Montenegro Medic Arrested for Publishing List of Coronavirus Patients

Montenegro’s Prosecutor’s Office said the medical staffer in the Health Centre in the capital Podgorica, known only by the initials M.R., had been arrested by police for the crime of unauthorized collection and use of personal information.

“As an official, he is in charge of publishing information on COVID-19 patients through the IDO system, which he forwarded via Viber to other persons who, although his colleagues, are not authorized to dispose of this information,” the Prosecution said in a press release.

After the list of names of infected people and their ID numbers was published on Friday, the Montenegrin government demanded an investigation, which the Prosecutor’s Office led.

Civil society organizations and opposition parties also agreed that publishing the names of infected patients on social media violated their basic human rights and could lead to serious consequences. “We have to respect people’s privacy and stop the stigmatization of infected citizens,” the Civic Alliance, an NGO, said.

That was not the first time patients’ rights in Montenegro were violated in this way. On March 18, the identities of coronavirus patients were published by social media users and the photos of one patient and her family were also posted online.

On March 22, the government itself published the names of people who had been ordered to self-isolate, arguing that some of them had not respected the order.

The government said it had received the consent of the Agency for Personal Data Protection for this, and had decided that the lives and health of Montenegrin citizens came first. Despite concerns voiced by opposition parties and civil society groups, the government has continued to publish such lists.

There have been 248 confirmed novel coronavirus cases in the country of some 630,000 people so far, two of whom have died.

Central and Eastern Europe Freedom of Information Rights ‘Postponed’

Citing the fight against COVID-19, authorities in a number of Central and Eastern European countries have extended the amount of time state bodies have to respond to freedom of information, FOI, requests, part of what media watchdogs say is a worrying crackdown on press freedom since the onset of the pandemic.

Media regulations across the region have been tightened under states of emergency and journalists have been arrested on accusations of spreading misinformation concerning the response of authorities to the spread of the novel coronavirus. 

Some countries have sought to centralise the dissemination of official information and banned certain media from regular briefings. 

FOI requests, a vital tool for journalists, have also fallen victim to the virus response; in Moldova, public officials have been allowed to decide alone whether or not to respond, while in Serbia, officials can refuse to respond to questions that are not related to the pandemic. In some cases, state bodies have been told they can delay responding until after a state of emergency has been lifted.

The measures have come in for criticism from rights organisations and raised suspicion that governments are trying to avoid public scrutiny of their response to the pandemic, which in many countries has been slow, chaotic and hampered by shortages of protective equipment for frontline medical staff.

Governments have an obligation to “ensure that measures to combat disinformation are necessary, proportionate and subject to regular oversight,” Dunja Mijatovic, human rights commissioner at the Council of Europe said on Friday.

Describing access to information as a “collateral victim” of government responses, Mijatovic said: “Despite the fact that timely information is essential for the public to understand the danger and adopt measures at a personal level to protect themselves, the filtering of information and delays in responses to freedom of information requests have been observed in several member states.”

Her statement followed a letter to the CoE from ten rights organisations that promote press freedoms and freedom of speech, among them Reporters Without Borders and the International Federation of Journalists, urging the 47-member body to take urgent measures against countries they accused of exploiting the crisis to curb essential freedoms.

Deadlines extended in Romania and Moldova


Romanian President Klaus Iohannis. Photo: EPA-EFE/ROBERT GHEMENT.

In European Union member Romania, President Klaus Iohannis signed a decree on March 16 declaring a 30-day state of emergency, which included a provision doubling the amount of time state institutions have to answer FOI requests.

Media outlets including Dela0.ro have reported that several local branches Health Ministry departments have cited the fight against COVID-19 in refusing to provide information to journalists or deferred questions to the communications office created by the Interior Ministry to centralise information about the crisis.

Likewise in neighbouring Moldova, authorities on Friday tripled the amount of time public bodies have to respond to FOI requests, from 15 days to 45. Media researcher and Independent Press Association, API, journalist Mariana Jacot told BIRN that when she had asked for public information from the Health Ministry she was told that ministry officials have more important things to deal with.

FOI right postponed in Serbia

In Serbia, the government has also extended the deadlines for state institutions to respond to a range of requests, including FOI requests to which institutions now have 30 days to respond once the state of emergency in the country is lifted.

Last week, for example, the Ministry of Trade, Tourism and Telecommunications told BIRN it would respond to an FOI request submitted by BIRN, “within the legal deadlines upon the termination of the state of emergency.”

Serbia’s Commissioner for Information of Public Importance and Personal Data Protection, Milan Marinovic, welcomed the government’s measure in a statement on March 25. 

Marinovic, who was nominated to the post last year by the ruling Serbian Progressive Party of President Aleksandar Vucic, said the move addressed a “number of concerns regarding the course and the calculation of deadlines during a state of emergency.”

His predecessor, however, questioned the way in which the measure was adopted.

“The government can adopt that regulation only when the parliament cannot meet due to objective reasons,” Rodoljub Sabic told BIRN. “The notion that parliament sessions cannot be held now is completely unsustainable, it is complete legal nonsense.”

The Serbian parliament was dissolved on March 15 after the government banned all gatherings of more than 50 people. 

Referring to the trade ministry’s response to the BIRN FOI request, Sabic said: “Your right has practically been postponed.”

“Of course they can answer you. The regulation does not ban it, it only extends the deadlines. If they want, they can answer you.”

“Unfortunately, the regulation puts them in a position where they don’t have to answer the request. They can postpone your right until the state of emergency is over,” he said. “It all comes down to that body’s goodwill.”

Public debate in Montenegro amid pandemic


Delia Matilde Ferreira Rubio, chair of the board of directors of Transparency International. Photo: EPA-EFE/ALESSANDRO DELLA VALLE.

In Montenegro, rights groups have deplored a decision by the government to press ahead with public consultation on proposed amendments to the country’s law on access to information despite the restrictions imposed on public life amid the pandemic.

On March 31, civil society organisations and journalists called for a postponement, arguing that the lockdown had made participatory debate impossible.

The following day, the chair of Transparency International, Delia Ferreira Rubio, warned that any non-emergency legislative measure that requires public consultation should be postponed until full, active participation can be guaranteed.

Nevertheless, the Ministry of Public Administration called for written comments on the amendments to be submitted via the ministry’s official e-mail address by April 13.

The non-governmental Institute Alternative, which promotes good governance and democracy in Montenegro, urged the ministry to wait until the pandemic had passed.

“There is no reason to rush and have a bad discussion during the pandemic,” Stevo Muk said in a press release on April 3. “Especially since neither the government nor the parliament is functioning in a regular way.”

This article was changed on April 7 to amend the time Moldovan authorities have to respond to FOI requests.

Concern for Rights in Montenegro amid COVID-19 Fight

Rights groups in Montenegro are warning of a threat to data privacy rights, free speech and media freedoms in the former Yugoslav republic under cover of the government’s fight against the COVID-19 pandemic.

Montenegro, a country of some 630,000 people, has at least 29 confirmed cases of the novel coronavirus and one death. Since the outbreak, police have stepped up action against those accused of spreading false information and, ignoring the protests of opposition and rights organisations, published the names of people required to self-isolate due to the virus.

The country, which has been run by the same party for the past three decades, has a long record of restricting human rights and violating data privacy rights.

Activists fear the government will exploit the COVID-19 pandemic to clamp down further. The government says its overriding priority is to protect the lives and health of Montenegrin citizens.

“I am afraid that an attempt to deal with one danger could create another danger,” said Daliborka Uljarevic, executive director of the Podgorica-based Centre for Civic Education.ducation.

Dozens arrested

On March 13, a court imposed 30 days custody for a Montenegrin man who wrote on Facebook that state officials were concealing the true extent of the pandemic.

On March 22, another man was arrested on suspicion of falsely claiming that he had been infected.

The next day, police announced that 60 people had been charged with violating the restrictions imposed by the government to combat the spread of COVID-19, including those accused of spreading ‘fake news’ and others who opened restaurants after the government ordered them closed.

The same day, in the coastal town of Kotor, a Russian citizen was arrested after she wrote on Instagram that around 1,000 people had been infected by the virus in Montenegro and that six people had died of complications.

Authorities have used such tactics before, arresting two NGO activists in January over their Facebook posts during protests organised by the Serbian Orthodox Church against a controversial freedom of religion law. Three journalists were also detained on suspicion of causing panic and public disorder in their writing.

Concern over government respect for law

Uljarevic said the government had performed well so far in combating the virus, but that it should work more closely with all social and political actors.

“As a society we are facing a big problem and it requires the institutional mobilisation of a wider range of socio-political actors, especially when it comes to some moves that have an effect on different structures and can lead to the vulnerability of parts of society,” Uljarevic told BIRN.

Opposition Social Democratic Party, SDP, MP Rasko Konjevic said the government should make it stays within the law in dealing with the pandemic.

“This situation is extremely serious and it is important for the state to show its organisation and strength but not to forget the Constitution and laws,” he said. “It’s important that we are all equal before the law.”

Concern rose on March 22 when the government published the names of those people ordered to self-isolate, arguing that some had chosen not to respect the order.

The government said it had received the consent of the Agency for Personal Data Protection, and the the lives and health of Montenegrin citizens came first.

Opposition parties and civil society groups were outraged.

Further concerns have been raised over a number of economic decisions issued by the government without consulting parliament, despite provisions in the constitution that specify such decisions can only be taken by the government under a state of emergency. Montenegro has not declared a state of emergency.

Konjevic said the government should consult more widely. “They could share responsibility with others,” he said.

Montenegrin Coronavirus Patients’ Identities Exposed Online

After Montenegrin Prime Minister Dusko Markovic announced on Tuesday evening that the country had its first two coronavirus cases, the patients’ identities were published by social media users.

Photos of one of the patients and her family were also posted online.

The ethnicities and religious beliefs of the patients were then targeted with hate-speech comments by some people on social networks.

The Montenegrin Association against AIDS, CAZAS, said that that every patient has the right to privacy and medical confidentiality.

“If you share photos of people who are infected on social networks and spread information about their health, you are directly violating [their] privacy and patient’s rights. There can be legal consequences for doing that,” CAZAS said in a press release.

President of the NGO Civic Alliance, Boris Raonic, warned about the danger of intolerance spreading in country as a result of the coronavirus.

“The stigmatisation of the infected and their families is a great danger in the coming period,” Raonic wrote on Twitter.

The first two coronavirus patients in the country had both recently returned to Montenegro, from Spain and from the US. One patient is from the city of Ulcinj and the other from the capital Podgorica.

Montenegro is a multi-ethnic state and is highly unusual in having no overwhelming community that makes up over half of its population.

About 45 per cent of the population identify as Montenegrins and about 29 per cent as Serbs. Albanians make up about 5 per cent of the population.

Facebook Extends Political Ads Rules to Balkans Before Elections

Facebook has added Montenegro, North Macedonia, Serbia, Moldova and Turkey to its updated list of countries that must adhere to its strict political advertising transparency regulations.

The enforcement of the new regulations is expected in mid-March, about a month before parliamentary elections in Serbia and North Macedonia, due on April 26 and April 12 respectively. Montenegro is also due to hold the elections this year, by October at the latest.  

Facebook launched the regulations in June last year. They mean that any adverts paid for by a political group or candidate must be labelled as such. 

With the new 32 countries, the total count of states required to stick to the regulations, which relate to any adverts about social issues, elections or politics, rose to 89.

Apart from the five Balkan countries, the regulations will also expand to Chile, Japan, Mexico and Indonesia, to name a few. Facebook said it was working to expand enforcement to more countries later this year, including Myanmar and Brazil.

“Anyone who wants to run ads about elections or politics in these countries will need to confirm their identity with an ID issued from the country they want to run ads in and disclose who is responsible for the ad.

“We require that the advertiser provide additional information, like a local business address, local phone number, email and website, if they choose to use their organization or Page name in the disclaimer. These requirements hold advertisers accountable for the ads they run on Facebook and Instagram,” the social media giant wrote on its Facebook for Business website

While political ads will be more transparent, the requirements are also designed to ensure that Facebook can list political advertisers in its Ad Library. Political ads from all of these new regions will now be added to the Ad Library API.

“We will introduce the Ad Library Report for each of these countries by the end of April. The report provides aggregated insights for ads about elections and politics, such as total number of ads and spends in the Ad Library. The report is also available as a downloadable file,” Facebook explained.

Political parties in the Balkans have often used social media in ways that are far from transparent during elections.

At the beginning of 2020, SHARE Foundation, a Serbia-based digital rights NGO, asked Facebook to put Serbia and North Macedonia on the list, citing the upcoming elections as the main reason. In its letter, SHARE said that if these two countries were on the list “the campaign will be more transparent.”

“This is especially important, since it is expected that Facebook pages which are not openly political might engage in supporting a certain political party or candidate with ads,” the letter adds.

Montenegro Detains Activist for Predicting ‘War’ on Facebook

Montenegro’s state prosecution on Tuesday ordered civic activist Vesko Pejak to be put into custody for 72 hours for causing panic and disorder over a Facebook post predicting “war in Montenegro” – and for claiming that officials were provoking citizens who opposed the recently adopted law on religion.

The law has angered the largest faith group in the country, the Serbian Orthodox Church, and tens of thousands of people have been marching twice weekly in the streets in protest against it. 

The Serbian Church, SPC, says it is designed to strip it of its property and land, which the government denies. Opposition political movements are also regular participants in the anti-government rallies.

The Center for Investigative Reporting in Montenegro, CIN-CG, said that by arresting people solely for their thoughts, the government threatened freedom of thought and expression, which is one of the cornerstones of democracy. 

“We appeal to all actors in the public arena to take the greatest responsibility regard to the situation and not to exacerbate tensions,” the CIN-CG press release said.

“We urge the authorities to release Pejak and to no longer stifle freedom of speech and freedom of movement,” a member of the Alternative movement, Nikola Bezmarevic, told the media.

The main opposition group, the pro-Serbian Democratic Front also condemned the arrest. 

The government has been clamping down hard lately on activists spreading “panic” on social media.

On January 24 police detained a well-known pro-Russian journalist, Igor Damjanovic, over his conversation on Facebook with another person who then filed a case against him. Damjanovic claimed the real reason for his detention was not his verbal exchange on Facebook but his long record of anti-NATO activism, which has irked the government. 

On January 23 in a separate case concerning Facebook comments, police arrested Milija Goranovic from Niksic for allegedly insulting the country’s police chief, Veselin Veljovic. Media reports said Goranovic was fined 500 euros for telling Veljovic “not to talk rubbish” below a statement of the police director on Facebook. 

One day after Goranovic was arrested, the US ambassador to Montenegro, Judy Rising Renke, reminded the government on twitter that freedom of speech was fundamental to democracy. “This really worries me. Public figures are routinely criticized and even insulted – it’s part of the job. I know. However, at the end of the day, we must defend the right to free speech,” she posted.

Two editors of local news websites, IN4S and Borba, Gojko Raicevic and Drazen Zivkovic, were detained on January 12 on suspicion of causing panic and public disorder. This was in connection with reports of an explosion at the Villa Gorica, a building in Podgorica used by the government for receptions. After they published their stories, some regional media republished the alleged information. The police later denied that any explosion had occurred and said that a minor electrical failure had occurred at the villa, which was soon repaired. They said Raicevic and Zivkovic were arrested for publishing information that had alarmed the public without checking the facts.

On January 5, the editor-in-chief of the Fos media website, Andjela Djikanovic was placed in detention for 72 hours for “causing panic and disorder” after claiming in an article that the government might call on security forces in neighbouring Kosovo to help quell Serbian Church supporters’ protests over the new legislation on religion.

The government has defended its tough response, however, saying it is coming under a systemic and organized attack. On January 14, the Culture Ministry said that the country had become the target of an organised “disinformation campaign” since it adopted the new law on religion. Authorities say they are the victims of a coordinated campaign to spread fake news, organised by a number of media outlets in the country and the region that are spreading religious and national hatred and violence.

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