BiH Constitutional Court confirms: Businessman racketeering affair created to discredit TI BiH

The Constitutional Court found that the writings of Nezavisne novine, in a series of articles on organized racketeering of businessmen, allegedly carried out by TI BiH, had only one purpose – to discredit and slander an organization that is publicly recognized as a vocal critic of corruption.

Banja Luka, 25. January 2019 – The Constitutional Court of Bosnia and Herzegovina has issued a decision partially upholding the Transparency International Appeal in BiH (TI BiH) and finding that there was a breach of reputation due to an earlier article in Nezavisne novine about alleged racketeering of businessmen by TI BiH. The decision of the Constitutional Court annuls the verdict of the District Court in Banja Luka (which previously rejected the appeal of TI BiH in the procedure for protection against defamation), and the case is returned for a new decision. In this way, the outcome of the long-term legal struggle of TI BiH to protect its rights can be seen, which were grossly violated by unprofessional media reporting of Nezavisne novine and Glas Srpske. As a reminder, TI BiH filed a lawsuit for defamation damages in September 2008. year, and after all legal remedies had been exhausted, he was forced to appeal to the Constitutional Court.

The Constitutional Court has now determined that the writings of Nezavisne novine, in a series of articles about allegedly organized racketeering of businessmen by TI BiH workers, with the knowledge of the leadership, had only one purpose – discrediting and slandering an organization publicly recognized as a vocal critic of corruption.

Immediately before the publication of the disputed texts, TI BiH published an analysis and data on the damage from corruption that occurred in the privatization proceedings, and in connection with which he called to account the Government of the Republika Srpska. The regular courts did not consider this at all, and in the opinion of the Constitutional Court, it was a kind of trigger for creating a false affair. The Constitutional Court also found other omissions in the regular courts, and pointed out that Nezavisne novine did not act in accordance with professional standards, ethics, and that they did not respect the presumption of innocence.

In the coming days, TI BiH will publish a series of articles in which, respecting the reasoning of the Constitutional Court, it will present to the public how to create an atmosphere of lynching and campaigns against critics of the government, 10 years ago and today, where identical media in order to discredit any opposition to the authorities, presenting them as criminals or destroyers of the constitutional order.

Press rls – January 25, 2019

DECISION OF THE CONSTITUTIONAL COURT OF BiH