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Commission: Authorities to respond effectively to inquiries in cases of attacks on journalists

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PODGORICA, 29.10.2021 – The competent prosecutor’s offices did not submit to the Commission for Monitoring Investigations of Attacks on Journalists the requested information from the investigations of two attacks on Tufik Softić (2007 and 2013) on whether any action has been taken since October 2019 by prosecutors.

This is written in the latest report on the work of the Commission for monitoring the actions of the competent authorities in investigating cases of threats and violence against journalists, murders of journalists and attacks on media property for the period from June 4 to October 4 this year.

During that period, the Commission processed nine cases of attacks on journalists to the detriment of seven journalists. Of those, five attacks occurred this year, and four in the earlier period.

The Commission concluded that in the case of the 2018 attack on Olivera Lakic, the Higher State Prosecutor’s Office and the Special State Prosecutor’s (SDT) Office did not submit “complete/no documentation” to the Commission at the time when the case was under their jurisdiction, and that the SDT from 23 December last year did not interrogate the injured party Lakic, nor did enable her to participate in the case as the injured party”, it is written in the conclusions.

The Commission recommended that the Supreme State Prosecutor’s Office issue a binding instruction to the SDT to submit case files to the Commission without delay in both cases, so that it can perform tasks within its competence, and to request detailed information from the Special and Higher State Prosecutor’s Office in Podgorica regarding the attack on Lakić from 2018, and informs the Commission about it, because this investigation lasts more than 30 months, bearing in mind that the police and the prosecution on February 19, 2019, claimed that the case was clarified.

The commission concluded that, according to the available documentation, the police did not appreciate whether Vladimir Vukovic, an actor in the case of the attack on Nebojsa Sofranac, committed a violation, nor was there an investigation into who made threats from profiles on social networks. The commission recommended that the police prosecute the suspects ex officio, regardless of the fact that Sofranac stated that he did not want to prosecute them.

The commission concluded that in the case of the attack on Sead Sadikovic, from March this year, it is not clear why the police filed criminal charges against only two participants in the incident when witnesses claim that there were more attackers, and that the prosecutor did not investigate why on surveillance footage nine key seconds are missing, ie “whether any of the persons who have access to the video surveillance system have the possible intention of deleting or modifying parts of the video”, which was suggested by the police.

“The commission recommended that the DVR on which the disputed recording is located be sent to the Forensic Center for expertise, in order to determine that, as well as for the Supreme State Prosecutor’s Office to supervise the work of the state prosecutor’s office in this case and determine whether the prosecutor’s office takes all measures and actions in accordance with the law and inform the Commission thereof “, the report states.

The commission concluded that the submitted documentation on the case of the attack on Esad Kocan did not show whether the veracity of the accused’s testimony regarding the motive for coming to the location where he met Kocan was checked, as well as whether he had been seen there before.

“Based on the available documentation, the Commission concluded that in two processed cases (attack on Jelena Jovanovic, March 14, 2021 and attack on Slavica Kruscic Vasovic, June 18, 2021), the police and the competent prosecutor’s office took all measures and actions within their competence, while in other cases, there are possible omissions by the police and the prosecutor’s office, as well as room for their more agile action in order to resolve cases comprehensively and process all those responsible, including possible perpetrators, “the report cites.

At the same time, the impression of the Commission is that the police acted relatively more successfully within their competence in the processed cases, than it is the case with some competent prosecutor’s offices, the report adds.

The Commission also stated that the police responded to their inquiries and requests for documentation more promptly and completely in relation to the competent prosecutor’s offices and the National Security Agency, which submitted a certain part of the answers to the Commission after several months.

The Special State Prosecutor’s Office refused to submit documentation on one case to the Commission, citing the fact that the Commission “is not a party to the criminal proceedings within the meaning of Art. 203 of the Criminal Procedure Code ”, the report states.

The Commission recommended to the competent state authorities to efficiently submit the answers requested by the Commission.

The trial on Djukanovic’s lawsuit begun: He sued “Vijesti” for 50,000 euros

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PODGORICA, 28.10.2021 – The preparatory hearing on the lawsuit of President Milo Djukanovic against businessman Dusko Knezevic and the daily “Vijesti” ended today in the Basic Court in Podgorica, while the beginning of the main hearing is scheduled for December 13.

In 2019, Djukanovic sued Knezevic and “Vijesti” for publishing an interview, in which the businessman accused the president of the state and the Democratic Party of Socialists (DPS) of illegally receiving money. This was preceded by the publication of a secretly recorded video in which Knezevic allegedly handed over 97,500 euros in an envelope to a high-ranking DPS official, Milutin Simovic.

In the lawsuit, Djukanovic demanded 50,000 euros from both defendants for violation of honor and reputation.

While Knezevic’s representatives stated that the only goal of the procedure against their client was to intimidate him, the president’s representatives stated that the civil procedure was “the usual procedure for the protection of personal rights”.

“In the lawsuit and in the submission, we have clearly pointed out the case-law of the European Court of Human Rights, which warns that there must be a clear factual basis for accusations, even from the highest state officials,” the defendant states.

Lawyers of Knezevic also announced his hearing, to which the prosecutor asked how the hearing would be held, because he was inaccessible to the authorities.

The representative of “Vijesti” proposed the expertise of experts who will determine whether the journalist influenced the interlocutor in any way during the interview on what he will announce.

The research of the Trade Union of Media of Montenegro showed that from 2011, when defamation was decriminalized, until 2021, as many as 210 cases were initiated against journalists and the media due to violation of the honour and reputation. The total amount requested is more than three million euros, and Djukanovic’s lawsuit is among the largest.

EC report: Journalists are increasingly attacked and exposed to self-censorship, the media are financially unsustainable and MRT has the lowest budget in 10 years

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The general context remains favourable to media freedom and allows for critical media reporting despite the serious findings that are part of this report. The crisis caused by Covid-19, where the tension in the sector increased, had a special impact on the work of journalists. Attacks on journalists have increased, while the promised zero tolerance has not been achieved as the level of impunity has remained high. The promised reforms in MRT and the Media Agency remained unfulfilled for another year. Another conclusion is that it is necessary to continue the efforts to accept self-regulation in the media that would be followed by concrete results and that would maintain the professional standards of journalism, as well as to ensure greater transparency in terms of media advertising by state institutions and political parties.

MRT with the smallest budget and expired mandate of advisors as is the case in the Media Agency

Financial independence as well as the merit system for the management selection in this medium are two basic preconditions for the independence of the public service.

The report says the authorities, for their part, need to intensify efforts to reform MRT, ensuring its independence and financial sustainability. The budget of MRT is 13.1 million euros as noted in the Report and it is the lowest budget in the last ten years that this medium has. The Public Broadcasting Service has adopted a five-year development strategy, but the reform process has been aggravated by delays in appointing new members of its Program Council and the Council of the Agency for Audio and Audio-Visual Media Services.

The small market and socio-economic insecurity of media workers remains a serious problem

Additional economic problems were caused by the crisis with Covid – 19. The report emphasizes that the media were included in the aid package, but the labour rights of journalists still remain a serious challenge. Media financial sustainability and available funding continue to raise concerns about media integrity and independence. Additional measures are needed to support professional and investigative journalism. According to a survey conducted by the Independent Trade Union of Journalists and Media Workers, which showed that 23% of media workers do not have health and social insurance, 19% said that media management does not allow workers to form a union. Low incomes, as well as employers’ disregard for labour law, are common and ongoing challenges for journalists. Due to poor working conditions, journalists and media workers are exposed to self-censorship.

In the section on recommendations, it is noted that those adopted during 2020 remain valid, but it is emphasized that next year, the country needs to revise the legal framework in the field of media in line with EU law and European standards, as well as to finalize the composition of the Program Council of MRT and the Council of the Media Agency. As a reminder, the mandates of the members in both bodies have expired and the Assembly did not start the procedure for election of new members, although on two occasions there was a call for interested candidates to apply.

Threats and violence against journalists increase and zero tolerance resulted in double-digit number of more serious incidents

In this part it is necessary to implement a zero-tolerance approach regarding intimidation, threats and acts of violence against journalists in the exercise of their profession and to ensure that the perpetrators are brought to justice. Cases of physical and verbal violence and threats against journalists and media workers have increased, while their working conditions, especially workers’ and social rights, remain difficult.

The report also specified statistics on attacks on journalists. In 2020, 10 cases of intimidation of journalists were registered in the Ministry of Interior, while AJM registered 2 physical attacks and 12 different forms of verbal threats to life and other intimidation. At the beginning of 2021, one physical attack and one death threat were also registered. It is recommended that law enforcement agencies and the Public Prosecutor’s Office monitor incidents with journalists, but better coordination is needed between the various institutions to act more quickly on reported violations and prevent impunity for perpetrators. Draft amendments to the Criminal Code are proposed, in order to strengthen the protection of journalists and other media workers by placing them in the group of professions that will receive additional protection when exposed to attacks and threats due to the nature of their work. This recommendation is partially fulfilled because the amendments to this law have not yet been voted on in the Assembly of NM.

It also goes on to say that the Association of Journalists as well as international media organizations have seen an increase in threats against journalists by politicians and public officials, as well as online harassment and verbal attacks, including attacks on social networks.

The paid political program remains a problem

The report also addresses the issue of paid political programming, saying “the possibility of political parties using state funding for political advertising in the media remains a concern among media associations about the possible impact on media independence.” Hate speech is illegal both online and offline, but it remains prevalent on the Internet.

Biljana Nasteska – Kalanoska

Dragan Sekulovski

Association of Journalists of Macedonia, October 25, 2021, Skopje

photo: mia.mk

AJK, UNKT and AAB mark UN Day

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The Association of Journalists of Kosovo – AJK, in cooperation with the United Nations in Kosovo and AAB College, today through a roundtable marked the United Nations Day.

The discussion on fake news and fact-checking during the pandemic in Kosovo took place with the Mass Communication students of AAB College. The panel was hosted by the President of AJK, Xhemajl Rexha, while the panelists were journalists Jehona Zhitia, Bujar Vitija, Arbreshë Uka, Gentiana Hasani and Anđelka Ćup.

The students present were closely acquainted with the difficulties in reporting in pandemic times, as well as the challenges of journalists in combating fake news and disinformation.

UN Day marks the anniversary of the entry into force in 1945 of the UN Charter. With the ratification of this founding document by the majority of its signatories, including the five permanent members of the Security Council, the United Nations officially came into being.

We thank all the agencies of the UN Kosovo Team, especially those who this time supported the cooperation for marking the UN Day and the Journalists’ Award for the Eradication of Poverty: Office of the UN Development Coordinator – UNDCO , United Nations High Commissioner for Refugees – UNHCR, UN Operations – UNOPS, United Nations Development Program – UNDP, UN Sexual Health and Reproduction Agency- UNFPA and the Agency for Gender Equality and Women’s Empowerment – UN Women.

Four month probation for death threats

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PODGORICA, 25.10.2021 – Citizen of Bosnia and Herzegovina S. M., who threatened BiH columnist Dragan Bursac and director of the Antena M portal Darko Sukovic, was sentenced to four months probation by the Basic Court in Kotor.

A spokesman for the Basic Court in Kotor, Judge Spiro Pavicevic, told to “Pobjeda” that based on the indictment submitted to them by the Basic State Prosecutor’s Office of Kotor against M.S. for the criminal offense of endangering safety to the detriment of the injured Dragan Bursac and Darko Sukovic, that court rendered a verdict 13th of August 2021, that the defendant was found guilty and given a probation sentence.

This means that he is sentenced to four months in prison and at the same time determined that the sentence will not be executed if the defendant does not commit a new crime within two years from the day the verdict becomes final. The verdict has not yet become final.

On June 4, Montenegrin police arrested and filed criminal charges against BiH citizen S. M., 34, who resides in Budva, for threatening Bursac and Sukovic via social media.

Raicevic met with the director of the Police Directorate

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PODGORICA, 22.10.2021. – The editor-in-chief of the IN4S portal, Gojko Raicevic, met with the director of the Police Directorate, Zoran Brdjanin. According to IN4S, Brdjanin pointed out that the safety of journalists and the uninterrupted work of newsrooms will be high on the list of priorities of this institution.

“The police will intensify their work when it comes to attacks on journalists, which will be contributed to by the formation of a special unit in the Police, whose job will be just that,” Brdjanin said.

Raicevic, as it is stated, referred to his own case of obstruction in performing journalistic tasks.

“Every step you make in relation to your predecessors will certainly contribute to the timely and truthful informing of our citizens, which is ultimately the task of responsible media and journalists,” said Raicevic.

EC: Limited progress for freedom of expression in Montenegro

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PODGORICA, 21.10.2021 – The COVID-19 pandemic has further aggravated the already difficult economic situation of journalists and media workers, including job insecurity and low salaries. Journalists are generally economically highly dependent on media owners, regardless of whether private individuals, national or local authorities, which ultimately results in biased reporting and creates risks of self-censorship, political pressure and owners’ interference in editorial policy. 

This is stated in the European Commission’s Progress Report on Montenegro for 2021.

“Montenegro has achieved some level of preparation in the area of freedom of expression. Overall, it made limited progress during the reporting period and only partially addressed last year’s recommendations. There were some new developments on investigation into the 2018 shooting of an investigative journalist, but full and effective judicial follow-up both to this case and to other important old cases, remains to be ensured”, it is stated in the document.

In April 2021, as stated, the government established a new ad hoc commission for monitoring violence against the media, but it has not yet fully or effectively addressed the significant recommendations made by the previous commission.

“A revision of the legal framework is ongoing, to address the additional issues identified in the 2020 law on media and the law on public broadcaster RTCG, to complete it with a new law on audio-visual media, and ensure their full alignment with the EU acquis and European standards. More efforts are required to limit the effects of disinformation and on-line harassment and hate speech, while ensuring that such measures do not limit disproportionately freedom of expression”.

EC states that the Parliament appointed the new RTCG Council in June 2021 without broad cross-party support.

“Following this change and the subsequent changes of RTCG management, the public broadcaster started to feature politically more diverse content. The media scene remains overall highly polarised, often marked by politically biased and unbalanced reporting, including extensive involvement of foreign media from the region, which was particularly notable during election periods. Self-regulatory mechanisms remain weak”, it is stated in the document.

As stated, also there is an uneven application of the journalistic code of ethics across the media community, self-regulatory mechanisms are weak and the frequency of journalists and media filing defamation lawsuits against other journalists is high.

European Commission Report: Serious concern over political pressure and intimidation of journalists in BiH

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Sarajevo, October 20, 2021 – Bosnia and Herzegovina made no progress on addressing the Opinion key priority 12 on guaranteeing freedom of expression and of the media and the protection of journalists by ensuring the appropriate judicial follow-up to cases of threats and violence against journalists and media workers, and ensuring the financial sustainability of the public broadcasting system – it was pointed out in the report of the European Commission for BiH for 2021.

The Report states that the political influence over public broadcasters persists, and their financial sustainability has not been secured. The law on the public broadcasting system remains unimplemented and entity-level legislation is still not harmonised with this Law.

Political pressure, intimidation and harassment towards journalists, including physical and verbal attacks continued during the reporting period, without appropriate institutional follow-up:

– Serious concerns continue to persist over political pressure, intimidation and threats against journalists. High-level politicians have resorted to public attacks and disparaging remarks against journalists, analysts and media workers, particularly women. The authorities continue to downplay the issue and there is no data collection by public institutions on threats and attacks against journalists and media workers.

The Report adds that BH Novinari association recorded 69 cases of violation of journalists’ rights in 2020, up from 56 in 2019. The Ombudsman received 11 complaints, compared to 18 in 2019 and 9 in 2018.

– Authorities are expected to act swiftly and demonstrate zero tolerance for threats or attacks against the media, including by ensuring effective police investigations and judicial prosecution leading to final convictions of perpetrators – says the Report.

It is stated that despite the decriminalisation of defamation since 2002, politicians continue to use civil suits to intimidate journalists. Courts should step up their efforts to ensure an expedient processing of defamation cases and consistency of case law on damage awards, to prevent any chilling effect that would force journalists into self-censorship. The legislation on freedom of access to information and on on hate speech remains fragmented and not in line with international and European standards. The legal provisions on data protection and on access to information are still interpreted in a way that protects private rather than public interests.

The Communications Regulatory Agency (CRA) still lacks full political and financial independence. The procedure to appoint the CRA management needs to be revised to improve its public perception as a neutral and independent body. The former head of the Republika Srpska’s public television, RTRS, was appointed as new CRA director in July 2020; the CRA had sanctioned RTRS multiple times during his mandate for non-respect of editorial standards, including for historical revisionist statements as regards the May 1995 massacre in Tuzla:

– The 2003 law on the public broadcasting system continues to be only partially enforced, and entity laws on broadcasting are still not aligned with it. Therefore, the three public broadcasting services continue to be exposed to political influence, in particular through politically controlled steering boards, with a worrying trend of self-censorship. The country continues not to have an appropriate model for collecting fees, as provided for by the law. The substantial unpaid debts of entity broadcasters towards the state-level broadcaster are subject to lengthy litigation. Such issues continue to pose a threat to the financial independence and sustainability of the public broadcasting system.

The European Commission emphasizes that Bosnia and Herzegovina also needs to proceed with the digital switchover, which is now overdue. With analogue transmission licenses expiring by end 2021, several local private and public stations risks seeing their broadcasts restricted, affecting access to information for the poorest residents in rural areas.

No steps were taken to adopt legislation on media ownership transparency, to ensure transparency and prevent hidden media concentration, nor legislation on advertising or criteria for the distribution of subsidies. The advertising practices of publicly owned enterprises, such as telecom companies, and advertising agencies linked to political parties continue to harm media integrity. Local broadcasters which receive funds from local authorities remain subject to political pressure and influence.

Self-regulation of online media is of limited effect, and online platforms continue to be used to spread hate speech and disinformation. Criminal prosecution is limited to the offence of inciting religious and ethnic hatred through the internet or social networks.

Journalism in Bosnia and Herzegovina remains a precarious profession, with low wages and little job security, further deteriorating even more during the pandemic. Labour rights are hardly respected, unionisation is low, and there are no branch collective agreements for media workers, concludes the Report.

In the coming year, Bosnia and Herzegovina should in particular: ensure the protection of journalists and a systematic institutional follow-up on threats and violence against them; ensure the financial sustainability and political independence of public broadcasters, and harmonise entity legislation with the state-level law on the public broadcasting system; adopt legislation on media ownership transparency and criteria on public advertising.

Sukovic sentenced for 10 months for attacking Kocan

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PODGORICA, 19.10.2021. – Dragutin Sukovic was sentenced to 10 months in prison yesterday for attacking journalist Esad Kocan.

In the Podgorica Basic Court, he was simultaneously banned from approaching the editor-in-chief of the weekly “Monitor” at a distance of fewer than 100 meters, as well as mandatory treatment in a psychiatric institution.

The defendant practically claimed from the arrest that he did not know the injured party, and at the hearing, before the verdict was pronounced, he stated that he “knew him for almost 10 years”.

At the beginning of the trial, Kocan said that he has been living like a hunted beast since the founding of Monitor and that he is deeply convinced that the motive of the attacker is not personal or some current anger, but that he was attacked because of his work.

The journalist was attacked at the end of March in front of the building where he lives after he returned from the usual afternoon walk.