IFEX- News from the international freedom of expression community

ACTION ALERT UPDATE - CROATIA

21 July 1999

ARTICLE 19 concerned about case of charged journalist

SOURCE: ARTICLE 19, London

**Updates IFEX alerts of 16 July and 7 May 1999**

(ARTICLE 19/IFEX) - ARTICLE 19 is greatly concerned about the case of Orlanda Obad, a journalist at the independent political daily "Jutarnji List", who has been charged with violating Article 295 of the Croatian Penal Code.

According to ARTICLE 19's information, the accusations followed the 17October 1999 publication of an article in "Jutarnji List", in which Obad revealed details of President Franjo Tudjman's family's financial holdings. Her report released the fact that US$150,000 were held by the Zagrebacka bank on behalf of the president's wife, information which should have beenincluded in earlier earnings declarations. ARTICLE 19 believes that embarrassment caused by the revelations is far outweighed by the public's interest in such information being disclosed. Indeed, such a belief is embodied in Croatia's September 1998 Law on Rights and Obligations of State Employees, which requires public officials to release the amount of their family assets.

The Obad case is particularly worrying as it appears that this is yet another attempt by the Croatian government to prosecute journalists under Article 295. Thus, ARTICLE 19 is also concerned about the impending trial of journalist Ratko Boskovic, charged in connection with an article published in the independent weekly "Globus" in 1995. ARTICLE 19 understands that the article revealed bank documents and examined possible financial improprieties of the Viktor Lenac shipyard in Rijeka.

ARTICLE 19 is also extremely disturbed by the lack of protection afforded to Obad's sources. It is ARTICLE 19's understanding that the two employees who admitted freely to the Zagrebacka bank that they had provided the information were immediately dismissed. On 3 September 1998, the former employees and Obad were called to testify before an investigative judge regarding the case. They have filed a complaint against the charges, but are expected to be tried this autumn and, should they be convicted, could all face up to five years in prison.

This targeting of journalists and of their sources is all the more worrying as it comes in the wake of the recent harassment of Ivo Pukanic and Robert Bajrusi, respectively editor-in-chief and reporter at the independent weekly newspaper "Nacional", and of their alleged source, former justice minister Miroslav Separovic. An article written by Robert Bajrusi, published in "Nacional" on 2 June 1999, revealed that the Croatian secret services, the SZUP, had fixed the result of the Croatian soccer championship. Ivo Pukanic and Robert Bajrusi were questioned by the police about their source; their homes as well as the offices of "Nacional" were searched; and Miroslav Separovic was arrested and charged with disclosure of state secrets (see IFEX alerts of 30 June and 17 June 1999).

ARTICLE 19 notes that Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Croatia is a state party, grants everyone" freedom to seek, receive and impart information of all kinds." Freedom of expression and information are the guarantees of a healthy democracy. Under international law, public bodies thus have a duty to disclose information and the public has a corresponding right to receive it.

According to ARTICLE 19, the press plays a crucial role in upholding freedomof information and in acting as a public watchdog. The freedom of journalists to publish information and opinions concerning matters of public interest is thus also protected by international law, such as the European Convention on Human Rights (ECHR).

The ECHR, which Croatia has ratified, allows for restrictions on press freedom only when specific personal or public interests are endangered. Defamation and national security threats are thus narrowly defined offences. They can occasionally be used to restrict press freedom only if it can be demonstrated that such restrictions are "necessary in a democracy", that is, that there is no other way of protecting the interest at stake. The prosecution of Obad and other journalists under Article 295 appears to be motivated solely by a determination to prevent public disclosure of information likely to cause embarrassment to Tudjman's government. Such motives do not constitute a legitimate reason, as defined by the ECHR, for restricting media freedom.

Neither can the press effectively perform its function if journalists' informants are tracked and penalised for disclosing information which is inthe public interest. Therefore, confidentiality and full legal protection must be granted to the journalists' sources if freedom of expression, of information and of the press are to be guaranteed.

RECOMMENDED ACTION:

Send appeals to the president:- urging him to take immediate steps to stop the unjustified harassment of Orlanda Obad and other journalists accused under Article 295 and to ensure that press informants are given full legal protection- calling on him in his capacity as president to do everything in his power to end such regrettable practices and bring Croatia into line with current international freedom of expression and information legislation

APPEALS TO:

His Excellency Franjo Tudjman President, Republic of Croatia Zagreb, Republic of Croatia
Fax: +385 1 456 5208, E-mail: www-admin@president.hr

Please copy appeals to the source if possible.

For further information, contact ARTICLE 19, 33 Islington High St., LondonN19LH, U.K. tel: +44 207 278 9292, fax: +44 207 713 1356, e-mail:europe@article19.org , Internet: http://www.gn.apc.org/article19/ .

The information contained in this action alert update is the sole responsibility of ARTICLE 19. In citing this material for broadcast or publication, please credit ARTICLE 19

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