Court Decision Raises Concerns Over Press Freedom in Montenegro

A recent ruling by the Court for Misdemeanours in Bijelo Polje has alarmed media advocates regarding press freedoms in Montenegro. The court upheld the actions of Sakib Cindrak, who obstructed journalist Alisa Hajdarpasic while she was reporting on police activities related to the arrest of Zoran Lazovic, a former official in the security sector. The Decision states that Cindrak’s interference was a legitimate reaction and does not constitute a violation of public order laws.

According to the Association of Professional Journalists of Montenegro (DPNCG), the court’s decision reflects a troubling precedent that allows for the obstruction of journalistic work. The ruling, issued by Judge Andrijana Bulatovic, justified Cindrak’s behavior by claiming that Hajdarpasic was filming on private property without permission. The judge stated that phrases like “please don’t film” and physical contact with Hajdarpasic’s phone were simply reactions to unauthorized filming and did not represent violent behavior.

Hajdarpasic was covering a police operation in the village of Orahovica when she was confronted by Cindrak and others. The court noted that the act of touching her phone could not be classified as an attack under existing laws. DPNCG criticized this interpretation, emphasizing the importance of media coverage, especially in cases involving high-ranking officials like Zoran Lazovic.

The DPNCG expressed deep concern over the implications of this ruling. They argue that the decision demonstrates a lack of understanding of both the standards set by the European Court of Human Rights and the specific responsibilities of journalistic work. They stated, “If they do not comprehend that preventing coverage of a suspect in the security sector is a public interest, they fail to grasp the nature of their role.”

The organization also pointed out that the ruling, along with a previous decision by the Basic State Prosecutor’s Office in Bijelo Polje not to prosecute Cindrak and others involved, sends a disturbing message about the treatment of journalists. DPNCG noted that the actions taken against Hajdarpasic included harassment and intimidation, which caused her significant distress.

“Media is the pillar of democracy, and the public has the right to know,” the DPNCG stated. They warned that such judicial decisions create a dangerous precedent, suggesting that anyone could impede a journalist’s ability to report by simply claiming a violation of privacy. The DPNCG emphasized that Hajdarpasic was not secretly filming but was performing her legitimate duty as a journalist.

Hajdarpasic plans to appeal the court’s ruling, citing its potential dangers for all media professionals in Montenegro. The DPNCG expects that higher authorities, including the Constitutional Court, will take this matter seriously, as the implications for press freedom are significant. The organization advocates for a clearer understanding of press rights and the responsibilities of those in positions of power to uphold them.