By Loneta Progni

2020 has been a challenging year for journalists in Albania, who in addition to the pandemic have also faced attacks of various forms. Initially, a series of offensive words were used against journalists by the Prime Minister Edi Rama himself, such as: cauldrons, cadres, pigs, villains, unread, lazy, liars, parasites, etc. At least 12 journalists were directly attacked, escorted to police stations while they were doing their job, raped, their apartments or vehicles were attacked, etc. These events have provoked international reactions from Reporters Without Borders, Mapping Media Freedom, the International Press Institute, etc.

Various international organizations have criticized Albania in recent years, regarding the freedom of the media and the relations of the authorities in relation to journalists. Below we bring to the attention of journalists who have been detained, attacked, raped during the past year.

On the evening of December 10, on the second day of protests after the murder of 25-year-old Klodian Rasha by the Eagles, Ora News journalist Xhoi Malësia was detained by the police while he was on a live broadcast. The journalist also denounced the violence against him at the police station. Reporters Without Borders called for an independent investigation into the police’s abusive behavior.

“The feeling of being detained for me was an unprecedented experience, whether as a journalist or an ordinary person. It was a big mistake in all possible procedural aspects; an extremely serious action in accessing fundamental rights and freedoms.

My case is being represented by the Albanian Helsinki Committee. Currently, however, we face several “fronts” of justice. First, we filed a criminal report with the Tirana Prosecutor’s Office, where we claim that several criminal offenses were committed throughout the incident. Among the most important are “abuse of office” and “unlawful deprivation or obstruction of liberty”. Secondly, we are facing at the administrative level at the Internal Affairs and Complaints Service (CIA) at the State Police. There we allege procedural violations by police officers. And third, after concluding these two steps, we will file a civil lawsuit claiming civil and moral damages. The fourth step, if our justice will not provide an answer that we consider necessary, will be the lawsuit in the European Court of Human Rights (Strasbourg Court). This institution has handled similar cases and has a sufficient precedent for handling my case “, says Malësia.

Another act of violence during the December protests was committed by the police against the journalist and editor-in-chief of the newspaper Koha Jonë, Qamil Xhani. The aggression against Xhani was done while he was doing his job as a journalist very close to his editorial office. The arrest, handcuffing and ill-treatment of Xhani was also condemned by the Albanian Media Council as a disturbing signal that the police no longer respect any democratic standard, where the basic one is to allow free reporting from the field and not to harass journalists on duty.

The morning of October 30, 2020 marked another shocking event, after a quantity of explosives exploded in the courtyard of the house of the journalist of Nea 24 in Lezha, Elidon Ndreka. Thankfully there were no injured persons, but only material damage. Ndreka connects the event with the task he has been exercising for years as a field journalist, as he emphasizes that he and his family do not have personal conflicts.

On August 14, 2020, Ora News published the messages, which according to them, were sent to the phone of the president of “Yldon Media Group”, Ylli Ndroqi by the mayor Erion Veliaj. What stands out in these messages are the constant insults and threats against the journalist and the then director of information on this television, Beti Njuma. “I do not forgive her, we will be here.” “I cooperate with you, not with the idiot you got.” “You let a beast come in between us.” “A lot of courage after all.” These are just some of the messages where the journalist’s name appeared, and among other things there was pressure to change the editorial line.

On June 17, 2020, Report TV journalist Elvis Hila was escorted by police while reporting on the IKMT action in Shengjin, where several illegal constructions were demolished. The journalist denounced that the Chief of Order at the Lezha police station, Agron Qullhaje, took his phone and the police escorted him to the police station. According to Hilë, the chief of order Agron Qullhaje checked the journalist’s phone, violating his privacy.

May 17, 2020, after the collapse of the National Theater, marked another moment which provoked many reactions in Albania and abroad: violence against journalist Alfred Lela. Videos circulated in traditional and online media clearly showed the rape and escort of the journalist.

‘Mapping Media Freedom’ which has focused on the restrictions, threats and violations that affect media professionals in Europe, while they do their job, has reflected the arrest of the director of Politiko.al, Alfred Lela during the protest against the demolition of the National Theater. Through this reaction he condemned the arrest and called for public pardon. Similar reactions were posted by the International Press Institute and many national and international organizations. On the other hand, Prime Minister Edi Rama publicly denied the violence exercised by the police against the journalist.

After the demolition of the National Theater, episodes of violence and insults were recorded against reporters and field operators, including Report TV operator Mirsald Hajdarmataj, who was severely beaten and insulted by police.

On April 25, 2020, the road officer who was later suspended from duty Anxhelo Bardhi, accompanied by one of his friends, raped the journalist of Fier Xhoen Osmënaj, damaging his car.

March 10, 2020 marked another arbitrary escort to the police station by the police against Fax News journalist Bekim Bici. The European Center for Press and Media Freedom reacted to the illegal escort of journalist Bekim Bici, seeking clarification from the Albanian authorities. The Vienna-based International Media Institute also joined the reaction. On January 14, 2020, the car of the Lezha journalist, Gjergj Figuri, was deliberately attacked.

Will 2021 be the end of pandemic and also violation of freedom of speech?

In the past weeks, several cases have been threatening independence of journalists’ work in Albania through increased number of lawsuits against them, particularly investigative journalists. SLAPP (Strategic Lawsuits Against Public Participation) are becoming frequent in the Albanian media landscape as a mechanism to censor, intimidate or silence independent media, investigative journalists, and critics by burdening them with the cost of legal defense until they abandon their opposition or criticism. There have been three cases of SLAPP in Albania only in December 2020, contributing to deterioration of media freedom.

The SLAPP cases in December 2020 are related to the public-private partnership of the Government of Albania regarding incinerators in Elbasan. In the first week of December 2020, BIRN Albania was sued  for articles about the incinerator deal it had published. The second SLAPP case is against Artan Rama, an investigative journalist, who published an investigative article “Behind the scenes of a second contract for the Elbasan Incinerator” on 6 November 2020. Earlier, the Chief of Cabinet of the Ministry of Defense sued the journalist Juli Ristani, who published in the newspaper Shqip an investigative article about obtaining scholarships for military medical studies in Greece, offered by NATO.

BIRN Albania stood by the report and said they are ready to fight the matter in court. The lawsuit came after BIRN Albania published an article about incinerators. “The lawsuit is unfounded and intended to intimidate journalists through costly and lengthy legal processes to make them reluctant to report,” said BIRN Albania Executive Director, Kristina Voko for Citizen Channel. Asked by BIRN Albania, Artan Rama said that he stands by the published article and will defend it in court. “I think it has two purposes. First, an attempt by the company to present a positive image to the public, as by passing the case on to a court in hopes that it can publicly convey, a priori, the idea that an injustice has been done to it and second, a threat for any journalist involved in reporting on public-private partnership concession contracts, including these companies,” Rama said for Citizen Channel.

Media experts, civil society organizations, and other independent media organizations have reacted, emphasizing that these lawsuits have little legal basis but are being used as a mechanism to intimidate and censor the investigation of corruption.

Blerjana Bino, SafeJournalists Network researcher, points out that “In Albania, we are witnessing continuous attempts to crack down on independent media such as the case with SLAPP cases against investigative journalists and increase in criminal penalties for defamation. Recently, a working document of the Ministry of Justice, leaked in the media, shows the Government’s attempts to tighten further penalties for defamation, which is already a criminal offense in Albania contrary to international best practices. Thus, few independent media in the country face pressures, intimidation, and threats in various manners and who need support to counter abusive power.”

SafeJournalists Network, representing more than 8,200 media professionals in the Western Balkans, stands in solidarity with Albania colleagues and expresses concern about unfavorable court practices against the media. Also, SafeJournalists Network condemns the Government’s attempts to passrestrictive regulations by increasing defamation penalties and impacting independent media work.

Each attack on journalists is an attack on all citizens’ public interest, democracy, and rights.

Skopje – Belgrade – Podgorica – Pristina – Sarajevo – Zagreb, 11.12.2020.

Association of Journalists of Kosovo

Association of Journalists of Macedonia

BH Journalists Association

Croatian Journalists’ Association

Independent Journalists Association of Serbia

Trade Union of Media of Montenegro

The Chairman of the Media Council, Koloreto Cukali has been invited to a live broadcast on the show Për të fol by journalist Omer Saraçi where he has spoken out against the anti-defamation package.

“The government demands control over the media, especially when the upcoming elections are expected, after several months. It is very necessary to control the narrative of what is said. If this law is passed violently now, it will be a tool of self-censorship because no one will be able to write for fear of receiving 2-3 fines which will take him out of business. “It is a totally regressive law and at the wrong time,” said Cukali.

He added that to his knowledge it is a draft which is kept secret and is in consultation with the Council of Europe and also specified that the OSCE is not involved in the review of this draft. Cukali also said that this law deprives the Court of its right.

“The purpose of the first law, what we have seen and not the draft that we do not know what it is, was this, that AMA makes an enforceable decision immediately and you go to court after two years, but in the meantime you have been penalized and the fine is “harvested within three days of execution,” he said.

Asked if there could be another out-of-court institution that could rectify the situation, Koloreto Cukali said that self-regulation is the best way to resolve it and that members of the Alliance for Ethical Media Alliance through the Council are working to build a self-regulation mechanism. , which requires its own time.

“Europe has given it a solution, the best way is self-regulation. An institution, a grievance council but not set up by the government or government institutions. An institution set up by the journalists themselves who undertakes to resolve all grievances that citizens have with the relevant media. Will this work best? Will it solve all the problems? Of course not. In Germany there are media councils which have set up these mechanisms, but when the parties do not find a solution in These self-regulatory mechanisms have the final say only in the court, which is an intermediary institution for resolving problems amicably, but if the parties are not convinced of the decisions of these institutions, they always go to court and have all the necessary instruments to find a solution We are working to build such a mechanism. It takes some time. The pandemic did not help us because our whole life stopped but we will take the process for granted  on September and early October and we will build these mechanisms even if the government insists on passing the law by force in parliament. “These will be lifelong mechanisms, that law is not lifelong,” said the chairman of the Media Council.

Koloreto has taken the same stance about the anti-defamation pact on the show “Ilva Now” under the direction of journalist Ilva Tare where he was invited in direct contact during the discussion with other media experts.

Citizens of Sofia took to the streets on September 2nd to protest against corruption and abuse of power. Dissatisfied with the government led by Boyko Borisov and Chief Prosecutor Ivan Geshev, they demanded her resignation. According to eyewitness reports, police used excessive violence against protesters, journalists and media workers, something that is increasingly being seen in Europe.

The European Center for Freedom of the Press and Media said police used indiscriminate tear gas against journalists from various media outlets covering the protests. As a result, many media workers have sought medical help.

“Journalists and media workers play a vital role in covering public protests, ensuring independent control of all movements and reinforcing the importance of the fundamental right to protest and free assembly. ECPMF calls on Bulgarian authorities to fully and transparently investigate all reported cases of excessive use of force against journalists and bring them to justice. ”

Freelance journalist Dimitar Kenarov crawled across the sidewalk, was kicked in the face and head, and his camera was damaged. Despite the fact that he consistently identified himself as a journalist and had a clear visible “PRESS” sign on his mask, this was ignored by the authorities. He was handcuffed to the ground for hours before being taken to a police station where he received a warning and was later released.

The same scenario was encountered by Albania at the beginning of this year, the police used force against journalists who reported on the demolition of the National Theater and the numerous protests that were previously organized in its defense. Several journalists were attacked and detained while covering the event. Also, during the anti-government protests of 2019, tear gas was used against citizens as well as journalists who reported from the field causing incidents. Police allegedly attacked media workers.