Meho Mahmutović v. Džemail Detanac
Prosecutor
Meho Mahmutović
Company
2025 | Litigation procedure
A civil lawsuit for damages due to defamation (related to the press conference held on August 18, 2020) was filed. YUCOM got involved on November 1, 2020. year. The outcome of the procedure was a judgment based on a waiver dated July 30, 2021. year.
Acting director of the General Hospital in Novi Pazar, Meho Mahmutović, filed a lawsuit against doctor Dž. D. regarding statements made at a press conference held on August 18, 2020, which criticized the management of the hospital during the pandemic. Mahmutović sued the doctor claiming that his honor and reputation were harmed by those statements.
Basis of submission (according to which article of the law):
Article 200. Law on obligationsDamages/penalty requested:
Defendant
Džemail Detanac (Other)
Sector
Outcome - Completed
Case closed. Judgment rendered based on a waiver in 2021. year.
Present characteristics
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 claim for damages in the amount of 200,000 dinars is clearly disproportionate to the action that is the subject of the dispute.
3. Claims represent abuse of rights, i.e. distributive use of authority by public authorities against actors participating in public debate.
Filing a civil lawsuit for damages based on statements related to the operation of a healthcare institution during the pandemic constitutes a disproportionate response to criticism in the public debate.
4. The plaintiff, or persons associated with the plaintiff, have participated or are currently participating in intimidation, harassment, or threats against actors engaged in public debate.
The plaintiff has made threats and exerted pressure on activists and employees at the Novi Pazar hospital.
5. The plaintiff, or persons related to the plaintiff, in the previous period were or are now participants in multiple and coordinated filing of lawsuits against actors participating in the public debate.
The same plaintiff has filed numerous lawsuits against other local activists and citizens who publicly voiced critical comments about his work.
6. The prosecutor did not initiate out-of-court mechanisms for resolving the disputed matter before filing the lawsuit, or the prosecutor, as a holder of public authority, did not issue a warning or admonishment to the defendant but immediately filed the lawsuit.
There are no indications that the plaintiff attempted to resolve the dispute through out-of-court measures prior to initiating legal proceedings, such as requests for correction, warnings, or any other form of communication with the defendant.
