Johan Satler, the head of the EU Delegation in Sarajevo, sent a letter to the top leadership of the National Assembly of Republika Srpska the day before the session where the draft amendments to the Criminal Code will be presented, asking them to withdraw such a document.
In the letter, Sattler expressed the deep concern of the European Union about the criminalization of defamation and insult.
The letter that arrived at the address of Milorad Dodik, President of Republika Srpska, Radovan Višković, Prime Minister of Republika Srpska, as well as Miloš Bukejlović, Minister of Justice and parliamentary clubs, is transmitted in its entirety:
“Dear leadership of the National Assembly of the Republic of Srpska, I am addressing you to express the strong concern of the European Union regarding the draft amendments to the Criminal Code of the Republic of Srpska, which introduces a new chapter with crimes against honor and reputation, which you will consider starting tomorrow.
Such possible amendments to the Criminal Code would have long-term and harmful consequences, from limiting access to information to creating a climate of fear and repression, and, unfortunately, represents a big step back in the protection of basic freedoms, and thus a step back on the European path. The concerns of the European Union have already been clearly expressed both to the competent authorities of Republika Srpska and to the public, but a short reminder is not out of place.
Freedom of expression and the media and the protection of journalists are the backbone of modern democracies and essential values for countries aspiring to join the European Union.
The right to freedom of expression is contained in Article 10 of the European Convention on Human Rights and is reflected in 14 key priorities for BiH, as stated in the Opinion of the European Commission on the country’s application for membership in the European Union.
When BiH was granted candidate status, the decision was made with a clear and expressed expectation that work would be done on a whole range of reform areas. One of them is the strengthening of freedom of expression and media freedom.
Defamation was decriminalized in 2002 throughout BiH. However, the pressure on the media remained. In my recent meetings with the authorities of Republika Srpska in Banja Luka in early March, I expressed my concern about the unscrupulous behavior of politicians and public officials in BiH, who use lawsuits in civil proceedings to intimidate journalists and force them to self-censor. “Criminalizing defamation would only make an already bad situation worse,” Satler wrote.
We remind you that the session of the National Assembly of the RS, where, among other things, the amendments to the Criminal Code will be discussed, will begin tomorrow, March 14 at 10 am.