One of the key pointers on the new Kostunica regime will be whether
Filopovic is released. Filipovic was imprisoned for revealing evidence of
Yugoslav military atrocities in Kosovo. An appeal has already been made.
The report below from IWPR is full of international connections, including
no doubt ones not far from western governments and funding agencies. It
would be surprising if western imperialist influences did not foster such
initiatiatives.
But it would also be surprising if journalists like Filipovic did not turn
to outside assistance. There is no doubt that there has been massive
interference in the former Yugoslavia, but there is also an issue of
whether Yugoslav civil society could investigate possible atrocities by the
forces of the state.
Indeed had there been a more open and pluralistic civil society in
Yugoslavia it is arguable that nationalist excesses might have been less.
Ultimately they have weakened not strengthened the cause of socialism in
the former Yugoslavia.
The question internally now is whether Kostunica will follow the example of
Tudjman's successor in Croatia. He appears to be every bit as nationalist
as Milosevic, but a stickler for law and an advocate of pluralism.
> From the Guardian,
>
>Saturday September 30, 2000
>
>The president of Croatia, Stipe Mesic, yesterday sacked seven army
>generals for complaining that the government was insulting the memory of
>the country's war for independence by prosecuting alleged war criminals
>for atrocities committed against Serbs.
IWPR briefing on Filipovic below.
Chris Burford
London
IWPR Correspondent Convicted of Espionage
Miroslav Filipovic, a contributor to the Institute for War and Peace
Reporting (IWPR) and Agence France-Presse, has been sentenced to seven
years in jail for espionage and "spreading false information". Filipovic,
who is also associated with the Helsinki Committee for Human Rights in
Serbia and writes for the Belgrade daily Danas, was investigated in
connection with articles he wrote for IWPR training and reporting projects,
including one on Kosovo quoting military sources on atrocities committed
during the NATO campaign.
Filipovic's only "crime" has been to undertake exactly the kind of
truth-telling the international community has urged the people of Serbia to
begin. He deserves support in his own right, and to help ensure that his
case does not become a pattern.
In August, his health began to deteriorate seriously, with weight loss and
a heart condition, and he has been moved to a military hospital.
Significance of Case
Support for Filipovic must be a central part of the emergency response to
the Serbian media crisis. His conviction signals an extremely harmful
precedent for media development and other democratisation efforts.
* The case sets a dangerous precedent for Serbian journalists who work with
international organisations. His case could be used to brand democratic and
independent voices who depend on outside support as spies, and other
arrests could follow.
* The case has contributed to the prevailing climate of fear and
self-censorship in Serbia.
* The consequence of not making all efforts on his behalf could damage
international programmes and the larger goal of openness. Those in the
region willing to go to the front lines of political change must be
confident they will have full support.
* Another target may be journalists' sources.
Status of Case
Filipovic is the first journalist to be sentenced for espionage in recent
times in Yugoslavia.
* The sentence is seven years in jail.
* Formal charges of espionage and "spreading false information" were
announced in Nis June 16.
* Filipovic was first detained in Kraljevo May 8, released May 12, and
imprisoned again in Nis May 22.
* Requests for release were refused, with the explanation that he is at
risk of fleeing the country and seeking to influence witness testimony.
* The trial took place on 25 and 26 July, mostly in closed session. Many
human rights organisations have protested against the closed procedure and
other aspects of the trial.
* The prosecution is filing an appeal seeking to increase the jail term;
defence counsel are appealing to overturn the verdict. An appeal would not
be heard until well into the autumn.
Legal Issues
Respect for the Yugoslav legal system must be expressed, but the outcome
appears to result from political considerations.
* Under Yugoslav law, a charge of "espionage" is based on collecting and
sending sensitive information to a foreign source.
* The definition of such sensitive material is broad and discretionary,
especially regarding military issues. The definition of "false
information," determined by the Law on Information, is also very broad and
discretionary.
Diplomatic and Campaigning Efforts
A strong international public campaign and discreet diplomatic efforts
offer the best chance for an early release and suspension of sentence.
* The most relevant precedent is that of three CARE humanitarian
workers-two internationals and one Yugoslav-who were convicted and then
granted clemency after an extended campaign and major press coverage. The
most important factor was engagement by international politicians and
diplomats.
* National governments, intergovernmental organisations working on the
region, and leading international negotiators for the region have been
informed of the case.
* The European Union and many western states, have raised concern over the
case, with widespread condemnation of the severe sentence.
* International representatives, including Freimut Duve, the OSCE
Representative on Freedom of the Media, and Jiri Dienstbier, special
rapporteur of the UN Commission for Human Rights, have raised concerns
about the case with the Belgrade authorities. Several other diplomatic
sources are working privately.
* IWPR continues to seek dialogue with the Yugoslav authorities.
* The case has attracted support from international press and human rights
groups, including Amnesty International (which has adopted Filipovic as
Prisoner of Conscience), Canadian Journalists for Free Expression,
Committee to Protect Journalists, Index on Censorship, International
Federation of Journalists, Reporters sans Frontieres, the World Press
Freedom Committee, and many others.
* Press coverage in international media has included reports in the UK
press and electronic media, as well as international agencies (Reuters,
AFP) and European newspapers, and several TV reports (such as CNN).
* Filipovic has been nominated for several major press and human rights
reporting awards, including the prestigious Amnesty International Global
Award for Human Rights Journalism. He has been named NetMedia's European
Internet Journalist of the Year.
Further support is needed to raise public awareness, build international
pressure and open diplomatic channels to work for his early release.
Additional financial assistance is also necessary to support the family and
the legal defence, as well as the campaigning efforts.
