PRISTINA, 26.12.2018 – The use of offensive language, blackmail, threats, dishonour and physical violence against journalists affect freedom of expression. Free expression continues to be endangered in Kosovo and almost throughout the Western Balkans. In our country, journalists continue to be shot by verbal attacks by senior public officials who try to fade or hide the truths.
However, despite the threats and offenses, the work of journalists does not stop, even that only pushes them to work harder. The same people think that the publication of offenses increases the pressure on those who offend and consciously not make the same actions.
Verbal objections to journalists and their reactions
Bujar Vitija, journalist in ‘Shneta’ has been threatened and offended by University Clinical Center of Kosovo staff. Zenel Kuqi, Procurement Officer at UCCK has offended and threatened because of an article published in the newspaper while Isber Ademaj, a child surgeon at UCCK, insulted Vitija after having called for a death baby case.
Vitija thinks insults are being made to repel or frighten journalists.
“Offenses against a journalist are not something new and I believe that each of us is confronted on many occasions. But it’s not that I’m offended to keep in mind whence the insults came to me. I have reported two cases at Kosovo Journalists Association, while the first one was in the Police because there was a threat. I hesitate to file charges against these offenses due to court proceedings ” said Vitija.
Further, he has called on journalist colleagues to be more cooperative in these cases and to publish the news when one of them is offered in order to increase the pressure on many of these people or institutions.
The threat followed by insults by the mayor of Mitrovica, Agim Bahtiri has pushed the journalist of ‘Metro’, Shkumbin Kajtazi to denounce him to the police.
“The threat to me would be common knowledge of the nature of our work if he did not come from a mayor. Knowing that the public duty threatening has more responsibility, I have dealt with it more seriously. For this, this threat of scolding has pushed me to report it to the police. The police took the case and went to interview Mayor Agim Bahtiri. The police have filed criminal charges, while the prosecution is still investigating and I do not have any announcement as to whether the filing of an indictment is near, “he said.
Kajtazi has clarified the circumstances of how the event happened that has affected his sister unjustly leaving the workplace.
“An ordinary working day, I published an article for an employee as chief of cabinet. This information was confirmed by some people within the cabinet and close people of the mayor. Bahtiri, about half an hour after the article, calls me in the phone and begins to insult in the threatening context. His language, apart from offensive, by the police was considered a threat. To put it right, this threat and insult did not bother me at all. However, concern began when with Bahtiri’s influence he was unjustly fired my sister from her workplace, just because I was her brother. On this occasion, how to confirm that it was done for revenge, the Inspectorate has turned into her workplace, “said Kajtazi.
He added that he did not expect much of this case, but stressed that he would also seek public apology from Agim Bahtiri for threatening and abusing him and his sister before the court.
‘Express’ journalist Kaltrina Zymberi last year was offended by Prime Minister Ramush Haradinaj. During a media conference, Zymberi asked Haradinaj for declaring the United States of America that they would not support any other demarcation agreement, except what was signed in 2015. After that, the prime minister has suggested to journalists ‘go to school and read more, because you are not understanding things correctly. ‘
She says the statement community was offended by the journalists’ community.
“Personally I did not feel insulted but as a community yes. The Prime Minister is not the media editor-in-chief to tell us what and what not to ask. Moreover, there is no bad question but a bad answer yes, “Zymberi said.
According to her, no lawsuit should be filed for insult, but the cabinet of officials should advise more and not protect the bosses as in the abovementioned case.
“The prime minister’s apology has been imminent but also was a bit ignorant. Well, this approach has changed with time and today we have the prime minister if I can say the most accessible of all time, “she concluded.
‘You are UDBA (The secret service of Yugoslavia)’, was the offense of former deputy Fatmir Shurdhaj to the Insider’s journalist Besian Beha.
Beha was offended after asking Shurdhaj for the affair in the case of ‘Pronto’.
“There are often cases when public officials behave badly and use derogatory and offensive words. Personally, I was once more insulted by a former deputy minister and former deputy Fatmir Shurdhaj, who is accused in the Pronto case. I tried to contact him and ask him for the expectation from this case before the first trial session. He did not refuse to answer but said to me, “You are UDBA”. Despite attempts to clarify what I was asking him for the case that he have been accused, he continued with the words “I know who asked you to call me”.
The right to file a lawsuit
Lawyer, Arianit Koci, says that freedom of expression can not have absolute status, the same as other rights and freedoms. According to him, it is disturbing when it comes from public authorities as rights and freedoms are solely confined to power.
“Despite the challenges of a different nature, I believe that there is a standard of freedom of expression in Kosovo, which should be advanced and promoted. This requires comprehensive maintenance. Therefore this issue is dynamic and should not be seen as a mathematical achievement. So it requires institutional and non-institutional engagement, “said Koci.
The lawyer states that since 2008, defamations and insults are treated as civil offenses, which were previously treated in legal terms as criminal offenses whose prosecution was carried out with the proposal of the injured party.
“As stated in advance, for actions that consist in defamation and insults, they are not considered criminal offenses, but civil offenses against which can be determined by decision of the competent court the wealth sanction. So the court according to the lawsuit of the party which considers that it is libelous to it and that it is slandered as a result of declarations of public character, the party may seek compensation in the name of moral damage.”
Koci adds that legislation enable every individual to protect his / her personal integrity through the right to a legal remedy, such as a civil lawsuit against defamation or insult.
Rrahman Paçarizi, a university professor and vice president of the Press Council, thinks reports between institution officials and journalists are always complex. According to him, what can be considered an offensive language against journalists occurs most of the cases without the blame of journalists.
“We are witnessing that the insults of state leaders against journalists, in situations where the prime minister or the president are embarrassed and instead of the response they have been offended by journalists. I think Kosovo politicians are bravery for such actions, following the example of Albania’s Prime Minister Edi Rama, who was applauded by kosovans journalists when he brought unprecedented arrogance to a group of Kosovo journalists” Paçarizi said.
He stressed that such access to journalists is also offensive to the public.
“I believe that journalists cannot accept this standard of communication and should make this clear to politicians by boycotting demonstratively in cases when they try to behave that way. Such access to journalists is, in fact, offensive to the public, and the courage of journalists to punish them will be followed by a retribution or public awareness of it. ”
Offenses against journalists making fuss
About two years ago the then prime minister, Isa Mustafa, reacted to the article “Brother of Prime Minister Mustafa Asylum Seeking in France and Germany” written by journalist Vehbi Kajtazi calling him “son of the bi***” because he said the journalist was dealing with his brother is in poor health.
Another case is the offense of Hysen Durmishi, member of the ‘Vetevendosje’ Movement. Durmishi in 2016 through a Facebook post, stated that ‘journalists should be dragged’. The same one day later repented and said that the post had been written by nervousness.
“Waste Journalist” has called journalists Donika Gashi, member of ‘Vetevendosje’. Her reaction came after the ‘Insajder’ Newspaper report about the insults she directed to the LGBTI community.
Officials against journalists do not leave the current prime minister, Ramush Haradinaj. He during a media conference suggested to reporters to “go to school and read more, as they are not understanding things.”
The latest is the clash of journalist Adriatik Kelmendi with President Hashim Thaci. Thaci called him liar and libel reporter.
Author: Valmira Vranoci
This article is a production of the Association of Journalists of Kosovo under the project “Western Balkan’s Regional Platform for Advocating Media Freedom and Journalists Safety”, funded by the European Union. The content of this publication can in no circumstances be regarded as reflecting the position of the European Union.