The first-instance verdict of the Basic Court in Banja Luka found that the mayor of Šipovo Municipality, Milan Kovač, committed direct discrimination against journalists Alena Beširević and Harun Dinarević by insulting and humiliating them.

The verdict found that Kovač, while speaking to Dinarević over the phone, uttered a series of insults, particularly emphasizing allegations about sexual orientation, and sexually humiliating Beširević.

“The Court finds that the defendant’s speech was anything but ordinary, cultured and normal speech of a person who at that time held the office of Mayor of Šipovo, a person who was previously a deputy in the National Assembly of the Republika Srpska and a person who should be – at least by the functions he held, if nothing else – a self-aware, decent and well-mannered man,” the first-instance verdict states.

The Court concludes that the content of such speech cannot be justified by anything.

“The Court finds that his speech contains all the elements of harassment, which is a form of discrimination, because with his speech he violated the dignity of the plaintiffs by attempting to intimidate, degrade, humiliate and insult them with numerous vulgarities,” the verdict states.

Lawyer Jovana Kisin Zagajac said that cases in which journalists and their right to freedom of public expression are protected are most often cases of defamation or possibly compensation for non-pecuniary damage, but that this case is different because it involves discrimination.

“The discrimination is clear, because the defendant very openly insulted, humiliated and created a hostile environment for both the male and female journalists who sued him, using protected grounds – different protected grounds in the case of each journalist – which is why he discriminated against them. That is why this case is specific,” Kisin Zagajac told Detektor.

She alleges that Kovač discriminated against journalist Beširević on the basis of gender, and against journalist Dinarević by classifying him as an LGBT person, regardless of whether he belongs to that protected group or not.

“This is important for case law: when discrimination is committed, it is absolutely irrelevant whether the victim actually belongs to a certain protected group or not — what is important is that the person discriminating uses a protected ground to humiliate someone or diminish their rights,” the lawyer explained.

According to the BH Journalists Association, this is the first non-final verdict for discrimination against journalists in Bosnia and Herzegovina.

Borka Rudić, Secretary General of the BH Journalists Association, says that this verdict carries the message that journalists should report cases of discrimination on any grounds.

“Especially on the basis of gender, and not giving up the right to safe and dignified work. This case is also a positive example of case law and the use of the provisions of the Law on the Prohibition of Discrimination in BiH, along with other laws, which were the basis for filing a lawsuit against the mayor, Milan Kovač, and the subsequent trial before the Basic Court in Banja Luka,” said Rudić.

After the publication of the investigative article “Šume Srpska in the Service of Dodik’s Financial and Political Well-Being” on the Naratorium portal, the mayor of Šipovo Municipality Kovač called the editor of the portal Dinarević and asked him: “What are you writing about me, what are you writing on the portal?” A series of insults followed, in which journalist Beširević was also insulted. The entire telephone conversation was recorded and made available to the public.

Beširević says that the mayor of Šipovo, using his position and power, tried to intimidate and humiliate them in a discriminatory manner, and that she does not agree with such behavior.

“As a woman and a journalist, I feel an additional responsibility to show that dignity cannot be subordinated to power. I am glad that the court recognized that Chief Šipov’s behavior was discriminatory and unacceptable as such. I see this verdict as a victory for the dignity of the journalistic profession over political power, which is why I consider it not only a victory for Naratorium journalists, but also a victory for the entire journalistic community in Bosnia and Herzegovina,” Beširević told Detektor.

Guided by other cases of insulting and humiliating journalists who went unpunished, Dinarević says that he himself did not expect any repercussions.

“He obviously counted on this impunity, because I am not the first journalist he has done this to. Fortunately, the BH Journalists Association believed that I should sue Kovač together with my colleague Beširević, and that is what we did, with their help. I admit that the first-instance verdict surprised me and that it showed that the abuse of journalists by powerful people will not always go unpunished. I see the decision of the court in Banja Luka as a possible encouragement to colleagues from the ‘guild’ to seek legal protection when they experience similar situations,” said Dinarević.

An appeal against this verdict is allowed to the Banja Luka District Court.

The source: Selma Melez, Detektor.ba