The Basic Court in Berane assessed that Nikola Raičević i Milić Ralević consciously tried to influence the decision of the "Vijesti" photojournalist Boris Pejović on whether to publish photos of the removal of the memorial to the Chetnik commander and war criminal Pavlo Đurišić in Gornji Zaostar, for which he sentenced them to six months in prison.
This is stated in the first instance verdict of the Berane court, and they will serve their sentences in the premises where they live, and during their sentence they are not allowed to leave home except in cases prescribed by law.
Raičević and Ralević were found guilty of the crime of coercion, and the court found that on August 8 last year, at around 14 p.m., at the place where the memorial was being removed, they approached Pejović while he was carrying out a journalistic assignment, took a photo with him, and then addressed him with words that the court assessed as a threat.
According to the verdict, after photographing him, they told him they had the photo “so we can find you more easily if you publish the photos of the removal of the memorial to Pavle Đurišić.” The court concluded that this caused Pejović to feel fear and threatened his life, but also that the message was aimed at preventing him from publishing material of public importance.
The reasoning of the verdict states that Pejović was not a participant in the event, but a photojournalist who was in a public space covering the actions of the authorities and an event of public interest. The court accepted his testimony as clear, convincing and supported by other evidence.
During the proceedings, Pejović said that he had come to Gornje Zaostro on assignment from the editorial office, that he had photographed the removal of the memorial, and that the defendants had approached him after they noticed that he was filming. He stated that they had photographed him, addressed him with threatening words, and that he had felt afraid because of this, especially considering the atmosphere at the scene and the large number of citizens gathered.
The court did not accept the defense of the defendants, who denied that they had threatened Pejović and claimed that they did not know that he was a journalist.
The verdict states that their defenses are illogical, contradictory and aimed at avoiding responsibility.
Raičević claimed that he had no intention of threatening the photographer, but rather that he had asked him why he was taking their photos. He also said that he later apologized to Pejović if he had “said something bad” to him. Ralević claimed that he had not participated in the threats and that he had no intention of preventing anyone from doing their job.
The court, however, concluded that their behavior constituted serious pressure on the photojournalist and an attempt to influence his professional decision. The verdict emphasizes that this was not a simple misunderstanding or unpleasant communication, but a procedure aimed at preventing the publication of information and photographs.
It was particularly emphasized that freedom of journalism does not only include the right of journalists and photojournalists to collect information, but also to publish it, without pressure or intimidation, when it is of public interest.
The prosecution claimed during the proceedings that Raičević and Ralević tried to force Pejović not to publish photographs of the removal of the memorial and that they thereby directly threatened freedom of information.
The defense, on the other hand, requested an acquittal, stating that it had not been proven that the defendants had committed a criminal offense, and that the words they were accused of did not constitute a serious threat.
The court rejected such allegations, assessing that the key allegations of the prosecution were confirmed by the statements of the injured party, witnesses and material evidence.
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