11 minutes ago“Passion of the powers of prosecutor”, butterfly Kusari for the Mehmetaj case: The Prosecutor's Response Right
Periskopi(2 years ago)
(2 years ago)The Kusari jurist media butterfly has again written on the case of journalist Lirim Mehmetaj, where she said the prosecutor's claims in the case of journalist Mehmetaj, or anyone else, would lead to the discussion or initiative to re-recondemnate slander and insult that it said would bring us 17 years back, writes [...]
“Rystifying slander and insulting either through criminal charges or legal initiatives will not be successful. For power now, for that past and that to come”, she wrote.
Full response:
Redirecting slander and insult, whether through criminal charges or legal initiatives, will not be successful.
For power now, for that past and that to come these facts are important:
In Kosovo, slander and insult to all persons had initially been arranged in 2003 with articles 187 and 188 of the Current Penal Code condemning slander and contempt for fine or prison for up to three months.
After international pressure, the slander was decontinent in 2007, when the Civil Law Against Slander and Fry was passed, which had entered into force a year later.
During 2008 to 2012, judicial uncertainty arose because civil law and criminal provisions were simultaneously in force. Court cases mainly reached courts based on criminal legislation. For this reason, in 2012, the Supreme of Kosovo was forced to issue a Parimor stand, with which it eventually ruled that slander was regulated only by civil law.
The criminalisation of slander, especially after the Supreme position and the development of standards by the Council of Europe and the European Court of Human Rights, is almost impossible.
Any discussion or initiative to recondemnate slander and insult would bring back 17 years.
A proper response to the fundamental prosecution today.
