Freelance Journalist and Fixer Jovo Martinovic Tried for “Being a Member of a Criminal Organization”

Update: 04 Nov 2019 State replied
Year 13 Apr 2016 Country Montenegro Category Detention and imprisonment of journalists Source of threat State Partner RSF , EFJ/IFJ Alert level Level 2
13 Apr 2016 Montenegro Detention and imprisonment of journalists State RSF , EFJ/IFJ Level 2

Mr. Jovo Martinovic worked as a non-exclusive part-time fixer for a French documentary film “The Route of the Kalashnikov”, aired in France on Canal+ on 4 January 2016. The film examines the illegal flow of weapons from Balkans. Part of Mr. Martinovic job involved helping trace underground weapons networks and included interacting with members of these criminal groups in the Balkans. Mr. Martinovic was arrested on 22 October 2015 in relation to this assignment. He is accused of being a member of a criminal organization and of trafficking drug. The arrest warrant was issued by High court in Podgorica after the request of the Special State Prosecutor's office. On 12 April 2016, he still was in custody, waiting for his indictment and trial. Mr. Martinovic has worked with several international media outlets including The Economist (UK), the Financial Times (UK) and M6 (France).

Updates

04 Nov 2019 : On 24 October 2019, the Court of Appeal in Podgorica quashed journalist Jovo Martinović’s 18-month jail sentence, stating that the prosecution failed to prove that he committed any crime or to produce enough hard evidence to justify a prison sentence. His retrial is expected to start within a few weeks.
15 Jan 2019 : On 15 January 2019, the Higher Court in Podgorica sentenced Jovo Martinovic to 1.5 years in prison for alleged “drug trafficking and membership in a criminal organisation”. The journalist rejected the charges which he considers politically motivated. The verdict was condemned by international media freedom organisations and organisations of journalists. Jovo Martinovic announced that he would appeal the verdict.
09 Jan 2017 : On 5 January 2017, journalist Jovo Martinović was released pending trial. The Court ordered Martinović to check in with police twice a month, and confiscated his passport. As a consequence, the alert was changed to level 2.

State replies

07 Dec 2016 : Reply from Montenegro provided by the Ministry of Justice

Follow-ups

09 Jan 2017 : OSCE Representative on Freedom of the Media welcomes release of Montenegrin journalist and calls for conclusion of his case

CONTACT US

Follow us   

Follow-ups to alerts Follow-ups to alerts

20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Mehmet Altan’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Altan’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Altan’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.

20 March 2018

On 20 March 2018, the European Court of Human Rights issued its Grand chamber judgment on Şahin Alpay’s case. The Court found there had been a violation of Article 5 § 1 (right to liberty and security) and a violation of Article 10 (freedom of expression) of the European Convention for Human Rights. With regards to article 5 §1, according to the Court findings, “Mr Alpay’s continued pre-trial detention, after the Constitutional Court’s clear and unambiguous judgment of 11 January 2018 (…), could not be regarded as ‘lawful’ ”. The Court held that “for another court to call into question the powers conferred on a constitutional court to give final and binding judgments on individual applications ran counter to the fundamental principles of the rule of law and legal certainty, which (…) were the cornerstones of the guarantees against arbitrariness”. Under Article 46 (binding force and execution of judgments) of the Convention, the Court held that it was incumbent on the respondent State to ensure the termination of Mr Alpay’s pre-tria detention at the earliest possible date. Under Article 10, the Court held in particular that “there was no reason to reach a different conclusion from that of the Constitutional Court, which had found that Mr Alpay’s initial and continued pre-trial detention, following his expression of his opinions, constituted a severe measure that could not be regarded as a necessary and proportionate interference in a democratic society”. The Court pointed out in particular that “criticism of governments and publication of information regarded by a country’s leaders as endangering national interests should not attract criminal charges for particularly serious offences such as belonging to or assisting a terrorist organisation, attempting to overthrow the government or the constitutional order or disseminating terrorist propaganda”.
Twitter feed Twitter feed
Thematic factsheets Thematic factsheets



Thematic factsheets Thematic factsheets



Partners Partners

CONTACT US

Follow us