Bosnia’s Judiciary Still Reluctant to Answer Emailed FOI Requests

Nearly 10 per cent of judicial institutions in Bosnia and Herzegovina which responded to BIRN’s FOI request insisted that requests for access to information be submitted in person or by mail, while some offered fax as an alternative.

BIRN sent inquiries to 96 courts and prosecutors’ offices on how they receive requests for free access to information.

The majority, 51, said they allow inquiries to be sent in a variety of ways, including email.

But of the 58 who responded, two prosecutors’ offices and four courts said they do not look at inquiries sent by email, which is common practice in most state institutions.

In their responses they said that they receive such requests exclusively by mail or in person, citing the lack of an electronic seal law and the impossibility of establishing the identities of the persons sending requests by email.

Experts criticised this as a way to restrict access to information for citizens and journalists.

The editor of the Capital.ba portal and president of the Banja Luka Journalists’ Club, Sinisa Vukelic, said such an approach makes it difficult for journalists to work.

“The message they are sending is that they do not want to change, and the only conclusion that can be drawn from that is that they are looking for every possible way to be less transparent,” Vukelic said.

Making inquiries in person, or sending them by mail, takes up valuable time when working on a text and prevents journalists from doing the stories they would otherwise do, if judicial institutions were more open, he added.

When you receive information after ten days, it is often by then unusable from a journalistic point of view, Vukelic noted.

Besides creating obstacles to sending inquiries, journalists face non-responses or delays in obtaining information from the judiciary. BIRN’s inquiries were not answered at all by 38 judicial institutions, and of the 58 that did answer, their answers arrived after 14 days.

BIRN’s recently published annual Freedom of Information report concluded that FOI laws in Bosnia and Herzegovina are outdated and do not meet the needs and expectations of the digital age.

Furthermore, Bosnia remains the only country in the Balkans that does not offer access to public records in electronic form.

Bulgaria Censured for Expelling Turkish Journalist Fleeing Arrest

Bulgaria’s actions in handing back a journalist wanted by the Turkish authorities in 2016 were unlawful and were part of the systematic expulsion of refugees and migrants with no examination of the risk of torture, inhuman or degrading treatment, the European Court of Human Rights decided on Tuesday.

The Bulgarian state was ordered to pay the journalist 15,000 euros in damages.

The court in Strasbourg found that he was forced to leave Turkey amid a widespread crackdown in the aftermath of a failed coup in July 2016.

“I was working as a journalist in the town of Bozova. After the attempted coup, I was dismissed from the newspaper. I changed address and found out that the police had been looking for me at my former address,” said the journalist, according to the court’s legal summary of the case.

Along with eight other refugees from Turkey and Syria, he was captured in a truck at the Bulgarian-Romanian border on October 14, 2016.

Despite expressing his fear of return, at no point did the Bulgarian authorities assess the risk of torture, mistreatment and further political persecution, the court ruling said. He was not granted access to a lawyer or interpreter.

He was returned to Turkey within less than 24 hours. Upon arrival, he was detained, and in December 2019, sentenced to seven-and-a-half years in prison for membership of a terrorist organisation.

According to the European Court of Human Rights, the Turkish verdict was largely based on the fact that he had the messenger application Bylock installed on his mobile phone. The app is used by the movement led by cleric Fethullah Gulen, which the Turkish government claims was behind the attempted coup and regards as a terrorist organisation.

“The ECtHR’s decision provides belated but important satisfaction for the applicant. It sets a strong counterpoint to Bulgaria’s longstanding practice of denying refugees protection from persecution and handing them straight back to their persecutors,” said the journalist’s lawyer, Carsten Gericke.

There has been no immediate official reaction from Bulgaria to the court’s ruling.

A BIRN investigation in October 2019 found that over 250 Turkish citizens requested asylum in Kosovo, Bosnia, North Macedonia and Bulgaria following the failed coup in Turkey.

Balkan Region’s Media Pluralism Stagnated in Pandemic, Report Warns

Balkan countries have experienced a general stagnation or deterioration in terms of media pluralism and media freedoms during 2020, shows a new study, “Media Pluralism Monitor 2021”, published by the Centre for Media Pluralism and Media Freedom at the European University Institute.

These trends can be observed through the four fundamental risk areas encompassed in the study: fundamental protection, market plurality, political independence and social inclusiveness.

Medium and high-risk factors for Balkan countries

In the area of fundamental protection, which among other things encompasses the protection of freedom of information, right to information and observing of journalistic standards, North Macedonia scores best out of all the Balkan countries in the study.

On a scale from 0 to 100 when scores between 0 and 33 per cent are marked as low risk factors, scores between 34 to 66 per cent mark medium risk, and scores between 67 and 100 per cent indicate high risk, only North Macedonia was marked as low risk, with a score of 32 per cent.

The rest of the countries were put in the medium risk group. Croatia scored 42 per cent, Montenegro 43 per cent, Serbia 45 per cent, Slovenia 48 per cent and Albania 59 per cent.

In the area of market plurality, which looked at issues like transparency of media ownership, news media concentration and owners’ influence over the editorial policies of the outlets, Montenegro was ranked best with 62 per cent, followed by North Macedonia with 64 per cent, both being ranked medium risk.

The rest of the countries were marked high risk. Serbia scored 69 per cent, Croatia 71 per cent, Slovenia 76 per cent while Albania ranked worst, with 89 per cent.

The third area concerns over political independence, which measures indicators such as editorial autonomy, state regulation and resources allocated to media and the independence of funding. All countries from the region in the survey, bar Slovenia, were marked as medium risk.

North Macedonia again scored best with 50 per cent, followed by Serbia on 57 per cent, Croatia with 61 per cent, Montenegro and Albania which both scored 64 per cent. Slovenia was marked as a country of high risk with a score of 73 per cent.

The fourth fundamental risk area in the report, social inclusiveness, encompasses indicators like access to media by minorities, as well as for local and regional communities, access to media for women, media literacy as well as protection against illegal or harmful speech.

In this risk area, North Macedonia again scored best with 58 per cent, followed by Croatia with 61 per cent, the only two countries marked with a medium risk factor.

Serbia scored 67 per cent, Slovenia 70 per cent, Albania 72 per cent and Montenegro scored worst, with 73 per cent.


Illustration: Pixabay

General stagnation or decline

Starting with Slovenia, the report noted that all monitored areas showed a slight or significant deterioration compared to the findings of the Media Pluralism Monitor 2020.

“Unlike many other EU countries, Slovenia and its government did not enable or promote any financial, fiscal, or tax instrument, strategy, or other potential intervention aimed at strengthening media plurality or, for example, social inclusiveness” during the pandemic of 2020, the report noted.

For Croatia, another EU country, the report noted that the regulation of the media sector has been stagnant for years, which has resulted in the deterioration of media pluralism.

The report said that, “there is no overarching media strategy, or initiative, to tackle specifically local issues such as poor protection of the journalistic profession and standards. The country has seen a surge of SLAPPs and defamation charges aimed at journalists”, adding: “Political interference without considerations of public interests is seen in many appointment procedures: from the public service media to the main media regulator.”

On Albania, the report noted that the country is weakest in terms of market pluralism, where it “faces a high level of news media concentration in its audio visual media market, while the viability of most outlets – apart from a number of family owned conglomerates that control the lion share of revenues and audiences, is weak”.

In the area of fundamental protection, Albania should do more to increase professional and journalistic standards, the report said, in order to avoid the threat of government intervention to regulate online media content, as proposed by the current ruling Socialist Party.

As for Montenegro, the report said the country’s legal framework is suitable for the development of media pluralism, but more in a quantitative than in a qualitative sense.

While the process of establishing media, especially online, is extremely free, there is no effort to boost professional or ethical standards. In addition, efforts to create and implement rules for digital news media that limit political influence have generally been sporadic, insufficient, and ineffective, the report said.

“Existing legal solutions allow political power to control the public broadcaster and the other media at the national and local levels, the report further states, especially through their dependency on public financing” the report also noted.

The report also said that the establishment of the state-level Fund for Encouraging Media Pluralism and Diversity is an innovation that may yet prove its worth, provided that strong control over the distribution of resources is established.

When it comes to Serbia, the general conclusion is that while the country has a solid legal framework covering traditional media, full enforcement of this is missing.

Some highlighted points are political and state advertising in media, lack of transparent media ownership and the lack of protection for media workers and instances of attacks on journalists that remain unsanctioned.

“During the 2020 election campaign, the so-called functionary campaign turned out to be the weakest element in media regulation, so this issue should be arranged by the Law.  The area of political advertising and reporting on spending on online platforms campaigns should be regulated by the Law as well. Political advertisement should be equally accessible to all political players, under the same conditions,” the report said.

Of the six countries from the region, North Macedonia had the highest overall score. The report notes that the situation in 2020 “significantly improved” compared to 2016, the last year of the former authoritarian PM Nikola Gruevski who was ousted in 2017.

The report notes that media freedoms are broader, journalists and their associations are no longer exposed to serious physical attacks and pressures, and the regulator is fairly independent and more efficient.

However, risks remain present: “The market is fragmented, most media are economically weak, and the working status of journalists is still unstable,” the report noted.

In general, for all countries, the report points out that for most of the countries’ populations, especially the young, online media have become their main source of information, and with this comes their increased exposure to disinformation and hate speech.

This creates a new challenge for all these countries’ regulatory policies, the report concludes.

The Media Pluralism Monitor 2021 was published as a research tool designed to identify potential risks to media pluralism in member states of the European Union and candidate countries.

The project, under a preparatory action of the European Parliament, was supported by a grant awarded by the European Commission to the Centre for Media Pluralism and Media Freedom at the European University Institute.

Turkish Group Hacks Serbian State Website in Srebrenica Protest

A Turkish group called Cyber Warrior Tim Akincilar hacked the Serbian Public Debt Administration’s website on Friday in what appeared to be a protest against Serbia’s denial of the Srebrenica genocide.

On the Public Debt Administration site’s front page, the hackers posted a photograph of a hall full of coffins and the number 8372 – a reference to the number of Bosniaks killed by Bosnian Serb forces in the Srebrenica genocide in July 1995, Serbian news website 021 reported.

Over the photo were the words “Unutmadik”, Turkish for “We haven’t forgotten”. This was also a reference to a quote by the first Bosnian President Alija Izetbegovic, who said: “Do not forget genocide, because a forgotten genocide will be repeated.”

The photo posted by the hackers was taken down and the Public Debt Administration site was functioning normally again on Friday afternoon.

The Serbian authorities do not accept that the massacres and deportations of Bosniaks from Srebrenica constituted genocide, despite the rulings of international courts.

Hacking group Cyber Warrior Tim Akincilar states on its website that it was founded in 2001 and fights “attacks on our faith and moral values, actions against our state and our country, and events that negatively affect society and the public conscience”.

It has often been reported that Cyber Warrior Tim Akincilar is related to Turkish nationalist groups, while ‘Akincilar’ refers to the Ottoman army’s vanguard units.

In previous years, the hackers have attacked the websites of various Greek authorities, such as Greece’s Foreign Ministry in September 2020, but also sites belonging to the Dutch government in 2018 and the sites of some government institutions in Egypt in 2019, when these countries had disagreements with Turkish government.

In 2011, they hacked the website of French satirical magazine Charlie Hebdo after it controversially published caricatures of the Prophet Muhammad.

So far, the UN tribunal in The Hague and Balkan courts have sentenced a total of 48 people to more than 700 years in prison, plus five life sentences, for Srebrenica crimes.

The most recent was former Bosnian Serb Army chief Ratko Mladic, who was jailed for life for genocide and other wartime crimes last month.

Freedom of Information in Balkans: ‘No Will, No Optimism’

The region needs more proactive transparency, open contracting and political will to deal with freedom of information, FOI, speakers from the region and internationally told BIRN’s conference Platform B: Freedom of Information in the Balkans, held on Thursday.

Countries are still struggling with the slow implementation of FOI laws, political pressures and institutions’ unresponsiveness, while the first year of the global pandemic also saw excessive delays in responding to FOI requests, speakers at the event, at which BIRN’s annual freedom of information report was officially launched, agreed.

Ivana Jeremic, editor at Balkan Insight from Serbia, told the conference that 2020 was “extremely hard” in terms of getting any information from institutions in Serbia, making it difficult for journalists to do their job.

“I don’t know what to expect in future, but the trend is not optimistic, there is no will from institutions to implement our law, which is actually among the best laws in the world, but on paper. 

Besides, people who are in charge [of FOI requests] at institutions are not educated enough on how to respond to those requests and there is also lots of pressure on them about which information should be made public and which not,” Jeremic said.

Kreshnik Gashi, managing editor of KALLXO.com and Author of the TV show Justice in Kosovo, told the conference that journalists and the general public face many problems when it comes to freedom of information in Kosovo.

“The law on the classification of official documents in Kosovo is not implemented by all institutions and as a result we have problems when documents are requested by various parties. One of the problems is whether or not the official is allowed to provide the document to the journalist or the party, as it is not clear whether that document is public or not,” he said.

“In consequence, all the required documents have to go through this process always, because there is no clarity on what is confidential and what isn’t”, he added. 

However, there are signs that things might be changing for the better.

“I should mention as a very good model and practice that Kosovo has decided to open all contracts in public procurement, an action that has helped our work a lot and makes monitoring and reporting on public contracts management possible,” Gashi said.

Sandra Pernar, Senior Regional Coordinator – Europe, at Open Government Partnership, OGP, told the discussion that there are many similarities between the regional countries that are part of the initiative – implementation being one of them.

“In general for the region, I can say that the conclusion is very much the same as the one many [speakers] said several times today, and that is: there is not so much of a problem with bad regulation, it is really about the implementation. This is something that should be addressed,” Pernar said, adding that the region should pay more attention to proactive transparency, “which is obviously not there yet”.

The report’s findings were further discussed with other BIRN journalists, civil society members and public institutions’ representatives, which was followed by a Q&A session.

The report, Freedom of Information in the Western Balkans in 2020: Classified. Rejected. Delayed, which covers 2020, is part of BIRN’s ongoing project, A Paper Trail to Better Governance, with the main aim of exposing wrongdoing in government and public and private companies and among powerful individuals through country-based and cross-border investigations.

Besides analysing a total of 358 FOI requests submitted by BIRN journalists, the report also examines legislation, governments’ partnerships and progress in international organisations in dealing with transparency and open data, the work of regional public information officers as well as regional governments’ treatment of freedom of information during the pandemic.

The report in Albanian.

The report in BCHS.

The report in Macedonian.

Polish Govt Prepares Attack on Major Independent TV Station

A draft law published at 9pm on Wednesday would make it impossible for the Polish national broadcasting council, KRRiT, to renew the licence of TVN24, the most important private news channel in the country. Its licence expires in August. It would also impact the future of TVN as a whole.

According to the proposed text, the governing PiS party plans to modify the law on radio and television to prevent media companies whose owners are based outside the European Economic Area – the European Union plus Iceland, Liechtenstein and Norway – from getting licences.

The formal owner of TVN, which includes TVN24, the all-news channel, is Polish Television Holding BV, registered in the Netherlands, which in its turn is owned by the US media company Discovery, Inc.

The government claims the modifications are necessary to fight “hybrid activities by third states,” but most independent observers see them as a direct attack on TVN, whose news channels have published investigations on and critical coverage of the PiS government.

In a statement on Tuesday, the TVN management said its ownership structure was “compatible with the law on radio and television, which is confirmed by independent expert analyses conducted by well-known legal experts”.

Since PiS took over the state television TVP, including its all-news channel TVP Info, it has turned into a propaganda machine for the governing party.

According to research by Havas Media Group, TVN24 had higher ratings than TVP Info during 2020.

After taking over state media and depriving independent media of state advertising during its first mandate, PiS is focusing now on weakening critically inclined private media.

In December last year, the state energy company PKN Orlen, run by a PiS ally, announced it was taking over Polska Press, the owner of much of Poland’s regional and local media. Purges in newsrooms owned by Orlen have followed.

In February, IPI, a Vienna-based NGO that monitors media freedom, published a report that detailed how PiS was step by step destroying independent media in Poland.

“This policy of death by a thousand cuts means that on their own, these measures have been scattered enough to avoid further battles with Brussels over the rule of law,” Jamie Wiseman, an advocacy officer at IPI, told BIRN at the time.

“Taken together, they amount to a concerted campaign of administrative pressure aimed at destabilising critical media businesses and a direct attack on press freedom,” he said.

The draft law stands a good chance of being passed by the parliament, even if one party in the governing coalition, Agreement, led by Jaroslaw Gowin, might not support it. PiS might count on the extra votes from the far-right Confederation and from the maverick Kukiz’15 group.

EU Warns Albania Against Electing ‘Partisan’ Media Authority Chief

The European Union office in Tirana has voiced concern about the political impartiality of the new members and chief of Albania’s main media regulatory body.

In a statement, it emphasized that “media regulatory authorities need to work impartially, transparently and with a legitimacy that is recognised by all”, and that “no doubt should exist about the non-partisan, professional & pluralistic nature of the work” of the institution.

“We invite the authorities to consider proceeding with this nomination under the new parliament starting in September, together with the appointment of the other board members of the Authority, in order to achieve the widest possible consensus and legitimacy,” the statement published on Twitter reads.

Albania’s parliament, currently controlled by the governing Socialists and their associates, is planning to elect a new Audiovisual Media Authority Board, AMA, where the main contender is Armela Krasniqi, a close associate of Socialist Prime Minister Edi Rama.

BIRN has learned that the EU statement on Wednesday came after the Socialists spurned an EU private request to postpone the vote.

The AMA supervises the television and radio market in Albania. Rama attempted in 2019 to extend and empower it to supervise and order take-downs or fine online media, claiming it was needed to combat defamation.

The AMA is historically perceived as politically biased, as the members of the board are proposed by political parties. However, the possible election of Krasniqi, a known close associate of the Prime Minister, has raised hackles.

The political bias of AMA was one of the arguments provided by the Venice Commission against extending its power to supervise online media.

The so-called anti-defamation package was approved by the governing Socialists despite local and international criticism but has been blocked by President Ilir Meta’s veto.

Rama once claimed he had withdrawn the law proposal. However, no formal step to remove it from the parliamentary agenda has been undertaken, and the law is still listed as up for discussion.

Southeast Europe Civil Society Must Cooperate to Combat Digital Violations

Digital rights violations have been rising across Southeastern Europe since the beginning of the COVID-19 pandemic with a similar pattern – pro-government trolls and media threatening freedom of expression and attacking journalists who report such violations.

“Working together is the only way to raise awareness of citizens’ digital rights and hold public officials accountable,” civil society representatives attending BIRN and Share Foundation’s online event on Thursday agreed.

The event took place after the release of BIRN and SHARE Foundation’s report, Digital Rights Falter amid Political and Social Unrest, published the same day.

“We need to build an alliance of coalitions to raise awareness on digital rights and the accountability of politicians,” said Blerjana Bino, from SCiDEV, an Albanian-based NGO, closely following this issue.

When it comes to prevention and the possibilities of improving digital competencies in order to reduce risks about personal data and security, speakers agreed that digital and informational literacy is important – but the blame should not be only put on users.

The responsibility of tech giants and relevant state institutions to investigate such cases must be kept in mind, not just regular cases but also those that are more complicated, the panel concluded.

Uros Misljenovic, from Partners Serbia, sees a major part of the problem in the lack of response from the authorities.

“We haven’t had one major case reaching an epilogue in court. Not a single criminal charge was brought by the public prosecutor either. Basically, the police and prosecutors are not interested in prosecuting these crimes,” he said. “So, if you violate these rights, you will face no consequences,” he concluded.

The report was presented and discussed at an online panel discussion with policymakers, journalists and civil society members around digital rights in Southeast Europe.

It was the first in a series of events as part of Platform B – a platform that aims to amplify the voices of strong and credible individuals and organisations in the region that promote the core values of democracy, such as civic engagement, independent institutions, transparency and rule of law.

Between August 2019 and December 2020, BIRN and the SHARE Foundation verified more than 800 violations of digital rights, including attempts to prevent valid freedom of speech (trolling of media and the public engaged in fair reporting and comment, for example) and at the other end of the scale, efforts to overwhelm users with false information and racist/discriminatory content – usually for financial or political gain.

The lack of awareness of digital rights violations within society has further undermined democracy, not only in times of crisis, the report reads, and identifiers common trends, such as:

  • Democratic elections being undermined
  • Public service websites being hacked
  • Provocation and exploitation of social unrest
  • Conspiracy theories and fake news
  • Online hatred, leaving vulnerable people more isolated
  • Tech shortcuts failing to solve complex societal problems.

The report, Digital Rights Falter amid Political and Social Unrest, can be downloaded here.

Western Balkans Roaming Charges End – With Internet Use Warning

Starting from Thursday, Serbia, Montenegro, Bosnia and Herzegovina, North Macedonia, Albania and Kosovo are dropping all roaming charges.

This means that citizens of these countries can make phone calls and send messages across the Western Balkan region without restrictions, paying the same prices as if they are in their home country.

However, the scrapping of roaming fees comes with a caveat, a warning for travelling citizens not to get too comfortable with their internet usage while abroad as there still might be some restrictions applied depending on their provider.

“Users are advised to always check their internet plans with their telecom providers, before travelling,” North Macedonia’s Agency for Electronic Telecommunications, AEK, said.

When it comes to internet traffic, in practice this means that some restrictions might apply, meaning that with some plans users might not be able to use all of their internet traffic from their home plan while abroad, the AEK explained,

Serbia’s Telenor provider explained that the use of the internet abroad will depend on the plan the users have.

“The amount [of internet traffic] depends on the monthly subscription for the tariff plan that users have, so there is no single unified amount, but it varies depending on the plan,” Telenor told N1 media outlet Thursday.

To prevent possible misuse of potentially lower prices in neighbouring countries, authorities across the region also said that while users can buy SIM cards in the neighbourhood, they will be able to use them only four months before they expire.

Roaming charges in the Western Balkan region were abolished in accordance with the Regional Roaming Agreement signed in 2019 at the second Western Balkans Digital Summit in Belgrade.

Countries from the region signalled that the next step would be mulling ways to reduce roaming charges between Western Balkans and the EU. For that purpose, a draft is expected to be prepared by the end of this year.

Kosovo Court Orders Detention for Media Commission Duo for Bribery

A court in Kosovo has ordered 30 days of detention for the head of Independent Media Commission, IMC, Luan Latifi, and its Director of Finances, Arben Bilalli, a day after they were arrested in Pristina on bribery suspicions.

The Pristina Basic Court on Thursday said there was grounded suspicion that both Bilalli and Latifi have been involved in a graft affair.

The IMC is an independent institution responsible for the regulation, management and oversight of the broadcasting frequency spectrum in Kosovo.

It licenses public and private broadcasters, establishes and implements policy and regulates broadcasting rights, obligations and responsibilities of individuals and entities who provide audio and audiovisual media services.

The board of the IMC held two meetings on Thursday after the arrests. “After the review [of the situation created] the Board has requested an interpretation from the IMC’s legal department on how to further proceed in line with legal obligations,” it said. “The IMC once again expresses its readiness to provide full cooperation with justice institutions in order to help investigations until the end,” it added.

Arben Bilalli, Director of Finances at the IMC, was arrested first on Wednesday. Prosecution documents obtained by BIRN say he was caught red-handed in an undercover police operation.

The documents say Bilalli and Latifi met a private business’s representatives three times to negotiate a fine the IMC had imposed on the entity.

According to the dossier, Bilalli accepted 8,000 euros from business owners but was not aware that the money belonged to the police and was used to simulate the action. The prosecution says that after he received the money, Bilalli was in constant contact with his boss Latifi.

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