Adjudication of the Press Council of Kosovo in relation to the complaint of Makfirete Saliuka, Judge at the Municipal Court in Prishtina, versus Kosova Sot newspaper
4 June 2010
In its meeting held on 11 May 2010, following the review of the complaint of Makifete Saliuka, Judge at the Municipal Court in Prishtina versus Kosova Sot newspaper Press Council of Kosovo took the following
ADJUDICATION
To uphold the complaint
REASONING
On 26 April 2010, Makifete Saliuka, judge at the Municipal Court in Prishtina filed a complaint at the Press Council of Kosovo against Kosova Sot. The Complaint is in relation to eight articles published in Kosova Sot, from 13 to 22 of April 2010, regarding a judicial decision in the legal matter of the plaintiff Lulzim Rexha from Prekaz village, Skenderaj Municipality against Interpress R. Company “Kosova Sot”.
The judicial matter was initiated by the plaintiff Lulzim Rexha, who suffered an accident at work in 2004, and while working for the Printing House which is a part of the respective company, he lost one of his arms up to the elbow, and was incapacitated to work.
In the judicial proceedings, Lulzim Rexha requested compensation for injury at work and for work incapacitation. The case went through all instances of Kosovo judiciary, including the Supreme Court of Kosovo.
The Complainant Makfirete Saliuka in her complaint contends that the eight articles of the “Kosova Sot” newspaper contain untrue content on the flow of case in judicil proceedings and that she had reacted because of this. However, Kosova Sot did not publish the reaction.
The Board of Press Council of Kosovo found that the complaint should be upheld, and that the eight articles of Kosova Sot where the judge Makifete is depicted, violated two articles of the Press Code of Kosovo, Article IV the right to reply, and Article II Reporting of truth.
Kosova Sot newspaper violated Article IV of the Press Code of Kosovo, in relation to the obligation of the newspaper to publish the reaction or objection related to the eight published articles. Kosova Sot newspaper did not publish the reaction of Makifete Saliuka within the normal deadlines. PCK found that through its Articles published during the period of 13-22 April 2010, Kosova Sot newspaper also violated Article II clause 4 and clause 5 of the Press Code of Kosovo related to reporting the factual truth and the right of the public to know the truth, make clear distinction between information and opinion and the professional obligation to correct the published information. In this case one can also identify that there is a conflict of interest, since the articles are related to the Interpress R. Company namely “Kosova Sot”, which is the printing house where the injured party Lulzim Rexha used to work.
The findings of PCK were based on three decisions (judgments) of three judicial instances.
Kosova Sot newspaper is obliged to publish the present adjudication within seven days in the newspaper.
Based on the factual situation, PCK decided as outlined in the ruling of the present adjudication.