The International Press Institute (IPI) the global network of editors and media executives dedicated to media freedom, is deeply disturbed about the litigation war the Croatian government is waging on the independent media.

The leading independent Croatian newspapers are currently facing over 500 libel suits most of which have been filed by President Tudjman and his government in what is seen as an obvious attempt to smother the independent media and restrict their investigative capacities.

IPI is particularly concerned about the fate of Davor Butkovic – former Editor-in-Chief of Globus and founder and editor of the independent daily Jutamji List – who faces charges on 20 April 1998 of maliciously slandering all twenty-three ministers in President Franjo Tudjman’s government. Butkovic published an article that summarised the findings made in a study on Croatia by the US based “Kroll Risk Report”. The report indicated that the Croatian government was corrupt and influenced by organised crime.

If convicted, Butkovic faces up to eight years in prison and the publisher faces US$ 645,000 in fines.

IPI Press Freedom Adviser, Peter Goff, will monitor the proceedings in Zagreb on Monday in what IPI believes to be the latest attempt by the Croatian authorities to avoid public scrutiny and elude criticism.

That citizens should have legal redress against damaging false press reports is not in question. There are, however, two basic democratic points that must be taken into account. First, there is the basic right of the public to scrutinise their representatives. A questioning media keeps the essential checks and balances in place and permits the electorate to make informed decisions. The European Court of Human Rights has stated on numerous occasions that the limits of acceptable criticism and scrutiny for public figures are wider than for an individual. Croatia ratified the European Convention on Human Rights and its additional protocols on 5 November 1997 so subsequently has a legal obligation to comply with the European Court’s findings.

And second, the concept of proportionality. Punishment must be proportionate to the offence committed. IPI shares the view of the United Nations Commission on Human Rights when it states that “detention, as punishment for peaceful expression of an opinion, is one of the most reprehensible ways to enjoin silence, and, as a consequence, is a grave violation of human rights”. Furthermore, the granting of excessive damages in libel cases represents nothing more than a blatant attempt to silence the voice of the independent media.

IPI calls on the Croatian government to repeal the existing draconian libel laws, to stop it’s war of attrition with the free press, and to respect the fundamental principles of freedom of expression.