QNJ-IKD: Peci's accusations to journalists are pressure on the media, offering legal protection to journalists

Pec via a Facebook post announced he would hand over criminal gossip to: Baton Haxhiu, Berat Buzhala, Lirim Mehmetaj, Visar Imer, Ilir Mirena, Valon Syla, Ermal Pandur, Valon Feka, Shkumbin Catazit and others, under suspicion of “Cenim setting free voters<1> and “Counterfeiting the results of the vote”, reports “Justice Trust“.

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. It says that the criminal charges publicly formulated against journalists constitute the form of pressure that could discourage critical and independent reporting.

QNJ-IKD stresses that media freedom and protection of journalists are essential elements of any democratic society.

“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 media analyses 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 due to the exercise of freedom of expression”, the communique says.

The QNJ-IKD estimates that this approach violates freedom of expression and the rights of journalists in Kosovo.

“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 falsification of election results, according to KPRK's Article 216, refers to results in the election process and not to measurements of public opinion or analyses in debate”, it is further said.

The QNJ-IKD invites the State Prosecutor to investigate fully, professionally and impartially all allegations of abuse during the election process.

In addition, the IKD Centre for Free Juridic Assistance has expressed 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 in issues of public interest.

“At the same time, within its mandate for the protection of freedom of expression and journalists' rights, the QNJ-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 in issues of public interest”, the communique said.

QNJ-IKD complete communication:

“The Kosovo Institute for Free Juridical Assistance Centre for Justice (QNJ-IKD) reacts to public statements by Kosovo Parliamentary MP, incumbent minister and South Mitrovica Mayor candidate. Faton Peci, who in a public response has listed journalists and media representatives with names, accusing them of committing criminal acts because of their reporting during election day.

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.

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 to public criticism”.

By contrast, according to Peci, the extum was aimed at creating confusion, trying to influence and illegally deviate the will of citizens in Mitrovica and change the outcome of the elections. He said they expect justice institutions to deal with this case with urgency and meritiness, which he says will also present facts.