Other threats to journalists, Vladimir Kovačević, portal Gerila and BNTV, Banja Luka, 15.11.2024.

BHJA •︎ 27/11/2024

Other threats to journalists, Vladimir Kovačević, portal Gerila and BNTV, Banja Luka, 15.11.2024.

Translations: Sarajevo 

  • Case info

  • Personal info

  • Regional center
    Sarajevo
  • Who was attacked?
    Journalist
  • Gender
    Male
  • Victim(s) name
    Vladimir Kovačević

  • Media outlet

  • Name of the media outlet
    Portal Gerila iz Banje Luke i BNTV iz Bijeljine
  • Type of media platform
    Radio
    Online Media
  • Source of information about the incident
    FMHL

  • Incident Data

  • Date of incident
    15.11.2024
  • City
    Banja Luka
  • Perpetrator(s)
    Known (convicted)
  • Attacked by
    Organized groups
  • Means of incidents and attacks
    Through media outlets (broadcast, print, online)
  • Type of incident
    Other threats to journalists
  • Type of threat
    Unfounded judicial and administrative harassment including SLAPP cases

  • Action by the authorities

  • Police action
    n/a
  • Public prosecutor's action
    n/a
  • Court action
    BHJA and FMHL supported the submission of a petition to the European Court of Human Rights in Strasbourg (15.112024.) Since 2018, the BHJA has supported this journalist in conducting court proceedings throughout the BIH judiciary. On July 11, 2024, the Constitutional Court of Bosnia and Herzegovina rejected the appeal of Vladimir Kovačević with the explanation that it is unfair that two media outlets (RTRS and ATV) are liable and pay damages for the same defamatory article that they only reported. Previously, the journalist Kovačević led court cases before the courts of the Republika Srpska, which issued two different verdicts. In the proceedings against RTRS, this media was declared guilty of transmitting defamatory content about Vladimir Kovačevi, while the court's decision in the proceedings against ATV was completely opposite - the court did not find defamation even though the content was identical. BHJA and the FMHL legal team believe that the decision of the Constitutional Court is also unfair and contrary to the practice of the European Court of Human Rights. Also, the proceedings before the Constitutional Court lasted 3 years, which is an unreasonably long period for an institution responsible for the fast and efficient protection of human rights. BHJA also points out that the Constitutional Court did not take into account the context and time when the defamatory content was published - it was a period of very difficult working conditions for journalists and the media in the RS, and the texts themselves were published only a few days after Kovačević was physically attacked, qualifying this incident by the prosecution as "attempted murder".
  • Legal status of the case
    The procedure is in the investigative phase
  • Type of violation
    Other

  • Action taken by the journalists' association

  • Was journalist's association informed by the journalists directly?
    Yes
  • What was the reaction of the journalists' association?
    The association reacted publicly
    The association informed international organizations and institutions
    The association provided legal support

BHJA and the FMHL legal team supported journalist Vladimir Kovačević in submitting a petition to the European Court of Human Rights in Strasbourg to protect his reputation and right to freedom of speech. According to the opinion of the FMHL lawyer team, the decision of the Constitutional Court of BiH from July 2024 is unfair and contrary to the practice of the European Court of Human Rights, and the proceedings before the Constitutional Court itself lasted 3 years, which is an unreasonably long period for an institution responsible for fast and efficient protection human rights.

The application to the European Court is based on the violation of the rights of Vladimir Kovačević and his reputation through the transmission of defamatory articles on the portals of RTRS and Alternative Television (ATV) from Banja Luka, which were originally published on the pages of the Serbian tabloid Informer. In that article, it was stated that the journalist Kovačević is a “mercenary” who writes “as his financiers dictate” and that he participated in the preparation of a coup d’état in Republika Srpska. RTRS and ATV transmitted the disputed article without investigating the allegations of the Informer, that is, without allowing Kovačević to comment on the disputed allegations. Kovačević sued the aforementioned media in domestic courts, won the case against RTRS and lost against ATV, although the cases are identical.

Kovačević filed an appeal to the Constitutional Court of Bosnia and Herzegovina against the decision of the lower courts regarding the lawsuit against ATV, but he lost the case with the Constitutional Court explaining that it is unfair that two media outlets are liable and pay damages for the same defamatory article that they only reported.

BHJA also supported this journalist due to the fact that the slanderous articles were published only a few days after Kovačević suffered a physical attack with serious injuries in Banja Luka, which the judiciary characterized as attempted murder.