are about the attacks that happened in 2018 (Kovacevic and attack on Al Jazeera and Klix.ba crew).
Two prominent cases of attacks on media crew while reporting from 2019 are still being investigated – an attack by a Serbian Democratic Action (SDA) member Huso Cesir on photo-journalist Adi Kebo and attack on cameraman of Tuzla Canton RTV Ademir Mesanovic.
The case of Martina Mlinarevic – In August 2019 Martina Mlinarevic, journalist and a writer, had been exposed to days of brutal violence and threats through social networks after announcing that the promotion of her novel Huzur was unexpectedly cancelled from the cultural festival in West Herzegovina, seemingly, due to pressures from sponsors and persons close to the ruling structures in Herzegovina. Having analysed the case, BHJA concluded that the threats are related to an attempt to prevent Mlinarevic from writing critically about political and religious leaders of Croats in BiH, and other politicians who hold public offices contrary to the democratic values and interests of the citizens of BH. The police Cyber-crime unite reacted and investigation is under way.
Update on the case of Vladimir Kovacevic – BNTV journalist Vladimir Kovacevic, was brutally beaten with batons in August 2018 while returning home from work. One of Kovacevic’s attackers, Marko Colic, was sentenced in July 2019 to four years in prison for attempted murder. Although one of the attackers was convicted, the other who fled to Slovenia has not been prosecuted. Republika Srpska police did not request his extradition to BH. It should also be emphasized that the identities of those who ordered of this attack and their motives remain unknown.
KOSOVO
Association of Journalists of Kosovo (AJK) also notes increase in threats via social media – out of 11 cases 6 was done via social media, and three were direct interference in the work of journalists. Additional worry is that in 3 cases political parties or their members were involved. Data AJK gathers indicate that journalists in Kosovo continue to be a community that faces frequent obstacles in the performance of their duties.
One of the main problems that make improving the security of journalists more difficult is the slow work of state authorities, in particular, the prosecution and courts. Litigation takes years and not only for cases involving journalists. Because of the time gap, eventual verdict loses its effect. Unlike other institutions, the Kosovo Police within its competence attaches the utmost importance to the safety of journalists. This has also been proven in communication with stakeholders such as AJK, for data provision.
REPUBLIC OF NORTH MACEDONIA
In the reporting period the Association of Journalists of Macedonia (AJM) recorded three attacks on journalists, one was a physical attack on a female journalist and the two others were verbal attacks with threats to the life. In comparison to previous period there are a lesser number of attacks since the beginning of 2019, but the issue of high impunity remains and this is especially present in the judiciary. None of the attackers in these three cases has been punished in 2019.
Case of TV21 team – On 18.04.2019 TV21 team was recording complaints of Aracinovo citizens of this municipality over the poor infrastructure, when relatives of Mayor Halimi started verbally assaulting them saying they would destroy their camera and demanded that the recordings be deleted. After journalists refused to do so, they were forced to enter the municipal building of Aracinovo and were subjected to more threats. They refused to delete the recorded material for a second time, and the incident continued in the editorial board of TV21 where the same individuals threatened the editor-in-chief. At the same time, police officers arrived, after which the individuals left the television station, and the journalists gave statements at a police station. For unknown reasons journalists refused to sign their statements. However, based on AJM assessment their refusal to do so is rooted in fear of potential consequences and high degree of impunity in NM. The incident was recorded and shown in the public and the verbal threats were obvious. Even the mayor of Arachinovo condemned the attack after AJM/WBP reactions. However, this was not enough for the police and the Public Prosecution to decide to initiate a proceeding.
MONTENEGRO
Trade Union of Media of Montenegro (TUMM) can report a positive shift – compared to 2018 – there has not been serious attack until September of 2019. TUMM recorded to cases of intimidation: one included threats to journalists and the perpetrator was sanctioned financially, while the second encompassed threats via social media. The identity of the perpetrator was immediately established and the further investigation is under ways.
It is worrying that none of the earlier cases have been resolved. There have been some efforts by the Police Directorate to resolve the attempted murder of journalist Oliver Lakic (May 2018), but it remains unclear what was done in the case. Specifically, police first reported that they had arrested 9 people involved and several other more drastic cases (such as the murder of one citizen) and that the case was resolved. However, later police officials made contradictory statements about the arrest and denied each other. TUMM assessment is that it is impossible to say with certainty whether the detainees are connected with the shooting of Lakic and whether the executor is among them.
SERBIA
Independent Journalists’ Association of Serbia (IJAS) recorded 9 physical assaults and 20 verbal threats and intimidation, 14 via social media by September 2019. Victims are mostly journalists who report in public interest and respect the professional standards. A special worry is that state officials publicly label, insult and humiliate journalists and media workers which often followed by the increase in threats. The Standing Working group established to raise journalists’ safety levels continues to work. Some cases get solved quickly, but the essential problem remains – large number of unsolved attacks. Many cases are stuck in the pre-investigative proceedings at the Prosecutor Office. Another worry is that most sanctions are safety measures, lenient punishments and suspended sentences or are based on principle of opportunity and have little or no deterring effect.
Attacks on N1 – IJAS reports details of verbal threats to TVN1 from 04.02.2019 – N1 journalists received a threatening letter, seemingly related to their reporting from Belgrade protests. The perpetrator threatened to blow up the N1 building harm journalists’ families, stating that their “faith is in our hands”. After a fierce condemnation of the act, the police arrested a perpetrator that made a plea bargain and was sentenced to 8 months of imprisonment and security measures of compulsory psychiatric treatment and confinement in a medical institution. Also, reporter of TV N1 from Pristina Zana Cimili received death threats, and the Special Prosecution Office for High Tech Crime of the Republic of Serbia filed the indictment against a Serbian national who was charged him with inciting racial, religious and ethnic hatred and intolerance and demanding a sentence of four years.
Update on arson attack on Milan Jovanovic – On 12.12.2018 the house of Milan Jovanovic, journalist of Zig Info, was set on fire with Jovanovic and his wife in it. Within a week a plea agreement with one suspect in aiding the arson was made and a sentence of six months in prison and a fee of around 420 EUR imposed. Dragoljub Simonovic, the mayor of Grocka and a Serbian Progressive Party member, was charged with “causing general danger by incitement” and placed in detention for 30 days. Simonovic, of whom Jovanovic often wrote critically, is currently on trial for arson with 3 other persons. Simonovic resigned from his position as a Mayor and from positions he held in the Serbian Progressive Party and has, since the arson attack, sued Jovanovic’s media Zig Info 12 times because of the articles published in previous years. IJAS views is that the guilty pleas for accomplice sends a message of impunity for attacks on journalists, and express worry that one of the most extreme attacks on the journalistic profession in the last decade will be stalled for a long time and that Simonovic will eventually ordered a house detention.
Update on cases of murdered journalists – In case of murder of journalist Slavko Curuvija (1999), court made a first instance verdict sentencing four accused members of the former State Security. The second instance verdict is pending. The political background of the murder remains unknown. Cases of Radislava Dada Vujasinovic (1994) and Milan Pantic (2001) are still at a pre-investigative stage.