The Acting Director General of the Radio Television of Bosnia and Herzegovina (BHRT), Belmin Karamehmedović, sent the Office of the High Representative (OHR), headed by Louis J. Crishock, and the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH), President Sanin Bogunić, a request for an urgent and decisive reaction to protect the integrity of the judicial system and the personal and professional safety of judges in the Republika Srpska.
The request was also sent to the Trade Union of the Republika Srpska judiciary, i.e. to its president Sinisa Petrović.
BHRT states that they are witnesses to, as they point out, “unprecedented and orchestrated media-political campaigns (hunts)” directed against judges who act or have yet to make decisions in executive and civil cases that BHRT leads against Radio and Television of the Republika Srpska (RTRS), in order to collect the legally defined revenue from the RTV tax.
In the letter, it is emphasized that the judicial proceedings conducted before the courts in Republika Srpska are of great importance for the survival and functioning of BHRT as a public broadcasting service at the state level.
“However, in recent days, instead of legal and undisturbed conduct of court proceedings, judges face public lynching, political labeling and direct threats from officials and the media under the control of the authorities in the RS,” the request states.
BHRT states that in the programs of the RTRS, judges who make decisions in accordance with the law are publicly declared “traitors”, accused of working against the interests of the entity, and that in this way they are directly influenced with the aim of passing judgments in favor of the RTRS.
According to the letter, an atmosphere of fear and insecurity is being created in which judges are prevented from freely, impartially and independently applying the laws and making decisions based on the evidence in the case files.
“Statements in the RTRS programs represent ‘drawing a target on the forehead’ of the judge. It is enough for one out of 600 workers to make a wrong move that can cause serious consequences,” the BHRT letter states.
BHRT submitted a complaint to RAK
The BHRT states that, although they do not believe in the urgent and special reaction of the BiH Communications Regulatory Agency (RAK BiH), they have sent a complaint to that institution.
In it, as stated, they recalled the Code on Audiovisual Media Services and Radio Media Services, which stipulates that audiovisual media services and radio media services respect human dignity and the basic rights of others.
The Code, as recalled by the BHRT, stipulates that a clear and immediate risk of causing negative consequences, which include, but are not limited to, death, injuries, damage to property or other types of violence, i.e. interference with police activities and medical services or activities of other services for maintaining public order and security, will not be transferred.
Article 5 of the Code stipulates that all program content, especially informative and political programs and programs on current events, should be fair, impartial and balanced.
“Fairness, impartiality and balance are achieved by publishing all opposing views, either in the same program or in a series of other programs that represent a whole in the processing of a certain topic,” states BHRT.
They particularly highlight Article 15, paragraph 3 of the Code, which prescribes the obligation of the media service provider to respect the right to privacy of all persons involved in the proceedings, in any capacity, during the court proceedings.
BHRT: The narrative undermines the constitutional order and the principle of separation of powers
The letter assesses that this kind of public narrative directly undermines the constitutional order of Bosnia and Herzegovina and grossly violates the principles of the separation of powers, “turning the judiciary into a target for political calculations”.
BHRT reminds that, according to Annex 10 of the Dayton Peace Agreement, the High Representative is the final authority for the implementation of the civilian aspects of the peace agreement, which, as they state, directly includes the protection of institutions of the rule of law and ensuring the smooth operation of the judiciary against political blockades and pressures.
At the same time, it is stated that according to the Law on the HJPC of BiH, the Council has an explicit legal obligation to ensure an independent, impartial and professional judiciary, while Article 17 of the Law orders the HJPC to intervene and protect judges and prosecutors whose independence is threatened by political or any other external influences.
Requests to OHR and HJPC
Because of the powers they have, the BHRT demands from the OHR and the HJPC of Bosnia and Herzegovina that they take concrete measures without delay.
They request from the HJPC:
to urgently form a working group or commission that will examine specific pressures on judges in cases between BHRT and RTRS and provide them with legal, professional and institutional protection;
that the HJPC, in cooperation with the competent police authorities, assess the security of judges acting in disputes between BHRT and RTRS, as well as their families, and that, if necessary, assign them physical protection measures.
They ask the high representative to use his authority and mandates in order to sanction political officials who, according to the BHRT, directly violate the principles of judicial independence and publicly target holders of judicial functions.
They jointly ask the OHR and the HJPC to issue “harsh and urgent press releases” in which they will condemn the political and media pursuit of judges in Republika Srpska and send a clear message that interference in ongoing court proceedings is inadmissible and “targeting” of judges is a criminal offense.
BHRT: Attacks can also endanger lives
The request states that attacks on judges who act in disputes between BHRT and RTRS, which are given extremely large media space, represent a direct attack on the rule of law in Bosnia and Herzegovina, but can also lead to endangering lives.
“Current statements and texts encourage public lynching and direct endangerment of the judge and her family, which is why the case should be subject to investigation by police agencies and the prosecutor’s office,” it states.
The BHRT assesses that the unjustified and aggressive labeling of judges during open proceedings is considered an impermissible pressure on the independence of the judiciary and the rule of law in Bosnia and Herzegovina.
“Therefore, the passivity of the HJPC, the umbrella judicial regulator and the international community, would send a dangerous message, that is, it would enable political power to suspend legality and open the way to anarchy,” the letter warns.
In the end, an urgent reaction is expected from the OHR, the HJPC and the Republika Srpska Judiciary Union.
The letter was signed by acting General Director of BHRT, Belmin Karamehmedović.
