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Regional Platform strongly condemns the police treatment of the journalist Gordan Duhacek

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ZAGREB, 18.09.2019. – The Western Balkan’s Regional Platform for Advocating Media Freedom and Journalists’ Safety, which represents more than 8,000 members, strongly condemns the police treatment of the journalist of Index portal, Gordan Duhacek, who was arrested at the Franjo Tuđman Airport on Monday (Sept 16th), in allegation with two of his posts on Twitter profile.

According to Index portal, Duhacek went to an interview at the police station at Heinzelova Street in Zagreb the day before his arrest (Sept 15th), since he was informed that he is under suspect for two misdemeanors. Despite being interviewed, police arrested him at the airport on Monday and took him to the 7th Police Station in Zagreb, after which he was taken to the Misdemeanor Court in Zagreb. He was charged in relation to two posts on his private Twitter account and released with fine around 100 euros.

One Tweet was posted in summer 2018 and the other a few weeks ago. In the first Tweet, he referred to Zadar’s police treatment, using the controversial acronym “ACAB”, while in the other Tweet he used the song “Vila Velebita” in a satirical manner.

The Regional Platform warns that the police treatment of Duhacek is unacceptable and cannot be interpreted as anything other than intimidation. The Regional Platform supports CJA in its efforts to protect journalists and freedom of speech.

“It is unacceptable that people can be arrested for publishing posts on social networks. The way it happened is not appropriate for a democratic society, especially for a member of the European Union. And in that sense, CJA expects that such things will not happen again”, said CJA president Hrvoje Zovko.

We remind that every attack on a journalist is an attack on the public interest, democracy and human rights. The Platform will inform all European institutions of this incident and request their intervention in the area of media freedom and safety of journalists in the Western Balkans region.

Skopje – Belgrade – Podgorica – Pristina – Sarajevo – Zagreb, 18.09.2019.

 

BH Journalists Association

Trade Union of Media of Montenegro

Croatian Journalists’ Association

Association of Journalists of Kosovo

Association of Journalists of Macedonia

Independent Journalists Association of Serbia

Регионалната платформа остро го осудува полицискиот третман кон новинарот Гордан Духачек

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БЕЛГРАД, 29.08.2019 – Регионалната платформа на Западен Балкан за застапување на слободата на медиумите и безбедноста на новинарите, која застапува повеќе од 8000 членови, остро го осудува третманот на полицијата кон новинарот на порталот Индекс, Гордан Духачек, кој во понеделникот беше уапсен на аеродромот Фрањо Туѓман, поради обвинение поврзано со два негови постови на Твитер.    

Според порталот „Индекс“, Духачек бил на разговор во полициската станица на улицата Хајнцелова во Загреб, еден ден пред неговото апсење (15 септември), бидејќи бил известен дека е осомничен за два прекршоци. И покрај разговорот, полицијата во понеделникот го уапси на аеродромот и го однесе во седмата полициска станица во Загреб, по што беше однесен во Судот за прекршоци во Загреб. Тој беше обвинет во врска со две објави на неговиот приватен профил на Твитер и беше казнет со парична казна од околу 100 евра.

Едниот твит бил објавен кон средината на 2018 година, а другиот пред само неколку недели. Во првиот твит тој се осврнал на полицискиот третман во Задар, користејќи го контроверзниот акроним „АЦАБ“, додека во другиот твит ја искористил песната „Вила Велебита“ на сатиричен начин.

Регионалната платформа предупредува дека полицискиот третман кон Духачек е неприфатлив и не може да се толкува како ништо друго освен заплашување.

Регионалната платформа го поддржува Здружението на новинарите на Хрватска (ХНД) во неговите напори да ги заштити новинарите и слободата на говорот.

“Неприфатливо е луѓето да бидат апсени за објавување на постови на социјалните мрежи. Начинот на кој се случи тоа не е соодветно за едно демократско општество, а особено не за земја членка на Европската унија. И во таа смисла, ХНД очекува дека вакви работи повеќе нема да се случуваат“, рече претседателот на ХНД, Хрвоје Зовко.

Потсетуваме дека секој напад врз новинарите претставува напад врз јавниот интерес, демократијата и човековите права. Платформата ќе ги информира сите европски институции за овој инцидент и ќе побара нивна интервенција во областа на слободата на медиумите и безбедноста на новинарите во регионот на Западен Балкан.

Регионална Платформа за застапување на слободата на медиумите и новинарската безбедност: Скопје – Белград – Подгорица – Приштина – Сараево – Загреб

BH Journalists Association

Trade Union of Media of Montenegro

Croatian Journalists’ Association

Association of Journalists of Kosovo

Association of Journalists of Macedonia

Regionalna platforma snažno osuđuje način na koji je policija tretirala novinara Gordana Duhačeka

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ZAGREB, 18.09.2019. – Regionalna platforma za zagovaranje medijskih sloboda i bezbjednosti novinara, koja zastupa više od 8.000 članova, snažno osuđuje način na koji je policija tretirala novinara portala Index, Gordana Duhačeka, koji je u ponedjeljak (16. septembra) uhapšen na Aerodromu Franjo Tuđman, zbog dva njegova posta na društvenoj mreži Twitter.

Kako navode iz portala Index, Duhaček je otišao na razgovor u policijsku stanicu u Ulici Heinzelova u Zagrebu dan prije nego što je priveden (15. septembra), a nakon što je obavješten da je osumnjičen za dva prekršaja. Uprkos tome što je saslušan, policija ga je uhapsila na aerodromu u ponedjeljak i odvela u Sedmu policijsku stanicu u Zagrebu, nakon čega je odveden u Sud za prekršaje u Zagrebu. Terete ga zbog dvije objave na svom ličnom Twitter nalogu i pušten je uz kaznu od oko 100 eura.

Jedan tvit je objavljen tokom ljeta 2018. godine, a drugi prije nekoliko sedmica. U prvom tvitu je govorio o ponašanju policije u Zadru, koristeći kontroverzni akronim „ACAB“, dok je u drugom tvitu na satiričan način obradio stihove pjesme „Vila Velebita“.

Regionalna platforma upozorava da je način na koji se policija ponašala prema Duhačeku neprihvatljiv i ne može se tumačiti nikako drugačije osim kao zastrašivanje. Regionalna platforma podržava Hrvatsko novinarsko društvo (HND) u njegovim nastojanjima da zaštiti novinare i slobodu govora.

„Neprihvatljivo je da ljudi mogu biti hapšeni zbog objavljivanja postova na društvenim mrežama. Način na koji se to desilo nije prikladan za demokratsko društvo, naročito za članicu Evropske unije. U tom smislu, HND očekuje da se takve stvari u buduće ne dešavaju“, kazao je predsjednik HND-a Hrvoje Zovko.

Podsjećamo da je svaki napad na novinare napad na javni interes, demokratiju i ljudska prava. Platforma će informisati sve institucije Evropske unije o ovom incidentu i tražiti njihovu reakciju.

Udruženje/udruga BH novinari

Sindikat medija Crne Gore

Hrvatsko novinarsko društvo

Udruženje novinara Kosova

Udruženje novinara Makedonije

Nezavisno udruženje novinara Srbije

Jovanovic’s case resolved in operational terms, omissions were made

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PODGORICA, 18.09.2019. – The case of Dusko Jovanovic’s murder has been resolved in operational terms, said Veselin Veljovic Director of Police Directorate, stating that there were omissions.

Veljovic said this at a meeting of the Committee for European Integration, at which a consultative hearing of representatives of state institutions was held on resolving cases of attacks on journalists and media property in Montenegro.

Veljovic said that the police is ready to act with dedication and responsibility in connection with the attacks on journalists.

He believes that significant recognition is what was announced by Minister of Justice Zoran Pazin and that those responsible should be held accountable.

“The ambiguity of the official note was made by police officers involved in the case. It did not exist in the official files, it was done but it did not receive the document form and for some unknown reason it was not misled”, Veljovic said.

He said that the case of Dusko Jovanovic’s murder was solved in operational terms as well as circumstances.

“I respect the efforts made by the authorities for identification. Omissions were made. If we have come to identification of the responsibility, I have no dilemma that they should be held responsible. No one can be evicted from responsibility. It is about anyone, at any level”, Veljovic said.

He said that the issue of responsibility is one of the most important issues in the Police Directorate.

Veljovic said that all foreign experts in Montenegro are welcomed and they are ready to cooperate with them.

“In relation to the cases we are talking about, we are ready to call them and tell them openly what we have done. If they point to certain problems, we are ready to accept it and act responsibly”, Veljovic said.

Affirmation of expression and protection of public word creators is an obligation of the state in all democratic societies, said Mevludin Nuhodzic Minister of the Interior.

“Freedom of expression is a constitutional category. These are justified expectations of citizens and journalists. No one democratic society can be imagined without freedom of expression. By adhering to these principles, the state has endeavored to provide protection and improve the media environment because it is in the interest of society”, Nuhodzic said.

According to him, the current media environment is fraught with challenges.

“The relevant ministries are continuously working to improve the set of media laws. All new solutions will help raise standards and reach EU standards”, Nuhodzic said, adding that the recommendations of the Commission were adopted last year.

“We have cases where the police work preventative. Contact persons for communication with editors have been designated. All of these activities have contributed to security, regardless of the thesis that there is no will to resolve attacks on journalists”, said Nuhodzic.

He stated that it was true that the omissions were recorded. “No one in the state does not negate that if we could not collect our evidence that someone could be charged.”

Nuhodzic said the number of attacks on journalists has been reduced.

“There is no selective approach regardless of political commitment. The determination of the state to protect the media rights and freedoms and to protect journalists within the limits of the normal and the possible is beyond question”, Nuhodzic said.

EU Chief Negotiator Aleksandar Drljevic pointed out that there were no attacks on journalists and their property this year.

“The attitude of state institutions to this important state issue is serious. The institutions are dedicated to improve the journalistic environment. There is zero tolerance for attacks on journalists”, Drljevic said.

He said he was convinced that Montenegro would reach the highest standards of a democratic society as the highest European values.

Marijana Lakovic from the Ministry of Justice’s said that out of four cases last year, three were resolved by judicial convictions and one was under investigation.

“This year in July, there were threats through social networks, one case, but there were no significant threats to journalists or their property”, she said.

Nikola Markovic, Editor-in-Chief of “Dan” said he was pleased that such a serious institution are dealing with the attack on journalists.

“There were problems with the Prosecution because we did not receive any documents related to the attack on Olivera Lakic for eight months, but after the insistence we received them”, he said.

Markovic said that they noted numerous omissions regarding the attack on journalists by Tufik Softic, Mladen Stojovic. “We are unhappy that they did not recognize the omissions one years ago and sanctioned those responsible in their ranks”, he said.

According to him, some investigations last for a long time, and people who lead them must be held accountable. “No one was dismissed or held accountable for the omission.”

Markovic add that in the case of Dusko Jovanovic, Zoran Pazin Minister of Justice said that the omissions were recorded.

“It is good that they have acknowledged and confirmed the Commission allegations that omissions exist, but that is not enough. We need to determine who those people who made the failures are and why they happened. Is just ignorance the cause”, he said.

Markovic warned that there was no information that anyone was dealing with the omissions. “And we have to talk about it and insist and identify specific names for omissions and responsibility.”

Daliborka Pejovic, MP – Democratic Party of Socialist asked Markovic if absolute freedom of the press also meant maximum responsibility.

Markovic replied that there is in Montenegro “pollution of the media scene and that it comes from outside is dominant” and that is the fact.

“I do not agree with you connecting attacks on journalists with their writing. As a society we must not allow these media to be attacked. There are other mechanisms for them if being unprofessional. If we relate their writing and attacks, then I’m afraid there will be a tendency to justify the attacks”, Markovic said.

Branko Radulovic, MP – Democratic Front said journalism was one of the foundations for a free and democratic society.

“Equality of treatment should be one of the basic principles of work. Montenegro is a partitocratic state and many may be Dusko Jovanovic’s killer. There is no statute of limitations on attacking journalists, it cannot be”, Radulovic said.

Mihailo Andjsic, MP – DPS asked what the concrete next steps are in terms of the attack on Olivera Lakic, so that the situation would not last too long.

Assistant Director of the Police Directorate Enes Bakovic replied to Andjusic that a dedicated case was underway.

“A complex case that did not leave much material evidence on the spot. We hope to find out about the immediate perpetrator of this crime”, Bakovic said.

AJM held a workshop on judicial practice and safety of journalists and media workers

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SKOPJE, 18.09.2019 – The Association of Journalists of Macedonia in cooperation with the Academy for Judges and Public Prosecutors – Pavel Shatev organized a workshop on “Judicial Practice and Safety of Journalists and Media Workers”. The workshop was attended by journalists, judges, lawyers and public prosecutors who discussed the safety of journalists, case law in the country and aspects of Articles 2, 3 and 10 of the European Convention on Human Rights of the Council of Europe. Also the international human rights expert George Tugushi was present at the workshop and spoke about the role of the Ombudsman in protecting journalists.

The President of AJM, Mladen Chadikovski said that this activity with the Academy is organized with the aim of increasing cooperation between journalists and judges in the interest of democracy, good governance and citizens’ well-being. “Our two professions are not the same, or let me say, they are completely different, yet in our daily work we must cooperate. That is why it is important to be allies in dealing with the various challenges we face in carrying out our professional tasks,” he said.

According to Chadikovski, journalists can help for better communication and greater transparency of judges with the public, and judges can be allies of journalists when certain centers of power use court proceedings to silence the criticism in the public. He said that both professions face a loss of credibility and independence. “Therefore, we want active co-operation in order to overcome these problems and gain back the public’s confidence in institutions and in journalism,” Chadikovski said.

This activity is implemented by the Association of Journalists of Macedonia (AJM) in cooperation with the Academy for Training of Judges and Public Prosecutors in the framework of the project “Safe Journalists for Credible Information”, and is supported by the Embassy of the Kingdom of the Netherlands in Skopje and the OSCE Mission to Skopje.

AJM reacts to decision on Kezharovski

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SKOPJE, 18.09.2019 – The Association of Journalists of Macedonia is dissatisfied with the ruling of the Skopje Primary Court, which ruled that the offense of journalist Tomislav Kezharovski was sentenced six years ago for the case “Liquidation” has receives stature of limitation. According to AJM, such development of events does not provide benefit neither to journalism nor to the rule of law as a whole.

At the same time, AJM is outraged by the fact that in recent years, the Association has repeatedly requested the Basic Public Prosecutor’s Office to drop the indictment against Kezharovski after the Supreme Court returned his case for retrial.

As the case was returned for re-trial, AJM also called on the Skopje Criminal Court to drop the indictment, declaring our colleague Kezharovski innocent, thereby demonstrating that in this country freedom of speech is guaranteed as basic human right. Unfortunately, none of the institutions showed understanding and reasonableness regarding this subject.

The damage created by this case is huge for the state. North Macedonia was marked as the only country that had a journalist in jail, we were labeled as a non-free country that violated journalistic rights and freedoms. Such examples of the practice of judicial authorities that unfortunately fail to protect journalists do not contribute to the poor perception of the judiciary.

Due to this, the country has been subject to long-term critics by all relevant international reports. A European Commission report on the state says that law enforcement agencies and the Public Prosecutor’s Office should effectively monitor all incidents against journalists. The old cases of the most serious physical assaults on journalists have not been resolved due to unprofessional conduct in investigations.

The consequences of such turn of events for colleague Kezarovski are enormous. Above all, his health is impaired, as well as the honor and journalist’s reputation. The Association of Journalists of Macedonia has informed all relevant domestic and international organizations about this problem. In addition, we will also send a report to representatives of the international community expressing concern and requesting accountability from all competent authorities handling this case.

AJK and UNDP launch the call for application for the annual Journalism Poverty Prize 2019

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The Association of Journalist of Kosovo – AJK in cooperation with United Nations Development Program – UNDP have launched the annual call for application for Journalism Poverty Prize 2019. The prize celebrates the best stories on poverty during 2019. The prizes will be awarded for the following categories:

  1. The best video-story,
  2. The best TV documentary,
  3. The best Audio-story,
  4. The best short story,
  5. The best photography.

The deadline for application is October 7, 2019, 17:00 PM.  For more information click on the link below: http://agk-ks.org/thirrje-per-konkurrim-cmimi-i-gazetarise-per-varferine-2019/

Female journalists in BiH: Struggle against the system and prejudices

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By: Sandra Gojkovic-Arbutina

Sarajevo, 16.09.2019. – When, at some point in your life, you decide that journalism will be, not only your profession, but also a lifetime commitment, much more than a job, something you lie down and get up with, together with all the passion and good that journalism brings, you also accept all those menaces and hazards that inevitably follow. But, what you certainly do not accept is that those hazards should be your everyday life, routine that comes together with job description, or in other words, occur without consequences and epilogue.

Prejudice and discrimination based on gender, sexual and similar grounds are not common only for media, similar modus operandi is seen in other branches, so it’s not unusual for female journalists to be scrutinized on several horrifying basis – whether she was brought by someone, or advanced due to her physical appearance, whether she could be entrusted with serious assignments and managerial roles because she is pregnant / planning family / happy – unhappy in love, if she openly and unreservedly exposes her opinion, then she has “male brain’, if she doesn’t complain about long working hours then her private life is certainly blunt and dull – so, possibilities for undermining are endless.

Statistically speaking, female journalists outnumber their male colleagues in all media in Bosnia and Herzegovina, so it is certainly an indicator that female journalist are responsible, determined, reliable, hardworking, perceptive, flexible and not so brittle and weak to seek an escape into the safety of less stressful occupations.

Romanticizing journalism as the profession, as well as a delusion on Don Quixotesque fight against windmills, is a kind of trap that leads to the other extreme, not to say, a lie – it is just a pursuit to do your job in the best possible way, but as long as our mind and hart serve us, our main priority remains creating conditions for unobstructed, relaxed work (it would be ambitious to say liberated) deprived of political, economic, racial, sexual – the whole range of pressures.

This topic is persistent within our guild and association, because it is, obviously, our biggest burden we want, but can’t deal with because it is a result of widespread moral, cultural, social, human and any other demise of this society, we are drawn even deeper into the mud, we are reduced to scribblers who should be beaten (some studies show) because female journalists write what they want they do not deserve respect, which is in this post-war society reserved only for political elite and those who rely on their political parties.

When we are talking about the status and fight of female journalists it is more then important to emphasize that they are victims of so called Balkan folklore that says that they, neither genetically nor culturally, are not predestined for responsible jobs, managerial positions that carry the difficult decisions but also a lot of unpleasant situations, where they relent under the pressure.

On the other hand, it is more then important to repeat again and again that such cases, although numerous, can not be accepted as a rule or matrix and blindly be followed. Also, those voices that speak of women as successful, hardworking and dedicated journalists should not be ignored nor minimized. On the contrary.

Sinisa Vukelic, editor-in-chief of Capital.ba and president of the Banja Luka Journalists’ Club, during 14-year-long existence of this respectable, economic portal, mostly worked and cooperated with female journalists. He says that, although a coincidence, it has proved to be a good decision.

“My whole newsroom is female, and it’s been that way for 14 years since the establishment of Capital. It is not something that was done intentionally, but simply happened that way”, says Vukelic.

Vukelic notices that attacks and threats against his journalists (and there were many) bear no gender signs or marks, so that is why, regardless of gender, there is no legal protection, nor an adequate response.

For years, Banja Luka Journalists’ Club has been asking for a clause in Criminal Code of Republic of Srpska that certainly would discourage future perpetrators of attacks on journalists. Namely, journalists want all attacks against media workers to be treated as an attack on official person, so penalties would be higher and judical processes would be more efficient. Regarding Criminal Code of RS, Article 388, Paragraph 1 says:
(1) Whoever attacks or seriously threatens to attack an official person or a person assisting an official in the execution of his duties, shall be punished by imprisonment for a term not exceeding three years.
(2) If the perpetrator in the course of the commission of the offence referred to in Paragraph 1 of this Article inflicted a bodily injury upon the official person or upon his assistant, or if the perpetrator abuses him or threatens to use a weapon, the perpetrator shall be punished by imprisonment for a term between three months and three years.

Although there are no guarantees, such legal penalties would stop any future attacks (and there will be some, for sure) because those penalties are far more serious than penalties in the case of an attack against an „ordinary” citizen.

It is important to emphasize, mostly due to certain misconceptions and misinterpretation in the public, media community has never requested to declare journalists as an official persons – because, of course, there are no legal possibilities for that.
We simply want those attacks to be treated as if they were attacks on official persons in order to minimize any future intention to physically assault or harass female and male journalists, not to mention murder attempts.
Regrettably, such initiatives got nothing more then declarative support “we understand, we support, but it’s not possible”. However, in the case of attempted murder of Vladimir Kovacevic, journalist of BN TV and Gerila.info (one of the worst cases of attacks on journalists), it seemed that deputies of National Assembly of the Republic of Srpska were ready to support such an initiative promptly, but it was mostly due to media pressure as well as their shock because of the seriousness of this attack. Kovačević has survived primarily due to his physical fitness and sanity.

Boxer Marko Colic, one of the attackers was sentenced to four years, while the second attacker is still on the run. But, what is the crucial for such processes is to find who is behind this crime, who ordered it. But, still, there are no answers.

Media and public pressure, local as well as regional, brought this process at least to some point, but the one who ordered this attack and paid for it is still at large. He is probably waiting to finally settle all the hassle, so he could continue with his activities.

It seems that, precisely at this point, when you need to bring such case to an end so we could talk about democratic, free, constitutional state – everything stops.

Milkica Milojevic, a longtime journalist and activist, says that it would be illusory in such restrained society to expect any kind of institutional protection for those who dare to review such a system and fight against corruption, crime, political violence and irresponsibility. Interestingly, according to Milojevic, generally there are no problems with the police, on the contrary. Those attacks are usually fairly investigated, at least at this, basic level. However, when it comes to justice, problems occur.

“Even the case is processed, they only sentence perpetrators, of course, only if they are not politically powerful or directly connected to powerfull people. But, the investigation never or rarely comes to those who ordered it. A particular problem is political responsibility or, better to say, irresponsibility. Politicians are the ones who promote and standardize attacks on journalists. In this country, things will change when, for example, Milorad Dodik publicly apologize for brutally insulted Gordana Katana and Ljiljana Kovacevic. Or, better yet, things will change significantly when Milorad Dodik and other leaders stop to behave in such a way, because they need to know that abusing journalists means the loss of votes in the elections”, says Milojevic.

Milojevic says that the initial address, in a case of an attack, is certainly the police, but also the media company where journalist works, journalists’ associations – all those who may, in some or other way, contribute to overcome the situation and get an epilogue.

“First of all, we have to believe that all citizens are equal before the law, except politicians who, according to european conventions, have a greater responsibility than the so-called ordinary citizens, especially political strongmen. Also, we have to publicly urge lawyers to pro bono advise journalists in such cases, because this is important for free and democratic society as well as the rule of law”, says Milojevic.

No attack should be unreported because it is the way female journalists would prove that they are brave to confront anyone, would prove that they have the right to carry out public job and that the age when a woman’s place was (only) in the kitchen has passed a long time ago.

Gordana Katana, also a longtime journalist and activist, works as a correspondent in Oslobođenje. She was often the target of verbal attacks, She thinks that system in our country absolutely does not recognize the protection of female journalists.

“That is why, anyone who thinks that we, female journalists, are not working the way someone thinks we should, they have right to attack us. I have never been against constructive criticism, never thought that everyone should agree with the way I work, or to agree with the editorial policy of my media house. Criticism based on dialogue and arguments is one thing, but offense, calls for lynching, and even physical attacks are something else. Also, attackers are rarely publicly condemned”, says Katana.

She adds that the most worrisome is the fact that when you’re exposed to the harshest insults, there are still those who think that you have deserved it, because of the editorial policy of your papers.

“It would be collegial, human to support the person who is under attack, but again, it is something that rarely happens. Why is that so, I honestly do not know. Whether it is due to fear from politicians, because they are the most aggressive, or perhaps fear from the editor, but the silence is the only thing we’re witnessing. It is something I have been through whole my career”, says Katana who barely remembers different situations.

She says that no one can forbid genuine, female solidarity. Journalists are brave to stand behind their attacked colleague only on social networks, but fail to do it when attacks happens. Milojevic says that support is mostly declarative, but hard to judge whether that support is sincere or not. But, nothing has changed for more then ten years, recalls Milojevic.

“However, we have protested on several occasions against attacks on our colleagues. Also, BH journalists provided a concrete legal aid in such cases through its helpline. Of course, it’s not enough, we should be an avant-garde of professional courage and solidarity”, says Milojevic.

She thinks that solidarity could be seen at its “micro level” – what we have done for our attacked colleague or what editors and directors have done for their journalists, opposing political figures or large advertisers.

“We live in a society where civil and professional courage is something very rare. Of course, this is our profession, we’re not excused from liability, but, for example, look at medical profession. How many doctors publicly stood up against their Chamber. That Chamber in many cases hasn’t revoked licenses for doctors sentenced for death of their patients or serious damage to their health. I haven’t heard for any such case”, Milojevic concluded.

It is crucial for jorunalists, who fight for their rights, to have strong support of its media company – which is not the case in many occasions. They are left out there in the windswept, in totally uneven battle with political strongmen.

Media company, with all its resources, especially the legal department, reperesents strong defense mechanism, but also they send an important message that they stood behind all that is published, broadcasted or written. They should especially protect its female journalists.

But before you even get into the whole story, journalists need to know as much as possible about their rights, to carefully study all possible ways to protect themselves in the field of labor and social rights. But, it is not the case in practice. Many of those who have been subjected to any kind of torture were aware of their rights, but couldn’t fight off those attacks and suffered discrimination for years. In many cases, those journalists thought there was no one in the chain or the system to protect them adequately.

The Female Journalists Network in BiH was established last year. Among other things, the aim of this network is to educate, guide, assist and support every aspect of journalist’s fight on any grounds. It has proved to be very important in a situation where you feel lonely in the chaotic situtation.

Kristina Ljevak, acting director of TV Sarajevo Canton, who has been subjected to lynching after her appointment, says that strong support she had was not only support for her personally, but also a voice against 30 years old machinery.

“I am grateful to my colleagues because their support means that we are not all the same, but also, that there are still of people whose honor is not marketed. I want to stress, I have received support not only from my colleagues, but also other people who felt the need to support me. Some of them offered services, free legal services, but it has not come to justice yet. I shall deal with justice after I take a break from injustice”, says Ljevak.

“I have always been active in the world of culture and LGBT activism”, says Ljevak.

No one seemed to be bothered by her activism because culture was on the sidelines of society”. Her name has never been the subject of any discussion. But, everything changed after her appointment, because her position was seen as a powerfull position. Some people felt endangered.

When the whole horror happened, she had realized the importance of the support, especially support of principled people in this business. It would be much more difficult without that support. She realized the importance of professional and responsible decisions.

“When your professional biography is clean, unspoiled, then you probably have done right thing, because they can’t find anything against you”, says Ljevak.

It was an agony, because she didn’t know who has it all started, what’s next. Or how far they were ready to go. She says that psychotherapy is one of the ways to deal with it, but also to surround itself with good people, no matter private or professional environment.

“It is a great luck that my professional and personal happiness is not dependant on my position. It is easier to endure pressure that way. Of course the hardest thing was to handle allegations regarding the broadcast of the film (especially those who hasn’t watched the film) and to handle allegations about denying genocide. This example reminds us of sad fact that people who survived the tragedy believe they have every right to influence the decisions of professionals, no matter the profession. I won’t comment religious communities at all”, said Ljevak.

Appointed at the end of May, Ljevak in her interview for Klix.ba in the July (when lynching was at its peak), demonstrated the best way how to deal with the inevitable pressures of the job. She continued with her professional commitments even stronger.

“In a case that journalistic authority said I was bad journalist, I would mind. But when it comes from Fascist underworld, I really don’t care. I’m reffering to my comments on behalf of LGBT activism. It hurts me, like every human being, because of my family. Since religion was their only argument, I guess that the one they believe in, would judged them objectively. For me there are only earthly courts, and according to the court of my profession, I am competent person to perform these duties”, said Kristina.

She spoke about future generations of journalists who will inevitably endure some kind of lynching, torture and pressures.

“Professional integrity is perhaps the most difficult to achieve, but it is the best and irreplaceable shield”, says Ljevak.

Attacks and intimidation of journalists in the Western Balkans

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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.