Peci's QNJ-IKD indictment ready to offer legal protection to journalists

Peci's QNJ-IKD indictment ready to offer legal protection to journalists

The Kosovo Institute for Justice Assistance Centre (QNJ-IKD) has reacted to public statements by Kosovo Parliament MP, acting minister and candidate for South Mitrovica Mayor Fatton Peci, who in a public response has listed journalists and media representatives by accusing [...]

The QNJ-IKD estimates that such an approach constitutes direct violation of the fundamental principles of democracy, freedom of expression, and the public's right to be informed. Publicly formulated criminal charges against journalists constitute the form of pressure that could discourage critical and independent reporting. Media freedom and protection of journalists are essential elements of any democratic society guaranteed with the Constitution of the Republic of Kosovo, the European Convention for Human Rights and European Court for Human Rights standards.

The QNJ-IKD calls on all political representatives to show responsibility and respect for the role of media in democratic processes, avoiding deignive language and statements or actions that could produce a frightening effect on journalism and the media. Evental errors in exit-poles publication, following the closure of the deployments, or in media analysis following the election process should be addressed as issues of professionalism and ethical responsibility of companies or media that have committed them, but by no means rise to the level of responsibility because of the exercise of freedom of expression.

The widespread interpretation of eventual errors as criminal acts creates dangerous precedents for freedom of expression and for investigative journalism. At his public announcement, Mr. Peci is summoned to Article 210 and 216 of the Penal Code of the Republic of Kosovo (KPRK). These actions have little to do with the situation that the same presents. The aim of free voter definition, according to Article 210 of this Code, is a criminal offense that is carried out with the use of force or serious rowing, or by misuse of economic and professional voter dependence. While counterfeiting election results, according to KPRK's Article 216, refers to results in the election process, rather than measurements of public opinion or analysis in debates. Although the groundlessness in these cases is clear, this approach violates freedom of expression and the rights of journalists in Kosovo.

On the other hand, the QNJ-IKD invites the State Prosecutor to investigate fully, professionally and impartially all allegations of abuse during the election process. This investigation should be extended to the dawn of any reported suspicion of irregularities that may have influenced the election process, but in no way should it be misused as an instrument to silence the voice of journalists or punish media reporting.

At the same time, under its mandate to protect freedom of expression and the rights of journalists, the CNJ-IKD expresses readiness to offer protection and legal representation to any journalist who may face prosecution or civil prosecution filed by politicians or public figures in order to limit public participation and civic activism on issues of public interest.

The QNJ-IKD will continue to protect the principle that a democratic society can exist only when the media is free to report, citizens are free to be informed and politicians are responsible for public criticism.

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