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Legal Action
March 26
All media, LEGAL ACTION
The Croatian Parliament passed two amendments to the Penal Code, reinstating laws previously abolished in 1991. The laws restrict press freedom and strengthen the position of the ruling Croatian Democratic Union (HDZ) by making publication of criticism of top officials and state secrets criminal offenses. Under these provisions, journalists convicted of criticizing the president of Croatia, the prime minister, the president of Parliament, the president of the Constitutional Council, or the president of the Supreme Court or of divulging ill-defined classified information could face six months to three years in prison. While Justice Minister Miroslav Separovic claimed the laws met European standards, independent commentators called them a means to suppress media freedom and said they were designed to keep the press from airing internal party struggles and criticism of President Tudjman. These amendments had to be promulgated by President Tudjman in order to be incorporated in the Penal Code. Despite intense protest, he declared the amendments law. The public prosecutor was thus empowered to launch investigations of any journalist alleged to have offended or slandered the highest officials. CPJ urged President Tudjman to repeal the amendments.
March 28
Novi List, LEGAL ACTION
Novi List, an independent newspaper, was fined US$2.5 million for using printing equipment from Italy that the Croatian government claimed was reserved for Italian-language minority newspapers in Croatia. According to Novi List reporters, agreements signed by members of the Croatian and Italian governments in 1992 contained no such restrictions. Not only has Novi List used the equipment freely in the past, it has also provided and paid for space to house the machinery. In addition to the US$2.5 million fine for past usage, the Croatian government ordered Novi List to pay a monthly fee for the equipment. These financial penalties have forced the paper to raise its price from 3.5 kuna to 4 kuna and to reduce staff salaries by 25 percent. CPJ urged the Croatian government to drop the fine against Novi List. On May 10, the Croatian minister of finance decided to suspend the fine even though, by law, Novi List must pay the penalty first and then appeal the decision. On June 6, the Croatian Parliament began drafting a law to regulate the use of printing houses in the country. Novi Listis editor in chief told CPJ he was optimistic that the fine against the newspaper would be suspended indefinitely.
May 3
Viktor Ivancic, Feral Tribune, LEGAL ACTION
Marinko Culic, Feral Tribune, LEGAL ACTION
Ivancic, editor in chief of the independent weekly newspaper Feral Tribune, was taken to a police station in Split and informed that a criminal case had been opened against him and Culic, a Feral Tribune reporter. They were charged with slandering President Franjo Tudjman in the April 29 issue of the paper. The charges were in connection with an article titled "Bones in the Mixer," and a photomontage, labeled "Jasenovac: The Biggest Croatian Underground City." The article criticized the president's proposal to rebury the remains of World War II Fascists alongside their victims. This case was the first to be brought under legislation passed on March 29 that effectively criminalizes any critical reporting or satirical commentary on five top officials. The legislation allows for punishment of up to three years in prison for those convicted. In a letter to President Tudjman, CPJ urged that the charges against Ivancic and Culic be dismissed. On June 14, the criminal trial of the Feral Tribune journalists was unexpectedly adjourned on its opening day--apparently in response to the international outcry over President Tudjman's efforts to muzzle Croatia's independent media. The judge scheduled the trial to resume on Sept. 25, in order, he said, to call new witnesses. CPJ board member James C. Goodale, who traveled to Zagreb to show support for the journalists, presented the judge with a legal brief prepared at the request of defense counsel. The CPJ brief condemned the prosecution as an example of seditious libel, a legal concept that runs counter to the standards for press freedom in democratic societies. The judge explained that he could not enter the brief into the record because the Croatian legal system had no procedures for filing such documents. But he did agree to meet with Goodale at a future date to hear CPJ's concerns. After the hearing, Goodale and other representatives from press freedom groups and local NGOs held a public meeting and press conference where they denounced the statutes used to prosecute the journalists, citing international practice regarding criminal libel. On Sept. 25, the criminal trial resumed for the Feral Tribune journalists. On Sept. 26, the judge acquitted both Ivancic and Culic of all charges. In a press release following the verdict, CPJ hailed the decision as a victory for press freedom in Croatia, but called again for the elimination of the legislation that was used against Ivancic and Culic and is now being used against other journalists.
May 23
Feral Tribune, LEGAL ACTION
Nevenka Kosutic, the daughter of Croatia's President Franjo Tudjman, filed a civil libel suit against Feral Tribune, demanding 3.5 million kuna (US$635,000) in damages. Kosutic claims that Feral Tribune, a satirical and investigative weekly, slandered her by publishing allegations that she set up a prosperous business using her government connections. According to the state news agency HINA, Kosutic's lawyer, Zeljko Olujic, has asked the court to order the provisional withdrawal of the money from Feral Tribune's bank account pending a verdict. CPJ, which had sent a May 7 letter to Tudjman concerning a criminal libel suit brought against two Feral Tribune journalists, sent another letter to the president, urging him to repeal revisions to the Penal Code on criminal slander and to cease all legal harassment of the Tribune and other independent media.
July 15
Radio 101, LEGAL ACTION
The Croatian Telecommunications Council for the second time denied Radio 101, a local station in the Zagreb area, a permanent license to use the FM frequency it has been broadcasting on since 1983. Radio 101's first application, submitted in January, had been rejected by the Council because of missing documentation. Although the station was able to provide the missing information in the second application, the Council refused to grant the license anyway. Meanwhile, the popular, award-winning Radio 101 has paid fees amounting to more than DM50,000 (US$32,000) for three temporary licenses, the last of which expired on Nov. 15. Editors there believe the Council's reluctance was politically motivated because Radio 101's news is often critical of the government and most of the nine members on the Council are also members of the ruling Croatian Democratic Party (HDZ). On Nov. 20, the Council voted to give the frequency, 94.3 FM, to Radio Globus, a station that had been vying for the frequency but until that time had existed only on paper. Zagreb's citizens responded with mass demonstrations, and Radio Globus declined the frequency in support of Radio 101. CPJ and other international groups, the U.S. State Department, and even members of the HDZ also denounced the Council's move, and on Nov. 21 the Council revoked its judgment and decided to conduct another round of bidding for the frequency. Radio 101 was able to continue broadcasting. On Jan. 24, 1997, the Croatian Telecommunications Council voted 6-2 in favor of granting Radio 101 its permanent license to broadcast on its current frequency, 94.3 FM. The Council stipulated, however, that the station would have to submit additional paperwork by Oct. 31; then the station would be able to sign a formal contract with the telecommunications ministry.
September 3
Veljko Vicevic, Novi List, LEGAL ACTION
Tihana Tomicic, Novi List, LEGAL ACTION
The Croatian Democratic Union (HDZ), the ruling party of Croatia, brought libel charges against Vicevic, editor in chief of the independent daily Novi List, and Tomicic, a columnist for the newspaper. The charges stemmed from a recent column by Tomicic in which she compared the political climate in Croatia before its first regional elections, held in 1990, to the situation in Germany just before Adolf Hitler became chancellor. The charges were filed under Article 71 of the Croatian Criminal Code, which forbids the publication or broadcasting of information deemed to be false and considered injurious to the "honor and reputation" of public officials. The law mandates up to three years in prison for offenders. CPJ wrote to President Franjo Tudjman on Sept. 4 to express concern over the charges against the Novi List journalists and others accused of similar offenses.
September 3
Ivo Pukanic, Nacional, LEGAL ACTION
Srecko Jurdana, Nacional, LEGAL ACTION
The Croatian Democratic Union (HDZ), the ruling party of Croatia, brought libel charges against Pukanic, editor in chief of the weekly independent newspaper Nacional, and Jurdana, a columnist for the paper. The charges were filed under Article 71 of the Croatian Criminal Code, which forbids the publication or broadcasting of information deemed to be false and considered injurious to the "honor and reputation" of public officials. The law mandates up to three years in prison for offenders. In filing the charges, the HDZ did not cite any specific articles published by Nacional, but it did single out Jurdana, who is known for frequently writing columns critical of HDZ leaders. CPJ wrote a letter to President Franjo Tudjman on Sept. 10 to express concern about the charges.
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