(ARTICLE 19/IFEX) – On 20 April 1998, Davor Butkovic, Croatian editor-in-chief of the weekly “Globus”, will be tried for defamation, after reporting on a US-based study which alleges government corruption. The criminal libel suit puts Butkovic at risk of a maximum sentence of 8 years in jail and a US$645,000 fine. Croatia has at least […]
(ARTICLE 19/IFEX) – On 20 April 1998, Davor Butkovic, Croatian
editor-in-chief of the weekly “Globus”, will be tried for defamation, after
reporting on a US-based study
which alleges government corruption. The criminal libel suit puts Butkovic
at risk of a maximum sentence of 8 years in jail and a US$645,000 fine.
Croatia has at least 5 different offenses related to libel. The case, which
is being brought by all 23 Croatian government ministers, takes place two
days before a Council of Europe seminar on Freedom of Expression in Croatia.
**Updates IFEX alert of 2 April 1998**
According to Article 19, the case will strain what is left of the Croatian
government’s credibility regarding implementation of the European Convention
on Human Rights, and test the willingness of the Council of Europe to take
action on members which persistently contravene its policies on human rights
and press freedom.
Toby Mendel, ARTICLE 19’s Head of Law Programme will be one of the
international observers in the latest attempt by the Croatian government to
gag the press. Criminal and civil libel charges are brought against
journalists with monotonous regularity, apparently in the hope that the
threat of fines and jail sentences will stop scrutiny of public officials’
policies and activities.
Frances D’Souza, Executive Director of ARTICLE 19 said:
“Croatia’s use of criminal libel charges to protect government officials
from scrutiny is unacceptable. This case, and over 400 other such suits,
contravenes Croatia’s obligation to freedom of expression under the European
Convention on Human Rights2. ARTICLE 19 fully supports Mr Butkovic’s right
to report on the activities of politicians – as does the European Court,
which has stated that politicians must tolerate a greater degree of
scrutinythan private individuals. “
The European Court has stated: ‘Freedom of the press..affords the public one
of the best means of discovering and forming an opinion of the ideas and
attitudes of political leaders’.The limits of acceptable criticism are
accordingly wider as regards a politician as such than as regards a private
individual. Unlike the latter, the former inevitably and knowingly lays
himself open to close scrutiny of his every word and deed by both
journalists and the public at large, and he must consequently display a
greater degree of tolerance. (European Court of Human Rights, Lingens Case
12/1984/84/131).
Background Information
This is not Mr Butkovic’s first encounter with Judge Ranko Marijan. Only
last month, the Judge (who is said to have attended training sessions on
freedom of expression) handed down one-year suspended sentences to the
editor and another journalist for a 1996 story on War Crimes. The case was
also brought on grounds of libel. On 29 April 1998, Butkovic will appear on
further libel charges.
In January 1998, Croatia fast-tracked hearings for criminal and civil libel
charges brought by leading government officials, stipulating that they must
be heard within a week of charges being filed, leaving defense teams with
little time to prepare cases.
Other recent abuses of freedom of expression in Croatia include (not
previously reported by IFEX):
satirical weekly. In one farcical trial, the judge decided to ask the
Spanish authorities for details of General Franco’s policies before passing
judgment (the defendants were accused of defaming President Tudjman by
likening his policies to those of Franco), leaving the charges hanging over
the defendants. They return to court on 18 May 1998.
