Adjudication of the Press Council of Kosovo on the complaint of Mr. Zeqir Shamolli against “Express” newspaper
5 December 2008Kosovo Press Council in Prishtina, in its session held on 02 December 2008 upon reviewing the complaint of Zeqir Shamolli, filed against “Express” newspaper for publishing the following articles: “Prosecution is defending the crime” dated 22 August 2008 and “Charges are pressed against Hilimi Zhitia” dated 30 October 2008 rendered the following:
ADJUDICATION
-the complaint is not upheld
REASONING
The Complainant Zeqir Shamolli, businessman, filed a complaint against Express newspaper in relation to articles: “Prosecution is defending the crime” dated 22 August 2008, which allegedly has stained the name of the applicant and his company “Eurokos” in Prishtina, because the article says that “Kosovo Prosecution has exerted pressure on the Prosecutor Ramadan Sulejmani from Ferizaj with the intention of heaving him stop the criminal prosecution against him (the complainant)” the case was allegedly related to a criminal offence of smuggling of goods.
“Express” newspaper was again mentioned in relation to the second article entitled “Charges are pressed against Hilmi Zhitia” dated 30 August 2008”, “where the name of the complainant is quoted together with some untrue statements which have caused “both moral and material damage” to the complainant. It is also stated the Express has entirely published the reaction of the complainant without any intervention, however the complainant is not satisfied by this. The reaction published on 31 October and 1 November 2008, entitled “it is an honour to stop the humiliation!” (1 and 2), provides full clarifications according to the standpoint of the complainant, the articles which accuse three prosecutors from Ferizaj for “protection of crime” and where the name of complainant was brought up, however “this is not enough for the complainant Zeqir Shamolli.
The Press Council considers that by publishing the entire reaction of the complainant, Express newspaper has met its obligation which derives from the Press Code, namely Article IV paragraph 1. The full reaction, published in the newspaper provides detailed clarification on the entire judicial procedure against Zeqir Shamolli, and the public is well informed on all approvals and refusals of the judgements rendered in relation to his case.
Although the complainant assesses that not all issues that were raised in relation to mentioned articles were clarified through his reaction, Press Council assesses that “Express” has offered the possibility to all parties involved to present their views, including Zeqir Shamolli who had the opportunity to present his arguments.
It is worthwhile mentioning that the complainant has attached the judicial decisions on his criminal prosecution process for smuggling of goods, which are still pending, however the Press Council is not competent do adjudicate or take any decision on them, because they are judicial matters.
Press Council of Kosovo considers that pursuant to our Press Code, “Express” newspaper is obliged to entirely publish the final judicial decision which is related to the issues treated by the published articles.
The decision was taken as in the ruling of the present adjudication.
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