veličina fonta

verzija za štampu

copyright

pošalji komentar

Dokumenta:
Download BIRN261109novinar.mp3

Journalist Under Investigation by the State Prosecution

Merima Husejnovic

Kodeks za štampu

26 November 2009  

For the first time since war-crimes trials began in Bosnia and Herzegovina, the State Prosecution opens an investigation against a journalist for disclosing the identity of a protected witness.

The first investigation has been opened after four years in which tens of protected witnesses, whose identity was intentionally or otherwise disclosed by the media, were examined at about 70 war-crimes trials. 

BIRN - Justice Report has learned that the investigation is being conducted against a reporter working with a bi-weekly magazine, who disclosed the identity of a witness - a victim of a multiple rape, who testified at a hearing closed to the public. 

"The newspaper published various kinds of things about me, wounding and humiliating me even more. A criminal proceeding is now being conducted against the journalist and the newspaper editorial team. (...) I have received support from the Prosecution and protection from the police, but the pain I feel inside me and the humiliation are getting bigger and bigger every day," the witness whose identity was disclosed told BIRN - Justice Report. She does not live in Bosnia and Herzegovina, but has permanent protection.

"The decision on opening an investigation was rendered by the Prosecutor due to the fact that one magazine disclosed the protected witness' identity on two occasions. After having done this for the first time, the magazine was warned about it. However, when the information was published for the second time, a decision was rendered, ordering the opening of an investigation," said Boris Grubesic, spokesperson of the State Prosecution, adding that this was all he could say "because the case is a sensitive one".

The attorney representing the interests of the indictee against whom the protected witness testified says categorically that the Defence did not have anything to do with the disclosure of the witness' identity.

"As far as the Defence team and the indictee are concerned, we did not take part in that. This is known to the Court, as it has ascertained it," the attorney said. 

As per the Criminal Code of Bosnia and Herzegovina, a person who discloses the identity of a protected witness can be sentenced to between three months and three years in prison. However, a person who "publishes, without authorization, acts as an intermediary in publishing, enables publishing or makes available" protected data, can be sentenced to between six months and five years in prison. 

Disclosing a protected witness' identity is against the law; it also represents a violation of professional ethics. In December 2006, the Press Council, VZS, and the Association of Court Reporters, AIS, jointly amended the existing Press Code, adding an article referring to "respecting protected witnesses' identity", and calling for information that could endanger the safety or lives of such people not to be published. 

As per the Code, not only are journalists encouraged to exercise special caution "and sensitivity" when reporting on witnesses and trials, but they are advised to "avoid, in general, naming witnesses" or members of their families or friends "unless this is necessary for complete, fair and correct reporting on the particular trial and it will not lead to wrong interpretation of the truth or course of the trial". 

"A journalist must not, under any conditions, disclose the name and last name or any other type of information. This is why the institution is referred to as 'protected witness'. We must not disclose their identity or the place of residence or data about the witness' relatives, because this would directly expose protected witnesses to drastic and even tragic consequences," Ljiljana Zurovac, Executive Director of the Press Council, said.

Zurovac said that the VZS has been informed about the disclosure of the protected witness' identity, but that it has not received "an official complaint", and for this reason it has not reacted. 

Although the Codex may have moral force, it does not enable the Council to pronounce sanctions. Upon receipt of a report, the Council can react by issuing a warning. 

Unlike the local judiciary, the International Criminal Tribunal for the former Yugoslavia, ICTY, has sentenced six individuals, including five journalists, for contempt of court contempt. 

In July 2009 Vojislav Seselj, former President of the Serbian Radical Party, SRS, who was charged with crimes committed in Bosnia and Herzegovina, Croatia and Serbia, was sentenced to 15 months in prison for having disclosed in a book "confidential information about three witnesses, who were granted protection measures". 

In July 2008 the Tribunal fined Baton Haxhiu, a journalist from Kosovo, 7,000 Euros for contempt of court because he disclosed information on a protected witness at the trial of Ramush Haradinaj, Idriz Balaj and Lahi Brahimaj. Haradinaj and Balaj were acquitted, by a first-instance verdict, of charges that they committed crimes against Serbs from Kosovo, while Brahimaj was sentenced to six years in prison.

"Enabling courageous individuals who testify before the International Tribunal about traumatic and difficult experiences, far away from their families, in an unknown environment, to ask to be able to do this in a secure environment and under protection measures is of key importance to the fulfillment of the Tribunal's mission," the verdict against Haxhi says.

Four journalists from Croatia have also been sentenced for contempt of court. Josip Jovic was fined 20,000 Euros, Domagoj Margetic was sentenced to three months in prison and fined 10,000s Euros, and Ivica Marijacic and Markica Rebic were fined 15,000 Euros each.

The four journalists disclosed confidential data about witnesses who appeared at the trial of Tihomir Blaskic, a colonel with the Croatian Defence Council, HVO, who was sentenced, in July 2004, to nine years in prison for crimes committed in the Lasva valley in central Bosnia.

 
Ljiljana Zurovac said it was necessary for journalists to be particularly careful when reporting on protected witnesses and to be familiar with the laws that oblige them to protect those people, even when such witnesses may not be aware that they are putting themselves in danger.
 

"Drastic consequences happen. Journalists have to be sensitive, careful and professional. Even if a witness wants to disclose some information, due to ignorance or a wish to say as much as possible about his difficulties and pain, journalists have to be professional and not disclose the identity of those people," Zurovac said.

 Merima Husejnovic is BIRN - Justice Report journalist. merima@birn.eu.com. Justice Report is BIRN online weekly publication.