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OSCE and OHR Condemn Irresponsible Publication of Personal Data

 

OHR/OSCE | 9/8/2001
 

On Monday, Glas Srpski published a 12-page list of names provided by the Republika Srpska Government Documentation Centre in Banja Luka. The names purportedly belong to individuals who committed war crimes against Serb prisoners held in Bosnia and Herzegovina between 1992 and 1996.

The publication of this list by Glas Srpski represents a grievous contravention of acceptable press practice. It imputes guilt to individuals who have not had the benefit of due process of law. Unfortunately some media in this country publish names of people whom they declare to be war criminals all the time. The Glas Srpski case is made more egregious because of the apparent complicity of an official RS Government agency in this case.

The Office of the High Representative and the OSCE Mission to BiH therefore condemn in the strongest possible terms the RS Documentation Centre’s irresponsible communication of the names on this list to Glas Srpski and Glas Srpski's reckless publication of the list.

Divulging the personal data on this list and publishing it is prejudicial to the personal security of the individuals named. At the very least, it may wrongfully interfere with their freedom of movement from one entity to the other, a basic provision of the Dayton Peace Agreement.

OHR and OSCE appeal to all citizens of BiH not to tolerate any infringement of any individual's civil rights as a result of this type of incitement.

Associating the individuals on this list with crimes committed against one constituent people could amount to an incitement to racial hatred or hostility, which contravenes the RS Criminal Code.

The RS and its authorities are obliged to respect individual reputations as well as the right of freedom of expression. Article 19 and 20 of the UN International Covenant on Civil and Political Rights and Article 10 the European Convention on Human Rights state that the exercise of the right of freedom of expression carries with it special duties and responsibilities and is subject to restriction where public order and security are concerned.

In a statement on Tuesday, the RS Government Public Relations Bureau noted that the published list is only part of a body of material "which will be published very soon".

OHR and OSCE will register in the clearest possible manner with the Republika Srpska Government that the activities of the Documentation Centre in this respect are wholly unacceptable and incendiary in nature. If the Documentation Centre has information regarding war crimes, this information must be passed to the responsible judicial authorities or to the ICTY.

There is a clear distinction between freedom of expression, which is a basic democratic right and which the news media justly champion, and reporting which is calculated to spread ethnic hatred and which may threaten public order and security. A responsible press engaged in critical, accurate and balanced reporting is a prerequisite for building a viable democracy throughout Bosnia and Herzegovina.

For some months now, OHR and OSCE have been concerned about increased political interference with the media by the authorities in the RS. Last year, the High Representative and the OSCE Head of Mission announced a series of measures to promote journalistic freedom. This specifically included an intention to monitor, investigate and act upon allegations of the misuse of power by public authorities in relation to the media.

Recent events surrounding Glas Srpski and other publicly owned media outlets in the RS indicate that their editorial independence has been compromised by political interference. Accordingly, OHR and OSCE are launching a full investigation into this matter and necessary action will be taken.

The obligation to report responsibly rests equally with all media outlets in Bosnia and Herzegovina.

For more information please contact OSCE Acting Spokesperson Henning Philipp at ++ 387/66 144-300 or OHR Spokesperson Alexandra Stiglmayer at ++ 387/66 133-532.