Published on 10 May 2021
SECOND SECTION
Application no. 24738/19
Ilir GAŠI and Others
against Serbia
lodged on 30 April 2019
communicated on 20 April 2021
SUBJECT MATTER OF THE CASE
The applicants are journalists and civil sector activists, frequently criticising the Government and the authorities. In early 2016 they protested against a lack of transparency of two large-scale construction projects in Belgrade, and the changes in the management of Radio-Television of Vojvodina. In May and June 2016 several pro-Government journalists and media outlets accused the applicants of, inter alia, being foreign agents who wanted to incite separatism and disintegration of the State, radicalise the protests, provoke conflicts with police and create chaos in Serbia, and that they should be criminally prosecuted for their subversive activities. One of the articles’ headlines also implied that the then Prime Minister (now President) would be killed, and the article itself contained photographs of the applicants.
The applicants filed a criminal complaint for racial and other discrimination, and breach of equality, against the individuals making such allegations but the State Prosecution and the Appellate State Prosecution rejected it. On 31 October 2018 the Constitutional Court rejected their constitutional appeal, which decision was served on them between 1 and 5 November 2018.
The applicants complain under Article 10 of the Convention that the State has not discharged its positive obligation to protect them from the threats and media campaign against them, which intimidated and dissuaded them to continue expressing their opinion on public matters.
QUESTION TO THE PARTIES
Has there been a violation of the applicants’ right to freedom of expression, contrary to Article 10 of the Convention? In particular, was there a positive obligation of the State to protect the applicants in the circumstances of the present case (see, mutatis mutandis, Palomo Sánchez and Others v. Spain [GC], nos. 28955/06 and 3 others, § 59, ECHR 2011; Appleby and Others v. the United Kingdom, no. 44306/98, § 39, ECHR 2003‑VI; and Dink v. Turkey, nos. 2668/07 and 4 others, § 137, 14 September 2010)? If so, has the State discharged that obligation?
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Ilir GAŠI
1980
Serbian
Belgrade
2.
Vukašin OBRADOVIĆ
1962
Serbian
Belgrade
3.
Antonela RIHA
1963
Serbian
Belgrade
4.
Tamara SKROZA
1973
Serbian
Belgrade
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