Meho Mahmutović v. Aladin Paučinac

Aladin Paučinac (Activist)

Paučinac was found guilty of insult; a constitutional appeal has been submitted.

1. With the lawsuit that initiated the procedure, the plaintiff uses an imbalance of power, such as his financial advantage, political/social influence or authority as a power holder, in which way he puts pressure on the defendant – an actor participating in the public debate.

At the time of filing the lawsuit, the plaintiff Meho Mahmutović was the acting director of the General Hospital in Novi Pazar—a public healthcare institution.

2. The arguments presented by the prosecutor are partially or completely unfounded.

The comments were made in the context of public scrutiny over accountability for a large number of deaths during the pandemic and represent a legitimate part of political and social debate.

3. The lawsuit or legal remedy, that is, the request or proposal submitted by the plaintiff is disproportionate, excessive or unreasonable.

The claim for damages in the amount of 200,000 dinars is clearly disproportionate to the action that is the subject of the dispute.

4. Claims represent abuse of rights, i.e. distributive use of authority by public authorities against actors participating in public debate.

The use of legal proceedings against an activist publicly commenting on the performance of a public institution during a crisis indicates an abuse of legal mechanisms aimed at intimidation.

5. The lawsuit is filed (also) against an individual, namely the responsible editor of the media outlet and/or journalist, and not (only) against the organization that organized the disputed activity, or the publisher of the media outlet and/or journalist who published the news as part of the public debate.

The lawsuit was filed against a natural person, activist Aladin Paučinac.

6. The plaintiff, or persons associated with the plaintiff, have previously been or are currently involved in multiple coordinated lawsuits filed against participants in the public debate.

The plaintiff, Meho Mahmutović, has on multiple occasions filed lawsuits against the same activist over similar content, indicating a pattern of repeated and targeted legal actions.

7. On the occasion of the same event in the framework of public debate, several lawsuits were filed against the same defendant on different grounds.

Multiple lawsuits have been filed against Aladin Paučinac by the same plaintiff, relating to comments made within the public debate on the conduct of health authorities during the pandemic.