Milan Radonjić’s lawsuit against Aleksandar Olenik rejected
Izvor: ANEM
In explaining the verdict, judge Vera Sredojević concludes, among other things:
“…In a situation where it is about a court proceeding that has attracted considerable public attention, such as the murder of Slavko Ćuruvija, there is a strong public interest in information concerning the work of the judiciary and the actors in such cases. The publication of information about the relationship between the judge and the former head of the DB, if true, may be of importance to the public in the context of the perception of the independence and impartiality of the court. From the content of the disputed publication, it undoubtedly emerges that it primarily deals with the alleged relationship of the judge with the former head of the State Security Agency, and consequently the primary goal of that publication criticizing or questioning the integrity of the judiciary. Although the plaintiff is mentioned in the context of the acquittal for the murder of Slavko Ćuruvija, that mention serves as an illustration of the judge’s potential connection with someone from the former state security structure. Citizens have the right to know whether there are circumstances that could affect the objectivity and independence of the judiciary in the context for the claim about the judge. As ordered by the court, the primary purpose of the publication is not to impersonate the plaintiff as a murderer, but to point out the judge’s potential relationship at issue. The fact that the plaintiff was legally acquitted is an important detail, but that fact in itself does not mean that mentioning that context is aimed at damaging his reputation, especially when the publication is focused on a third party (the judge). In a democratic society, freedom of speech and media includes the right to critically review the work of public institutions and public office holders. Judges are holders of public office and their work is subject to public criticism. Information concerning their objectivity and integrity, especially in connection with significant court proceedings, is generally considered to be of public interest. Although the prosecutor is mentioned in an unfavorable context (“Acquitted murderer of S.Ć. “), it is a secondary effect of the publication whose primary focus was on the other person and issues of public interest. In addition, the prosecutor, who has the burden of proof in terms of Art. 231 of the Civil Procedure Act, he did not prove that his reputation and honor were actually harmed by the disputed publication. Only a subjective feeling of being offended is not enough, but he had to prove that the publication resulted in an objective reduction of reputation in the eyes of the environment or the public, as well as that the primary intention of the publication was to portray him as a murderer and to cause him harm in that way, and not to criticize the judicial system or the judge. Although the plaintiff was acquitted, he was an actor in a high-profile trial that attracted public attention and his association with that event, even though he is not a public official, puts him in a position where the public has an interest in information about the case…”
This is a first instance decision. Lawsuits were filed against the lawyer Olenik by Ratko Romić and Miroslav Kurak, who were also tried for the murder of journalist Slavko Ćuruvija and who were sentenced in two first-instance verdicts, together with Radomir Marković, head of the Department of State Security, to a total of 100 years in prison, only to be acquitted by the Appellate Chamber after a nine-year trial. The three then filed more than twenty lawsuits, including lawsuits against the Slavko Ćuruvija Foundation, which was established by the children of the murdered Slavko Ćuruvija. This is probably the largest series of SLAPP lawsuits (22 in total), aimed at ending reporting and debate about this controversial trial and the impermissible relationship between the judiciary and State Security, or BIA, as attorney Olenik pointed out.
The next hearing on the lawsuit of Radonjić, Romić and Kurak against the Slavko Ćuruvija Foundation is scheduled for Monday, June 23, also in the Second Basic Court in Belgrade.
Veran Matić, Chairman of the Board of Directors of ANEM (Association of Independent Electronic Media)
The entire text of the verdict can be read on the portal Javni servis׃
Djordje Jokic