Stanko Subotić v. Dragana Pećo
Prosecutor
Stanko Subotić
Businessman/businesswoman
2021 | Litigation procedure
Controversial businessman Stanko Subotić sued the KRIK journalist and the international journalist network Organized Crime and Corruption Reporting Project (OCCRP) as well as their editor before a court in Switzerland (since Subotić is a citizen of that country). He sued them because of an investigative story published by these two media in 2018, which revealed that this businessman would make a large profit from the expansion of Belgrade’s “Nikola Tesla” airport (due to the purchase of land for its expansion, which is owned by Subotić). Data on land ownership are based on official institutional documents. In the story “Subotić will earn at least 28 million euros from the airport concession”, journalist Pećo points out Stanko Subotic’s secret business ties with drug lord Darko Šarić, based on data in documents from the international investigation “Balkan Warrior”, conducted against the group of drug lord Darko Šarić. Subotić never wanted to answer the questions that KRIK asked him, nor did he ever deny it.
Basis of submission (according to which article of the law):
The lawsuit was filed in Switzerland, so the legal basis is unknown.Damages/penalty requested:
Subotic is demanding a payment of 150,000 Swiss francs.
Defendant
Dragana Pećo, Drue Salivan (Journalist)
Organization/Media
KRIK, Organized Crime and Corruption Reporting Project (OCCRP)
Sector
Crime and corruption
Outcome - Unknown
Unknown.
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.
The plaintiff is one of the most influential businessmen from Serbia, and in 2007 he was ranked among the 100 richest people in Central and Eastern Europe.
2. The arguments presented by the prosecutor are partially or completely unfounded.
The plaintiff filed a lawsuit because of the text, which was created as a result of investigative journalism and which was based on data collected from official domestic and international institutions.
3. The lawsuit or legal remedy, that is, the request or proposal submitted by the plaintiff is disproportionate, excessive or unreasonable.
Compensation was sought in the amount of 150,000 Swiss francs, which is about 161,000 euros, a sum that would undoubtedly lead to the shutdown of the media.
4. The lawsuit was filed against (i) an individual, i.e. a responsible media editor and/or a journalist and not (only) against an organization that organized the disputed activity, i.e. a media publisher and/or a journalist who published the news within a public debate.
The plaintiff also sued the journalist and the editor-in-chief of the international journalist network who participated in the research. Filing lawsuits against individuals, not just organizations, leads to a greater degree of pressure on individuals and freedom of expression and leads to greater self-censorship of journalists.
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 plaintiff previously filed lawsuits against other regional media as well.
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.
The automatic filing of a lawsuit, without a prior attempt to resolve the dispute out of court, puts journalists in a sudden and unexpected position, which is why they have to redirect all their resources to court proceedings instead of pursuing the journalistic profession.
Additional materials
Subotić će zaraditi najmanje 28 miliona evra od koncesije aerodroma
