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The judge sues KRIK, demands a prison sentence for the journalists and a work ban

The judge sues KRIK, demands a prison sentence for the journalists and a work ban

Belgrade Court of Appeal judge Dušanka Đorđević filed two lawsuits against KRIK through the “Judge Who Judges” database, where we researched the Serbian justice system, including her work. In the lawsuit she filed with her husband in connection with the alleged violation of the right to privacy, the judge demands not only monetary compensation, but also a two-year work ban for KRIK journalists and 10 months in prison. In the lawsuit, judge Đorđević – known for her membership in the panel that acquitted murder accused Slavko Ćuruvija – claims that KRIK journalists are “targeting” her and helping criminals find her. KRIK considers this to be unprecedented pressure on the media and an attempt to prevent journalists from reporting on the work and honesty of judges.

Written by: Jelena Radivojević

Judge Dušanka Đorđević and her husband, lawyer Aleksandar, filed civil and criminal lawsuits against KRIK journalist Bojana Pavlović and editor Stevan Dojčinović. The former demands compensation in the amount of 760,000 Serbian dinars (approximately EUR 6,500), the latter demands that Pavlovic and Dojčinovic be sentenced to 10 months in prison and a two-year ban on practicing journalism.

The lawsuits were filed in connection with the judge’s profile published in the “Judge Who Judges” database, which KRIK launched at the end of 2020 to increase the transparency of the judiciary in Serbia. The database was created to inform citizens about the work of the justice system and it did not contain anything that could threaten the safety of judges.

Judge Đorđević (née Žakula) when she was the press secretary of the 4th Municipal Court in Belgrade (photo: printscreen)

Nevertheless, Judge Đorđević claims in her lawsuit that journalists violated her privacy by publishing her name and position at the Court of Appeal in Belgrade, as well as information about the real estate she owns with her husband. She even claims that KRIK journalists put her in danger and are helping criminals find her.

“The defendants, by publishing data prohibited by our laws, are calling for the public lynching of judges who fight every day to remove members of organized crime from our society, and at the same time tag them and target them and their families so that members of organized crime can easily identify and find,” the lawsuit reads.

It was also claimed that KRIK journalists operate “under the guise of a noble goal of fighting crime” in “unregistered” media – although the KRIK portal is registered in accordance with the law.

“This may be the greatest pressure on KRIK so far, but these lawsuits indirectly threaten all other media in Serbia. We were sued by a high-ranking judge who claims we should not have even published her name, so now we are able to defend not only our work, but also the legal right of journalists to write about those in power.” says KRIK editor-in-chief Stevan Dojčinović.

“Citizens must be aware that these trials will actually decide whether journalists in Serbia will be able to mention the judges at all, let alone criticize or analyze their work. Therefore, we see these lawsuits as a direct suppression of media freedom, because monitoring the work and assets of government officials is one of the basic tasks of journalism,” Dojčinović explained.

Nine properties of the judge and her husband

Judge Dušanka Đorđević’s profile in the KRIK database contains detailed information about her career in the judiciary, the key court cases she resolved, as well as information about the real estate she owns with her husband – five apartments, two garages, business premises in Belgrade and land near Bajina Bašta (a small town in western Serbia). KRIK did not publish the address of any of these properties, thus not threatening the safety of the judge and her husband.

Before publishing her profile in the database, KRIK journalists contacted Judge Đorđević, giving her the opportunity to respond in detail to our findings and explain how she and her husband acquired their property. She refused and in a written response stated that journalists had no right to cover this topic and it was a crime.

For judge Đorđević, appearing in the KRIK database is certainly not the first encounter with public opinion.

In 2005, she became a judge of the 4th Municipal Court in Belgrade. She was also a spokesman for this court, so communicating with journalists and appearing in the media were part of her daily work. Đorđević was promoted to the Higher Court of Belgrade in 2010.

In the same year, an unusual case attracted media attention: she married a lawyer who represented the accused in the case she was supposed to decide.

Her current husband, Aleksandar Đorđević, defended a young man accused of killing a policeman with a car and then escaping. The judge and lawyer were married about ten days before the trial began.

Đorđević asked to be excluded from the case, which was granted. However, the deceased’s family and her lawyer argued that the judge deliberately delayed the hearing and that when the hearing was scheduled, she already knew that she would marry the lawyer, but did not inform them about it.

The judge’s husband, apart from being a lawyer, is the owner of several debt collection companies. Additionally, the Serbian government appointed him a member of the supervisory board of the “Kirilo Savić Research and Development Institute” for the period from July 2013 to May 2014. In recent years, Đorđević was also involved in the Development Fund managed by the Tax Administration of the Serbian Ministry of Finance.

Aleksandar Đorđević with his colleagues from the law firm (photo: advokatdjordjevic.com)

In 2020, Đorđević became a judge of the Court of Appeal in Belgrade in the Special Division for Organized Crime.

She is known for being a member of the panel that acquitted those accused of murdering journalist Slavko Ćuruvija. She was also a member of the panel that overturned the conviction of former mayor of Grocka (a suburb of Belgrade) Dragoljub Simonović for setting fire to the house of journalist Milan Jovanovic in 2021.

Recently, Đorđević confirmed the acquittal of Zvezdan Terwiedź, general director of the Red Star football club, who was accused of illegally misappropriating money from the sale of players.

She was also a member of the panel that confirmed the acquittal of former Environment Minister Oliver Dulić in January last year.

Đorđević is one of the judges who, in the spring of 2022, increased the sentence of former Zemun clan member Aleksandar Zdravkovic for the attempted murder of businessman Milan Beko from 9 to 13 years in prison.

Why it’s important for the public to know about judges

“Accepting such lawsuits against KRIK would be a verdict against journalism and a signal to all journalists not to dare to write about judges,” he says. Dojčinović.

“This is also about threatening the transparency of the Serbian judiciary, as our ‘Judge Who Judges’ database has made great strides in this direction and has given citizens the chance to obtain information about the work of important judges, and these lawsuits may take that away from them.” We are particularly concerned that the lawsuits were filed by a judge whose job should be to hear and stop SLAPP lawsuits, not to bring them against journalists and seek their imprisonment,” Dojčinović concludes.

KRIK has been following the most important trials in Serbia for years, examining the justice system and fighting for transparency in the operation of this government. For this reason, in 2020, KRIK created the online database “A judge who judges”, which contains information about judges as public officials about whom citizens know very little.

So far, the KRIK database has collected profiles of 51 judges, containing information about their professional careers, the most important court cases they conducted, as well as the proceedings conducted against them and their assets. The database does not contain any information that could in any way threaten the safety of judges or their family members. Journalists obtained all data through official channels and found it in official databases, and each judge was contacted for an interview or comment before publication. One-third of those contacted responded by agreeing to be interviewed or answering reporters’ questions.

The value and importance of this database is proven by the global “Sigma” journalism award, which the KRIK database previously received. The international jury noted that “judges, their actions and wealth are among the best-kept secrets in Serbian society” and that KRIK’s persistent reporting helped reveal what lies behind controversial decisions that have impacted citizens for decades.

Lawsuits seeking to sentence journalists to prison and ban them from practicing their journalistic profession for two years for writing about the work of judges in a democratic country constitute a clear pressure on media freedoms.

What is particularly worrying is that this time the pressure comes from a judge who rules on some of the most important organized crime cases and who should have a higher level of tolerance for public interest in his work.

Learn about judges and important court cases in our “Judge Who Judges” database at this link.

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