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Balkan journalists under pressure
Kosovo: Threats against journalists hinder their work and create an atmosphere of permanent insecurity
A Kosovo journalist was assaulted with a knife. Despite the high risk of the journalist being killed or paralysed, the assailant only received a four-year prison sentence and a €1,000 fine. This kind of minimal sentence, or even the pardoning of crimes or threats against journalists, has become typical in many Balkan countries. Those who terrorize journalists tend to be influential politicians, or powerful businessmen.
Arbana Xharra & Lavdim Hamidi
Serbia: 24 cases of assaults and threats against journalists (January – September 2015)Kosovo: 14 cases of assaults and threats against journalists (January – June 2015)Macedonia: 11 cases of assaults and threats against journalistsAlbania: 10 cases of assaults and threats against journalists
“We’ll cut off your head if you continue to write about our company”. This is the text message that Zekirja Shabani, head of the Association of Journalists of Kosovo, received in June 2015. It came after the publication of a story on the gazetafjala.com news portal that the Kosovo petrol company, Al Petrol, was stealing from its clients when selling fuel.
Shabani had received reports from two citizens claiming to have been victims of fraud in relation to buying fuel from the company. He had written on the news portal: “For two vehicles, with a capacity of 50–55 litres, Al Petrol in Ferizaj, and at a sales point in Prishtina, had charged its clients for an extra ten litres.”
Al Petrol is Kosovo’s third-largest company. During 2014, it had imported €55 million euros of fuel, which the company later sold in over 50 of its sales points. The number of sales points has increased considerably in recent years, with many new investments taking place despite claims from Kosovo oilmen that profits from this activity are very low.
Photo: Zekirja Shabani
Shabani says that he immediately reported the threatening text message. He alleges that the next day, police arrested one of the Al Petrol’s managers.
Kosovo Police spokesperson, Baki Kelani, confirmed that on July 28, 2015, there was a threat reported that, according to him, was made towards the victim (Shabani) by phone.
Kelani added that “the police immediately interviewed the suspect who, in consultation with the prosecutor, was released following a regular procedure. On August 4, 2015, a criminal procedure was initiated against the suspect and the case submitted to the prosecution.”
In addition, Shabani says that since the threat was serious, and it had come from one of Kosovo’s largest businesses, police offered him close physical protection for two days.
“Two policemen accompanied me to and from Prishtina, where our office is, to Ferizaj, where I live, which is a distance of 35 kilometres,” explains Shabani, adding that he limited his visits on the police’s recommendation.
Although the police were involved in the physical protection of a Kosovan journalist, Lulzim Kryeziu, the manager of Al Petrol denied ever threatening Shabani. He went further, claiming that the journalist had apologized for the allegation: “Shabani apologized for claiming that we had threatened him. In fact, the managers of another company had threatened him. Everything was a misunderstanding.”
Yet, Shabani insisted that he was sure where the threat had come from: “There was no misunderstanding. The managers of Al Petrol threatened me. I have the threatening phone messages.”
The Association of Journalists of Kosovo, which includes 400 journalists from different Kosovo media. Shabani is not the only journalist among them who has received threats from powerful politicians and businessmen. Such threats vary, ranging from phone calls and text messages, to being followed, blackmail, and charges in court. Moreover, in 2014, there was one attempted murder of a Kosovan journalist at his workplace.
Knife assault – four years in prison
In November 2014, the editor-in-chief of a TV morning show, Milot Hasimja, was attacked with a knife after he did not remove a video from YouTube, which had posted by his staff.
Photo: Milot Hasmija
The perpetrator, Sovran Syla, had asked Hasimja to take down the video, which had been transmitted three years previously, and featured the assailant. Since the journalist had refused to agree to the request, the perpetrator had entered the journalist’s office and stabbed his neck with a sharp knife, causing him severe bleeding which might have killed or paralysed him. Miraculously, Hasimja survived.
After hearings, the year after the attack, on November 5, 2015, the Elementary Court of Prishtina sentenced Sovran Syla to a mere four years in prison and a fine of €1,000. The charge was that of knife assault against a journalist at his workplace, causing wounds to different parts of the body.
“According to medical reports, I had four wounds on the back of my head. One missed the cerebellum by a millimetre. A forensic expert told me there was a 90 per cent chance of it killing me, and a 10 per cent chance of being paralyzed from an assault like that,” explained the lucky journalist.
After hearings, the year after the attack, on November 5, 2015, the Elementary Court of Prishtina sentenced Sovran Syla to a mere four years in prison and a fine of €1,000. The charge was that of knife assault against a journalist at his workplace, causing wounds to different parts of the body.
Hasimja: The sentence provided motivation for other crimes
Hasimja says that four-year prison sentence was very small and would motivate other potential perpetrators to undertake similar actions against journalists. “Others might say they could do similar actions, because they would be released after four years in prison,” says Hasimja, disappointed with the justice system in Kosovo.
Hasimja says he is still suffering the health consequences of that assault. “I feel more anxious, I have headaches, nightmares, and I cannot be left alone at home or in the office.”
“Others might say they could do similar actions, because they would be released after four years in prison,” says Hasimja, disappointed with the justice system in Kosovo.
This case made Hasimja understand that there is a great potential in Kosovo for such assaults against journalists. He lives and works fearing that someone might attack him again. Apart from the physical attack, Hasimja also suffered verbal assaults, causing him great trouble.
A week after he had been released from hospital, Hasimja checked other Kosovo news portals in order to read stories written about him, but what he found in unmoderated readers’ comments sections was terrifying, according to him. “Every second comment wished me dead, or wished the same thing to my media colleagues, saying: you deserved it; you journalists write everything. After reading those comments, I was forced to go back into hospital for a couple more days.”
The Association of Journalists of Kosovo has raised the alarm about the doubling of the number of threats and attacks against journalists in recent years, pointing out that this particularly discourages young journalists from entering journalism.
Courts do not treat journalists’ cases with priority
Kosovo Police also confirms the increase of threats and assaults against journalists. Shpend Maxhuni, general director of Kosovo Police, said that his institution in 2014 dealt with 22 cases of threats and assaults against Kosovan journalists, with a further increase in the first half of 2015. From January to June 2015 there were reports of 14 such cases.
“For all reported cases of threats, assaults, robbery, or other acts against journalists, Kosovo Police took all necessary legal measures, including prevention, investigation and detention of suspects. After the application of the procedure, most of these cases were submitted to the competent prosecution,” explains Maxhuni.
Kosovo State Prosecutor, Aleksandër Lumezi promises that Kosovo prosecutors will give priority to all cases where journalists are the injured parties.
However, Kosovo journalists complain that the biggest problem lies within the prosecution and courts, which according to them, neglect journalists’ cases, especially when the threats come from high-ranking state officials with political influence, or powerful businessmen who have strong links within the Kosovo justice system.
Shabani, from the Association of Journalists of Kosovo, claims: “As a result of the strong influence of some powerful individuals within the justice system, journalists’ cases are being neglected. These cases wait for at least five years due to obstructions in the courts, and this is the main reason why perpetrators take the law into their own hands, because justice bodies are not doing their job.”
Kosovo State Prosecutor, Aleksandër Lumezi, who was appointed in 2015, promises that Kosovo prosecutors will give priority to all cases where journalists are the injured parties.
“We will initiate a criminal procedure and, within a reasonable time, we will secure enough information to raise charges or suspend the investigation.”
Photo: Aleksandër Lumezi
He admits that journalists’ cases are not treated with priority and in some cases, are dropped due to the high workload or negligence of judges. According to Lumezi, it is not necessary to make legislative amendments in cases where journalists are victims, but, as he puts it, legal deadlines should be respected both by prosecutors and judges when it comes to dealing with these cases. Also, alternative procedures should be implemented in order to be as effective as possible.
“It is true that threats made towards journalists hinder their work and create an atmosphere of permanent insecurity, which makes the day-to-day work and investigative actions of journalists impossible,” adds Lumezi.
Lumezi admits that journalists' cases are not treated with priority and in some cases, are dropped due to the high workload or negligence of judges.
Mirlinda Gashi, communication officer at the Elementary Court of Prishtina, says that this court recently received two cases of journalists being accused of slander. Three other cases where journalists were the injured party – one case of a threat and two cases of abuse in exercising their duty – were also received.
She also said that, “the three cases where journalists were the injured party are closed. One case ended with imprisonment, whereas two other cases ended with probation. In cases where journalists were accused, the judges dropped charges.” For one threat made by phone in 2010 in Gjilan, a town in eastern Kosovo, the Elementary Court of this municipality sentenced the perpetrator with a fine of just €200.
OSCE: The trend of assaults against Kosovo journalists – a matter for concern
Representatives of OSCE in Kosovo say that the trend of threats and assaults against journalists is worrisome. According to them, this concern has also been raised in reports made by various international organizations.
The Human Rights Watch report, published on July 15, 2015 entitled Journalism a “Difficult profession”, states that freedom of the media is under threat in the Western Balkans, and points out that journalists and editors describe a tough working environment, facing threats, assaults, or other forms of intimidation or interference in their work. Journalists say they face repeated threats during their work, anonymous and direct threats against their family members, physical assaults, and even death threats. Many incidents featuring violence and intimidation are documented in this report, especially ones directed against journalists and resulting in cases which implicated powerful businesses or political elites, reports of war crimes, of high levels of corruption, and religious radical groups.
Edita Buqaj from the OSCE Mission in Kosovo says that regardless of the sources of threats towards journalists – be they politicians or powerful businessmen – they will never end. According to her, media representatives should be free to produce investigative stories without intimidation.
“Incidents, threats, and assaults against journalists cannot be tolerated, since they contribute towards the creation of an environment of fear, and put freedom of the media at risk,” she says, adding that a free media is crucial for the continuous development of democracy in Kosovo.
The OSCE Mission in Kosovo has recently published a report named Freedom of Media and Safety of Journalists. According to its findings, the situation in the Kosovo media remains sensitive, despite some improvements.
Besides criticism coming from international organizations about the trend of threats and assaults against journalists, the Kosovo government says that the creation of a safe working environment for journalists and their protected rights and freedoms is a duty which is closely linked to the process of European integration. Their infringement does not contribute to this process.
The Minister of European Integration for the Government of Kosovo, Bekim Çollaku, says that any interference and pressure on journalists in relation to their work is unacceptable and against the general interests of a democratic society. “The EU itself considers freedom of expression and freedom of the media as one of its most significant values, and this element is also guaranteed by the Constitution of the Republic of Kosovo as an inalienable and universal right.”
However, Zekirja Shabani from the Association of Journalists of Kosovo says that there has been the same rhetoric for more than a decade. Domestic and international institutions are involved in the creation of a safer environment for journalists, but to no avail. “Kosovo institutions should take the media situation seriously; they should respect the Constitution which guarantees freedom of speech; they should implement laws as a precondition for EU integration” explains Shabani.
After receiving threats, five journalists from Albania asked for asylum in EU
Some cases of threats against journalists were also reported in Albania. The Albania Journalist Union (UGSH) reports that threats come from structures or elements of organized crime, as well as from structures of religious extremism.
The head of the Albania Journalist Union, Aleksandër Çipa, says that as a result of threats eight journalists left the country during 2015, five of whom asked for asylum in different EU countries.
The head of UGSH, Aleksandër Çipa, declared: “In 2015, there were repeated threats against an investigative journalist, Artan Hoxha, who produces the program Xhungël. And Aurora Koromani from Gazeta Shqiptare received threats from anonymous Muslim fundamentalists.”
The head of UGSH says that as a result of threats, eight journalists left the country this year, five of whom asked for asylum in different EU countries.
Çipa continued: “We at UGSH are aware of three cases of journalists claiming to have been threatened, and these cases were also reported in the Albanian media. In one case, a journalist left the country after the change of governing party in Albania, since he used to report for the right-wing press. In another case, a journalist was threatened via social media.”
He added that during 2015, there were ten cases of journalists being threatened. “Unfortunately, there are repeated cases where the person behind the threats is unknown, and the investigations are closed or suspended with no public notice.”
Macedonian Deputy Prime Minister punched a journalist
The editor of the Macedonian website maktel.mk, Sashe Ivanovski, also known as Sashe Politiko, met Deputy Prime Minister Vladimir Peshevski on the street and asked him some questions. Instead of receiving answers, he was punched.
The incident happened on July 15, 2015 in front of the Pastel restaurant in Skopje. Ivanovski approached Peshevski to get a statement about the appointment of the special prosecutor, who would investigate the wire-tapping of high state officials’ communications that were then published by the opposition. On asking the Deputy Prime Minister whether he was afraid of imprisonment, the second-highest ranking official in the Government of Macedonia hit the journalist.
“The Deputy Prime Minister reacted very abruptly. He turned towards me, tried to grab my phone, hit me on my head and legs. I managed to escape and attempted to get to my car, which was parked behind a building. I was surprised to find that the Deputy Prime Minister then followed me with his car. He opened the window and started to talk to me, trying to convince me to get inside,” explained Ivanovski, adding that it was appalling that a Deputy Prime Minister would beat a journalist because of a question.
The editor of the Macedonian website maktel.mk, Sashe Ivanovski, also known as Sashe Politiko, met Deputy Prime Minister Vladimir Peshevski on the street and asked him some questions. Instead of receiving answers, he was punched.
Ivanovski says that after this scandalous act, Peshevski mentioned the incident in public, but did not apologise in person to his victim: “He lied by saying that I tried to attack him and that he was defending himself”, says Ivanovski.
Peshevski admitted that his reaction was “very harsh,” but he insisted on having been provoked by Ivanovski, and had been acting in self-defence: “My reaction was a result of defensive instinct, emotions and a very negative experience with Sashe Ivanovski. However, even though I was provoked, my reaction was very harsh,” wrote Peshevski on his Facebook wall.
Ivanovski claims that this was not the first time he had been attacked because of his work as a journalist. “I was attacked before as well, because in many cases, I asked the Prime Minister about his criminal activities in the presence of the media. Therefore, I do not feel safe at all in my work,” he explains.
“My reaction was a result of defensive instinct, emotions and a very negative experience with Sashe Ivanovski. However, even though I was provoked, my reaction was very harsh,” wrote Peshevski on his Facebook wall.
Ivanovski is not the only journalist that was attacked during 2015 while performing their job of informing Macedonian public opinion.
The Association of Journalists of Macedonia reported about 11 cases of assaults and threats against journalists during the first half of 2015. The head of this association, Naser Selmani, says that if a Deputy Prime minister of Macedonia physically assaults a journalist because the latter asks him a question, this sends a message that any journalists who tries to perform their job may face similar consequences. According to Selmani, the media in Macedonia is controlled by the government, with the intent of misinforming the public: “Most media funding comes from the government, which is why the media has become a propaganda tool for those who run the government,” says Selmani.
The head of the Association of Journalists of Macedonia says that for such propaganda, the Government of Macedonia during 2013 spent around €7 million; during the first half of 2014 the government spent around €4 million. “They use propaganda in the media, talking about reforms in justice, while the EU in 2014 heavily criticized the justice system in Macedonia,” claims Selmani.
Self-censorship of Serbian journalists
Journalism representatives emphasize that self-censorship and pressure upon editorial policies has become omnipresent in the Serbian media, and that there has been an increase in the number of assaults against journalists.
The media in Serbia, on the other hand, is facing increased limitations imposed on pluralism of ideas and freedom of expression. The Independent Association of Journalists of Serbia (NUNS) in its report on media freedom emphasized that since 2014, there has been an increase of limitations imposed on media. The report emphasises the axing of the most popular political show in the country, and cyber attacks on news portals which are critical towards the government. It also mentions Prime Minister Aleksandar Vucic who, according to NUNS, put considerable pressure on the available public space for the exchange of viewpoints and opinions. “Apart from public shows that aim to convince domestic and international public opinion that the Serbian government does not limit freedom of expression, little has been done in practice to ensure that freedom,” claims the report. Freedom of expression and of the media in Serbia have deteriorated, especially during the first half of 2015.
Journalism representatives emphasize that self-censorship and pressure upon editorial policies has become omnipresent in the Serbian media, and that there has been an increase in the number of assaults against journalists.
Serbia ranks 74th on Freedom House’s freedom of media list
From January to June 2015, the Association of Independent Journalists of Serbia registered 24 incidents against journalists, out of which eight were physical assaults, 14 were verbal and two were assaults on property.
In September 2015, the OSCE representative in Serbia, Dunja Mijatovic, declared during a conference in Belgrade that there was lots of talk about recent legislation regarding freedom of the media, but in her opinion, the laws were yet to be implemented, and this was resulting in problems.
“Whoever says there is no censorship in Serbia, they are wrong,” claimed Mijatovic.
Mediametar, a project which monitors and analyses the development of the press in Serbia, emphasized that during the second trimester of 2015, from April to June 2015, stories about Prime Minister Vucic appeared on the front pages of 522 newspaper outlets, and that only 12 of these pieces were in a negative context.
Many media analysts describe this situation as self-censorship. During the whole of 2014, the Prime Minister appeared 877 times on the front pages of Serbian media, yet only six articles were in a negative context.
Balkan journalists say that their countries cannot even pretend to be democratic, and thus, they should not become part of EU. They claim that there is no media freedom in these countries: “If journalists cannot write freely, if they cannot talk freely, we cannot pretend to be democratic, or strive to become part of the EU,” argues Zekirja Shabani from the Association of Journalists of Kosovo.
This article has been produced with the financial assistance of the project South East European Media Observatory, supported by the European Union. The contents of this article are the sole responsibility of Arbana Xharra & Lavdim Hamidi and can in no way be taken to reflect the views of the European Union.