BHRT calls for urgent OHR, HJPC response over alleged pressure on judges in RTRS cases

BHRT said the proceedings concern the collection of revenue from the legally mandated broadcasting licence fee and are of crucial importance for the survival and functioning of the state-level public broadcaster.

The appeal comes after RTRS’s bank accounts were frozen on July 7 following an order by the District Commercial Court in Banja Luka and a final ruling from April requiring RTRS to pay BHRT 5.4 million Bosnian marks (€2.76 million).

RTRS previously said the account freeze had put the payment of August salaries for its 603 employees into question.

Judges publicly branded “traitors”

BHRT said that instead of being allowed to conduct judicial proceedings without interference, judges were facing what it described as public vilification, political labelling and direct threats from officials and media controlled by the authorities in Republika Srpska.

It specifically pointed to RTRS programmes in which, according to BHRT, judges issuing decisions in accordance with the law were publicly branded “traitors” and accused of acting against the interests of the entity.

“An atmosphere of fear and insecurity is being created in which judges are prevented from freely, impartially and independently applying the law and making decisions based on the evidence contained in the case files,” BHRT said.

The broadcaster argued that statements aired by RTRS amounted to “painting a target” on a judge and warned of potential consequences for the safety of judges and their families.

“It is enough for one of the 600 employees to make a wrong move that could cause serious consequences,” BHRT said.

Complaint filed with communications regulator

BHRT said it had filed a complaint with Bosnia and Herzegovina’s Communications Regulatory Agency (CRA) over RTRS programming, although it expressed scepticism that the regulator would respond urgently.

In its complaint, BHRT cited the Code on Audiovisual Media Services and Radio Media Services, which requires respect for human dignity and the fundamental rights of others and prohibits content posing a clear and immediate risk of negative consequences, including death, injury, property damage or other forms of violence.

BHRT also pointed to provisions requiring news, current affairs and political programming to be fair, impartial and balanced.

It further cited provisions requiring media service providers to respect the privacy of all persons involved in ongoing court proceedings, regardless of their role in those proceedings.

BHRT seeks concrete measures from HJPC and OHR

BHRT argued that the public rhetoric surrounding the cases “directly undermines the constitutional order of Bosnia and Herzegovina” and violates the principle of separation of powers by turning the judiciary into a target of political confrontation.

It called on the HJPC to urgently establish a working group or commission to investigate alleged pressure on judges handling cases between BHRT and RTRS and provide them with legal, professional and institutional protection.

BHRT also wants the HJPC, in cooperation with the relevant police agencies, to assess potential security threats to the judges involved and their families and, if necessary, provide physical protection.

The broadcaster called on the High Representative to use his authority and mandate to sanction political officials who, according to BHRT, directly violate the principles of judicial independence and publicly target members of the judiciary.

It also asked the OHR and HJPC to issue “strong and urgent” statements condemning what it called a political and media campaign against judges in Republika Srpska and make clear that interference in ongoing judicial proceedings is unacceptable.

Warning of potential security threats

BHRT said attacks against judges involved in the disputes with RTRS, amplified through extensive media coverage, constituted a direct attack on the rule of law in Bosnia and Herzegovina and could potentially endanger lives.

“The current statements and articles encourage public lynching and directly endanger the judge and their family,” BHRT said, arguing that the case should therefore be examined by police agencies and prosecutors.

It said unjustified and aggressive labelling of judges while proceedings remain ongoing constituted unacceptable pressure on judicial independence and the rule of law.

“Therefore, passivity by the HJPC, the umbrella judicial regulator, and the international community would send a dangerous message – that political force can suspend legality – and would open the way to anarchy,” BHRT said.

The state broadcaster concluded by reiterating its demand for an urgent response from both the OHR and the HJPC.