**For background to recent cases, see IFEX alerts dated 24, 8, 6 May, 24 April 1996 and others** The following is the full-text of an appeal sent by CPJ’s Program Coordinator for Central Europe and the former Soviet Union to the author of Croatia’s Criminal Libel Law, Vladimir Seks: “Dear Mr. Seks, “You may recall […]
**For background to recent cases, see IFEX alerts
dated 24, 8, 6 May, 24 April 1996 and others**
The following is the full-text of an appeal sent by CPJ’s Program Coordinator for Central Europe and the former Soviet Union to the author of Croatia’s Criminal Libel Law, Vladimir Seks:
“Dear Mr. Seks,
“You may recall our acquaintance in Belgrade in the 1980s at the meetings of the International Helsinki Federation for Human Rights. At that time, as an attorney and member of the Croatian Helsinki Group and as a dissident in opposition to the Communist regime, you had suffered repeated threats of disbarrment and legal harassment.
Helsinki Watch in the United States and their colleagues in Europe repeatedly came to your defense to protect
your rights as an independent attorney.
“Therefore it was with great dismay that I learned that you
yourself are now engaged in legislative restriction of the civil
rights of others, notably the independent Croatian media. I am
writing you now as the Program Coordinator for Central Europe and the former Soviet Union of the Committee to Protect Journalists (CPJ).
CPJ wishes to express its deep concern about the current
charges against the Split-based independent weekly, Feral
Tribune’, marking the first application of Croatia’s new criminal
libel law which you authored. According to press reports, your
drafting of this law was adopted by the Croatian Parliament on
March 29 and signed by President Franjo Tudjman in April.
The law mandates criminal punishment of up to three years of imprisonment for journalists who criticize the president of the Republic of Croatia, the prime minister, the president of the supreme court and the president of the constitutional court.
“On May 3 Viktor Ivancic, editor-in-chief of Feral Tribune’, was
taken to police offices and informed that a criminal case has been opened against him and Feral Tribune’ reporter Marinko Culic. The charges cite an April 29, 1996 Feral Tribune’ issue that contained Culic’s article entitled Bones in the Mixer’ and a
photomontage, ‘Jasenovac — The Biggest Croatian Underground City.’
The issue was critical of President Tudjman’s controversial recommendation to move the remains of Nazi soldiers and to bury them alongside World War II concentration camp victims in Jasenovac. Both journalists face up to three years in prison.
In addition, Feral Tribune’ is now the victim of a costly civil
libel suit launched by President Tudjman’s daughter, Nevenka
Kosutic.
“Justice Minister Miroslav Separovic stated in March that
Croatia’s revised libel law, under which Ivancic and Culic are
being charged, meets current European standards. However, this claim is inaccurate. According to the organization Article 19, in the past decade, no person in Western Europe has served time in prison for defamation.’
“In fact, if you review decisions made by the European Court,
Western European citizens, by precedent, are effectively free to
criticize political leaders and governments without criminal
penalty.
In Handyside v. the UK (December 7, 1976) the European Court reaffirmed that Freedom of expression … constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress…Subject to paragraph 2, it is applicable not only to information or ideas that are favorably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb.’
Moreover, a subsequent European Court case involving an Austrian journalist, Lingens v. Austria (July 8, 1986) established that politicians must tolerate a higher level of criticism than individuals in order to assure freedom of political debate.
Through these court rulings and others, the European Court has made it clear that it is unacceptable to imprison those charged with criticizing the government, public institutions or officials.
“As a nonpartisan organization dedicated to defending press
freedom around the world, CPJ urges you to do everything in your power to see that Croatia’s criminal libel law is repealed and that the existing law is not enforced against the independent media for their exercise of the internationally-recognized right to criticize government officials.
“Thank you for your attention and I await your comments.”
You are encouraged to send similar appeals to:
Mr. Vladimir Seks
Croatian Democratic Union (HDZ)
Zagreb, Croatia
Fax: +3851 450 236
Please copy appeals to the originator if possible.
