Montenegro: Attack and Harassment of Independent Media Daily

ARTICLE 19, Global Campaign for Free Expression is extremely concerned about the pending civil law suit against Montenegro’s Vijesti newspaper with damages amounting to 1 million Euros. The suit was filed in response to the publication of statements made by the Director, Zeljko Ivanovic, following a violent attack against him in September 2007.

Early in the morning of the 2nd of September, Zeljko Ivanovic, the Director of the independent daily Vijesti, was attacked and beaten with baseball bats and metal rods while returning from the celebration of the 10th anniversary of his newspaper in Podgorica. Mr. Ivanovic later told the media that he saw the attack as a ‘greeting card’ from the family of Mr. Djukanovic, the former Prime Minister and current President of Democratic Party of Socialists (DPS), the ruling party. Although the police later arrested two people and prosecutors brought charges against them, Zeljko Ivanovic alleges that these are not the people who attacked him. Despite this, the police have declared the case as closed.

Most media reported Mr Ivanovic’s comments after the attack, but a law suit was brought only against Vijesti. Mr. Djukanovic is suing the publisher of Vijesti Daily Press Company, Ljubisa Mitrovic (Editor-in-Chief) and Zeljko Ivanovic himself for non-material damages of one million Euros. Particularly disturbing is the manner in which the case is being handled by the judiciary: According to our information, the judge went through the more than 80 pages of defence evidence and reached a decision of admissibility in little more than 20 minutes. He refused to summon or provide an explanation for not summoning any witnesses proposed by the defence, including the plaintiff. He also refused to order a medical examination of Mr Djukanovic to determine the extent of psychological damage he’d suffered resulting from the attack. A request by defence lawyers to remove the judge from the case because he demonstrated bias was rejected.

Montenegro has ratified the European Convention on Human Rights and the International Covenant on Civil and Political Rights which, among others, protect the right to freedom of expression. This right constitutes one of the essential foundations of a democratic society and is a basic condition for its progress. The European Court of Human Rights has held that guarantees enshrined therein apply not only to statements which are favourably received but also to those which offend and even shock or disturb. Moreover the limits of acceptable criticism are wider as regards a politician who is consequently obliged to display a greater degree of tolerance than a private individual.

ARTICLE 19 calls on the Montenegrin authorities and above all the judiciary, to:

• Ensure that judicial proceedings are conducted impartially and independently, in line with Montenegro’s obligations under international human rights law, and bearing in mind the critical public interest in free and independent media;
• Promote an environment which favours the free press and ensure that freedom of expression is not undermined through illegal or disproportionate sanctions;
• Condemn the violence carried out against Ivanovic and undertake a thorough and effective investigation of the incident.