Transparency of Judiciary and Responsibility of Media

BIRN BiH

Through its judicial transparency project, BIRN BiH aims to increase understanding of and support for the work of the State and Cantonal and District courts processing war crimes in Bosnia and Herzegovina.

Summary

The project, which was launched in 2005, provides in-depth analysis of local courts and training to journalists. BIRN BiH analyses the level of transparency at local courts and prosecution offices and formulates recommendations for the smoother and more efficient processing of war crimes.

Through these activities, BIRN BiH promotes public awareness of war crimes trials, bringing the country closer to establishing truth and reconciliation. By dealing effectively with issues of the past it also contributes to Bosnia’s progress with Euro-Atlantic integration.

With this project, BIRN BiH works to maximize awareness of the work of local courts dealing with war crimes through objective, fair reporting.

As part of this project, the BIRN BiH team founded and runs the Bosnian Association of Court Reporters, and has conducted more than 50 workshops and trainings in local communities for representatives of the judiciary and media.

The project is supported through institutional grants from the Royal Norwegian Ministry of Foreign Affairs, the Federal Department of Foreign Affairs of Switzerland, and the MATRA Program of the Netherlands Ministry of Foreign Affairs. In addition, the project has received support from the United States Agency for International Development – Justice Sector Development Project II, and Konrad Adenauer Foundation.

Information Sheet

Main Objective:
BIRN BiH works to provide a comprehensive source of information open to the public, researchers and media, and involve Bosnian citizens and the wartime diaspora in the justice and reconciliation process. By making information available to the public, BIRN BiH advocates for a more efficient and transparent judiciary and public trust in judicial institutions.

Specific Objectives:

To maximize the awareness and knowledge of the work of local courts dealing with war crimes, among the target groups through objective, and fair reporting.

To conduct a progress report on the work of the local courts dealing with war crimes, ensuring that they are not left behind in the judiciary reform processes.

To seek common solutions to sector-wide needs and problems.

To incite constructive dialog between stakeholders including the judiciary, civil society, media and international community.

To involve BIH citizens and the wartime diaspora in the justice and reconciliation process, as key victims and witnesses, but also a vital factor in BiH’s community and future development.

Main Activities:

The BIRN BiH team also conducts progress reports on the work of the local courts, and seeks common solutions to sector-wide needs. BIRN BiH encourages constructive dialog between stakeholders in the judiciary, civil society, media and international community through workshops and trainings in local communities.
Target Groups:
The judicial transparency and media responsibility project targets the general public as well as local, regional and international media and judicial institutions, and civil society groups, local governments, and international policy-makers.
They include local journalists, editors of media outlets, public relations officers of the courts, prosecutor offices, and police, judges and prosecutors, as well as an OSCE representative.
Highlights:

BIRN BiH’s advocacy programme has been a leading facilitator of the dialogue between media and judiciary at the local and state level.BIRN BiH founded the Association of Court Reporters (AiS). Together we organize a series of meetings between local media and representatives of the judiciary each year. In 2013, BIRN BiH – AiS meetings were held in Travnik, Eastern Sarajevo, Doboj, Trebinje, Brcko District, and Sarajevo. Since the start of the project, BIRN BiH organized more than 70 workshops in local communities for representatives of judiciary and media.

BIRN BiH was the first organization in the country to notice the Court of BiH’s adoption of the Rulebook on Access to Information, and Instructions on Anonymization of Courts Decisions, Audio/Video Recordings from Trials and publicly address it.

Through the transparency project and consistent campaigning against censorship, BIRN BiH has succeeded in making the High Judicial and Prosecutorial Council in BiH (HJPC) to adopt a decision that should put an end to anonymisation of indictments, verdicts, and other courts’ audio-visual material. The decision is expected to be released in 2014.

BIRN BiH and AiS managed to introduce amendments to the existing Press Code of the BiH Press Council and the rules for journalists reporting on war crimes trials. It has also been a leading facilitator of the dialogue between media and judiciary at the local and state level.

In September 2009, BIRN BiH organised the first regional conference dedicated to judiciary transparency and the responsibility of the media, which brought together all the major actors from ex-Yugoslavia.

BIRN BiH established a partnership with FBiH Association of Prosecutors in order to have better impact on judiciary representatives over workshops that will be organized in the following years.

BIRN Holds ‘Public Money for Public Interest’ Workshops

Forty local civil society representatives attended two workshops in Belgrade in May as part of the “Public money for public interest” project, which is being implemented by BIRN Serbia in cooperation with the Independent Association of Journalists of Serbia and Slavko Curuvija Foundation, and financed by the European Union. 

The workshops focused on education in the fields of defining the public interest in the media and monitoring the flows of public money in the local media.

The first workshop from May 15-17 gathered 14 organizations across Serbia that were interested in learning how to include citizens in the process of defining, implementing and monitoring the public interest in the media.

Through practical work, participants had chance to familiarize themselves with conditions and obstacles related to the implementation of participatory projects.

The second workshop, entitled “Research techniques and monitoring public money in the media sector,” ran from May 24-26.

Twenty CSO representatives were introduced to basic models and mechanisms on how public money is spent in the media sector. During the workshop participants acquired skills that will enable them to monitor the effect of spending public money on media content creation.

Both groups of participants will have an opportunity to continue working on the “Public money for public interest” project as researchers or as grantees in further project phases.

Nataliya Apostolova Urges Kosovo Law Students to Vote at a Forum Organized by BIRN Kosovo

On May 30th, students from the University of Prishtina’s, UP, Faculty of Law engaged in a discussion with the Head of EU Office in Kosovo, Nataliya Apostolova, moderated by BIRN Kosovo Executive Director Jeta Xharra. 

During the discussion, Apostolova provided a comprehensive overview of the relationship between Kosovo and the EU. She also congratulated Kosovo on its continuous commitment to advancing its path towards EU integration.  

Apostolova, a firm believer that education remains a key driver of a democratic state’s long-term competiveness and growth, said that Kosovo should focus on improving the quality of education. Students presented their concerns about Kosovo’s current situation as one of the most isolated citizenship regimes in the world in terms of freedom of movement. Apostolova responded by highlighting the importance of visa liberalization for Kosovo’ citizens, and she confirmed the EU’s full support on further advancing this process. However, she noted that Kosovo should fulfill the remaining criteria, including the finalization of the border demarcation agreement with Montenegro, which is a condition for visa liberalization. The EU remains committed to Kosovo’s European future, she emphasized, and the EU is eager to see Kosovo seize this opportunity.

The guest speaker urged the participants to make use of their fundamental right to vote in the upcoming parliamentary elections.  It remains within the citizens’ responsibility, Apostolova said, to uphold Kosovo’s democracy by casting their choices for the political leaders. The failure to vote, she continued, not only implies consent to the existing public officeholders’ governance, but also equates to forfeiture of any right to complain about the current government officials, regardless of how incompetent or corrupt they might be.

The interactive debate was part of BIRN Kosovo’s series of forums organized in collaboration with the UP Faculty of Law.

 

 

BIRN Albania Trains Journalists on Crime and Court Reporting

The Balkan Investigative Reporting Network in Albania held a three-day training session on May 19-21 in the city of Durres, which aimed to sharpen the skills of local reporters in court and crime reporting. 

The training was made possible with support from the USAID funded “Justice for all” project.

About 15 journalists from Tirana and across Albania participated in the three days of training, which provided a guide to the court system in Albania, basic methods and techniques of court reporting and the access to court records through the freedom of information law.

The training also focused on the definition of the public interest angle while reporting judicial and criminal cases, protection of sources and whistleblowers and the best practices in the region and internationally on court transparency.

The training aimed to strengthen the skills of mid-career journalists to report from the courts and the prosecutor’s office in Albania as well as from other law-enforcement institutions.

Presentations were given by Dorian Matlija and Irena Dule from the Respublica legal centre in Tirana; BIRN Albania editor Besar Likmeta and Flutura Kusari and Elira Canga – authors of an upcoming guide on crime and court reporting to be published by BIRN Albania.

A special presentation for the attendees was held by the Chief Justice of the Court of Korca, Admir Bilishta, who explained the new role that court press officer will have in granting journalists and the public greater access to documents and verdicts.

The three-day workshop will be followed by on the job training and mentoring for the journalists by BIRN Albania editors, which will commission and publish reports from the judiciary as the country gears to implement a key reform of the justice system.

BIRN Macedonia Database Wins EU award

Aleksandar Dimitrievski, author of BIRN’s database for agricultural subsidies, was awarded the first EU prize for investigative journalism for 2016, at a ceremony in Skopje, Macedonia on May 26.

The database documents agricultural subsidies granted to individuals and companies over four years, from 2010-2014, worth about 450 million euros. 

The database, compiled from data obtained through access to information requests, shows the main companies that won public money and how much the invested funds have contributed to the development of agriculture and food production in the country.

Zoran Jovanovski, from the programme 360 degrees, won the second prize for a story on the environmental impact of the Oslomej mine. Slavica Filipovska, also from 360 degrees, won the prize for best young investigative journalist for a story on how Macedonians obtain Bulgarian passports.

BIRN Kosovo Organizes a Discussion between Law Students and the Head of EULEX

On May 25th, law students in Kosovo enjoyed an interactive discussion with Alexandra Papadopoulou, the Head of European Union Rule of Law Mission in Kosovo, at a forum organized by BIRN Kosovo in collaboration with the University of Prishtina’s Faculty of Law. 

Alexandra Papadopoulou delivered her opening remarks to a welcoming audience, which included future lawyers, prosecutors, and judges. During the discussion, which was moderated by BIRN Kosovo Executive Director Jeta Xhara, Papadopoulou presented her remarks on the current state affairs, including the upcoming parliamentary elections in Kosovo.

Shortly after providing the audience with a brief introduction on EULEX’s mission in Kosovo, Papadopoulou applauded the students and noted that she was delighted to have been invited to chat with such a promising bunch of young people. Students raised questions of various natures, and specifically were interested to know more about EULEX’s current mandate and its role in strengthening the rule of law in Kosovo.

Considering that Kosovo’s general parliamentary elections are rapidly approaching, Papadopoulou urged students to exercise their civic right to vote; since Kosovo’s young voters account for a large portion of the voting population, the youth vote is seen as a driving force for affecting political change.

A functional democratic society, she noted, is attained through citizens’ active participation, including that of the younger generations. It is the citizens’ responsibility to hold their leaders accountable, she declared, and all citizens should not neglect the importance of voting and its power to initiate change.

 

Kosovo Albanian and Serb Civil Society and Media Agree to Further Cooperation

On May 23rd, in Prishtina, a third roundtable was held with the title “Perception of NGOs and Media in their role and engagement in the Brussels’ dialogue,” organized by the NGO New Social Initiative (NSI) from Mitrovica and BIRN Kosovo as part of the project “Increasing capacities and credibility in Albanian and Serbian NGOs and media in Kosovo”.  The purpose of this UNMIK-funded project is to establish cooperation between Kosovo Albanian and Kosovo Serb civil society and media organizations.

The moderator of the roundtable was Lazar Rakic from the Alternative Dispute Resolution Center. He asked the media and civil society representatives whether they have a system of exchanging experiences and information sharing in regards to the Kosovo-Serbia dialogue process.

“I think that there has been enough space for the civil society to be engaged indirectly in the dialogue. Part of the blame is with the government; they haven’t always been forthcoming with discussions, and there was something they were not telling us,” Shpetim Gashi from the Center for Inclusive Governance said.

Sonja Sovrlic from RTV Mir in Mitrovica said that this is a painful topic for Belgrade, and that Pristina has not included many people in the process. She added that some of the agreements reached have been lacking in clarity, with clear divisions in how Albanian and Serb media report on the issues. Some agreements have still not been implemented, she said.

Lura Limani from Prishtina Insight emphasized that only after media lobbying, and in particular the lobbying efforts of BIRN, did the Brussels-negotiated agreements become publically accessible. She also emphasized that the negotiation process lacks the involvement of Kosovo Serbs because Belgrade speaks on their behalf; meanwhile, she said, Kosovo Albanians also do not feel that they are part of the process.

Shkelqim Hysenaj from the Association of Journalists in Kosovo argued that the dialogue process has been plagued by several failings, including negotiators not responding to phone calls from journalists. Additionally, there have been issues with transparency, and both teams have not had strategies for communicating with the public and the media, or how to discuss the agreements with other ethnic groups. He said that the Kosovo representatives have not answered why there is no person of reference to communicate directly with journalists.

Milica Andric from NGO Aktiv in Mitrovica said that it is problematic when negotiators are not well informed about the situations of people in reality. According to her, implementation is the most crucial aspect of the dialogue process.

“There are so many small practical problems which can be easily solved, but are important because without them, you cannot get into the fruitful aspects of the agreements. For instance, if you don’t have access to IDs, or drivers’ licenses, you cannot get into verification of diplomas, or the agreement on license plates.”

The roundtable also included representatives from Epoka e re, Tribuna, BIRN, and Kosovo’s public broadcaster, RTK. Participants were eager to continue such discussions on the dialogue between Kosovo Serb and Kosovo Albanian civil society and media organizations.  Prior to this roundtable, two other roundtables were held in North Mitrovica and in Leposavic, where similar concerns and issues were raised.

BIRN Macedonia Shortlisted for Data Award

BIRN Macedonia’s database, Foreign Investments Uncovered, has been shortlisted among five others nominated for the Data Journalism Award 2017 in the small newsrooms category.

Of 573 projects from around the world, 69 were selected in 11 categories.

The competition is organized by Global Editors Network, with support from the Google News Lab, the John S. and James L. Knight Foundation, and in partnership with Chartbeat.

Simon Rogers, Data Editor at Google News Lab, is the director of the DJA competition, which takes place under the presidency of Paul Steiger, chairman of ProPublica’s board of directors.

This year, the prizes will be awarded at a special ceremony at the Hofburg palace in Vienna during the seventh annual GEN Summit on 22 June 2017.

Previous winning organisations include BuzzFeed, Quartz, The New York Times, The Guardian, ProPublica, La Nación as well as smaller organisations such as Ojo Publico, Civio Foundation and Convoca.

The database Foreign investments Uncovered investigates the results of the Macedonian government’s policy of attracting foreign investment.

It shows that the amount of the investments than seven times lower than the goverbnment announced, and that the number of people who gained employment through these investments was three times less than they predicted.

Justice Sector in Bosnia Needs Urgent Reform

The Balkan Investigative Reporting Network in Bosnia and Herzegovina, BIRN BiH, organized its third and final presentation of its analysis, “Bosnia’s Justice Sector Reform: Optimism and Delay’,” on May 23, 2017 in the American Corner in Mostar.

The key issues for lawyers and representatives of veterans’ organizations were seen as transparency and the efficiency of the state and local courts.

Talking about the quality of indictments and about the cases now in front of Bosnia’s state court, Zvonko Vidovic from the Office of the Legal Aid for Defenders, said the quality must be improved.

“What will be the legacy of the current judiciary? The state court needs to reorganize immediately and send more cases to the lower level courts if we want to see results,” Vidovic explained.

“I am very interested in the justice sector in BiH being demystified. They have abolished the principle of material truth. Now, we do not establish truth in justice. We suffer because truth is not in justice,” Nenad Gvozdic, a lawyer from Mostar said.

Analysis on the implementation of the State Strategy for Justice sector reform between 2014 and 2018 was carried out with the support of the US embassy in Sarajevo.

 

 

Youth Initiative for Human Rights (YIHR)

PARTNER
YIHR was formed in 2003  in order to enhance youth participation in the democratisation of the society and empowerment of the rule of law through the process of facing the past and establishing new, progressive connections in the post-conflict region of the former Yugoslavia

The mission of YIHR is to protect the victims of human rights violations, establish new connections in the region among the post-war generations, and include the young in the process of transitional justice through promoting the truth about the wars in former Yugoslavia.

The Youth Initiative for Human Rights promotes truth, justice, responsibility and equality as basic values. The organisation has offices in Belgrade, Prishtina, Podgorica, Zagreb, and Sarajevo.

Web: www.yihr.org