Court rejects indictment, Baton Haxhiu loses battle for 300 thousand euros

According to the court's bias, the indictment of the medium-based Klan Kosova is unfound and in no case has been proven that elements of slander and insult caused by Y organisation IHR vs. Klan Kosova.

The news has revealed the Association of Kosovo Journalists.

Baton Haxhiu, the director of this medium, had demanded compensation of some 300 thousand euros.

In May 2010, the organization Your Initiative for Human Rights (YIHR) had published a report called “State of Constation”, in which findings for media restrictions and reporting in Kosovo were published.

Klan Kosova as a national medium was presented in this report as a medium, who of “cancelled the Democratic Party of Kosovo” during the 2009 election campaign.

A month later, most specifically in June 2010, Klan Kosova and its director, Baton Haxhiu, had filed libel and insult to organisation “YIHR”

The plaintiff claimed that this publication had brought this medium material loss from marketing and reputation damage, the medium in question, and its director had demanded compensation for material damage and not material worth 285 thousand euros.

Claims due to material damage, Pristina's Constitutional Court has deemed them unbased, where it has rejected the suit of medium-type Klan Kosova and director Baton Haxhiu.

In the provision of the trial made on the date 26.04.2018, it is found that “Paziti, even though he has claimed that the indictee has slandered and offended at his own expense, which has highlighted that material damage has been caused to him not to bind marketing contracts, the court has concluded that the plaintiff has not been able to argue with any evidence that such harm exists, and that in the actions of the indictee has been one of the elements of slander and insult<1>, among other things, the Court of Pristina's judgment.

The court has also considered Klan Kosovo's claims about damage to this medium's reputation as non- material damage to the organisation's “report. YIHR”

“In the concrete case, the court has proved that in the hurtful report there is not behind the reputation collapse because of the publication made on page 18 of the report hurt, where it is the statement that the plaintiff “prefers the PDK”, because it has been an opinion of the author of this report, and there can be no restrictions on any authority, on opinions, as well as presented at Article 8 of the Civil Law Against Slander and Fyreyrey,<3> is said in the act.

Therefore, the court, based on the facts mentioned above, found that the plaintiff's application is unbased”, is said to be the act of Pristina Foundation Court.

Pristina's Foundation Court has charged the plaintiff, in this case, with the medium Klan Kosova covering the expenses of the indictee's conflicting procedure, organisation “YIHR”, in many of the 1.019.20 euros.