LEGAL ACTIONS TO PROTECT RADIO B92

- chronology -

MARCH 24, 02:30 -- The process of usurping Radio B92 begins with the delivery of Yugoslav Federal Telecommunications Ministry Ruling No. 8/1-01-595/99. This instructs Radio B92 immediately to cease broadcasting from its transmitter. The ruling also provides for the removal and seizure of part of B92’s transmission equipment.

In its justification for the ruling, the court alleges that Radio B92 had transmitted its signal at a power exceeding the permitted 300 W. In fact B92 had been transmitting at 190 W. It is obvious that this ruling has been passed solely in order to take Radio B92 off the air in Belgrade in the face of the coming war and in preparation for the plan to seize B92 from its employees.

Radio B92 Editor-in-Chief Veran Matic, who arrives at the radio as the ruling is being executed, is detained.

MARCH 24, 04:30 -- Radio B92 learns that Veran Matic is being held at the police station in November 29 Street. Police officials refuse a request by lawyers to see him. A second request at 08:00 is also unsuccessful. The lawyers are denied any explanation of Matic’s detention.

MARCH 24, 11:20 -- Matic is released from the police station. He has not been questioned, nor has any explanation for his detention been given. Matic’s detention is illegal: he has committed no act proscribed by the law and there are no legal grounds for his detention.

Radio B92’s lawyers lodge an appeal against the Yugoslav Federal Telecommunications Ministry ruling.

Radio B92 management decides to continue broadcasting via satellite and the Internet.

MARCH 25 - APRIL 1 -- Police visit B92’s studios on several occasions, probably with the aim of intimidating journalists and management.

APRIL 2, 09:10 -- An officer of the Belgrade Commercial Court, accompanied by police and a dozen thugs, enters Radio B92’s studios and delivers Commercial Court decision No. V-Fi-2790/99 to General Manager Sasa Mirkovic. By the decision, one Aleksandar Nikacevic is appointed the new general manager of the socially-owned broadcasting company Radio B92. The court officer and his party occupy the B92 studios, evicting all staff. The premises of ANEM, the Association of Independent Electronic Media in Yugoslavia, on the tenth and eleventh floors of the same building are also occupied. The new management takes possession of the company seals of Radio B92, ANEM and another private company. The staff of B92 are forbidden to remove personal property from the premises.

This decision by the Commercial Court is illegal, as it is based on a new B92 Constitution adopted by the Belgrade Youth Council which claims, falsely, to be the controlling body of Radio B92. The Belgrade Youth Council is a phantom organisation controlled by the regime. Even if the Youth Council’s claim to be the founder of Radio B92 were true, it would not have the power to change the company’s constitution. Radio B92 is a socially-owned company and its constitution can be changed only by the majority vote of its employees.

The manner of execution of the Commercial Court decision also appears to be illegal: the process of inducting the new general manager of Radio B92 included the seizing of the premises and company seal of a completely separate company, ANEM, the expulsion of ANEM staff from the premises and the confiscation of their personal property.

APRIL 5 -- Sasa Mirkovic lodges an appeal against the Decision of the Commercial Court in Belgrade, petitioning for its revocation, in other words for the removal of the name of Aleksandar Nikacevic as the general manager of B92 from the registry of the Commercial Court.

A complaint about the manner of execution of the Commercial Court decision is also lodged with the court. The complaint demands that the court order that ANEM be permitted to use the premises which were illegally seized from it.

A note is sent to the presiding judge of the Belgrade Commercial Court, Milena Arezina, who handed down the decision replacing Sasa Mirkovic as general manager of Radio B92. The note demands that be immediately permitted to occupy its premises.

ANEM also brings charges in the First Municipal Court in Belgrade against Aleksandar Nikacevic, over the usurpation of ANEM’s property on the tenth and eleventh floors of the same building in which Radio B92 is situated. The charges include a petition for the granting of a provisional order for ANEM to be given access to its premises while the matter is before the court.

APRIL 7, 08:45 -- The First Municipal Court in Belgrade hears charges by ANEM against Aleksandar Nikacevic for usurpation of property. The first part of the hearing is conducted at the court, followed by an investigation at ANEM’s premises. Testimony was given by the defendant Aleksandar Nikacevic, ANEM Radio Network Coordinator Dusan Masic. The only member of the B92 staff available to Nikacevic, domestic Zorka Bera, was also called as a defence witness.

APRIL 8, 09:00 -- The presiding judge of the Commercial Court in Belgrade, Milena Arezina, receives Radio B92’s lawyers to discuss a hearing. The judge asks for a postponement of the meeting until April 12, to giver herself time to become familiar with the details of the case, the appeal and the complaint lodged by B92.

APRIL 12, 09:00 -- Judge Milena Arezina again receives Radio B92’s lawyers. Despite the arguments submitted, the judge resolves not to act until the Higher Commercial Court has ruled on the complaint. The judge also observes that because of the circumstances of war in the country, the work of the Commercial Court is proceeding irregularly and that ANEM’s complaint cannot therefore be dealt with until a later date.

The same day, despite the decision of the Yugoslav Federal Telecommunications Ministry, the new management of Radio B92 begins broadcasting. In a statement issued the same day, all B92 staff distance themselves from the new program.

The resumption of broadcasting by Radio B92 appears to indicate that either the Yugoslav Telecommunications Ministry has upheld Radio B92’s appeal against its banning order, or that the “new” Radio B92 is in such a strong political position that it can flout the current ban. with complete impunity.

APRIL 14 -- The First Municipal Court in Belgrade hands down Decision No. 2389/99, dismissing ANEM’s petition for a provisional order allowing the Association to use its premises. The court issues a vague justification for the decision.

The evidence clearly indicates that ANEM was in free possession of the premises on the tenth and eleventh floors, and that Aleksandar Nikacevic has seized property from ANEM. This should have resulted in the court’s granting of the provisional order. The judge rules, however, ignoring the evidence, that the property has been seized under the decision of the Belgrade Commercial Court. This is not true, as the Commercial Court decision refers only to Radio B92 and makes no mention of ANEM. The judge refuses to grant the provisional order, saying that the case can only be resolved by the Commercial Court. This, again, is not true. The Yugoslav legal system provides for proceedings in one court to be dealt with by another court when different laws and regulations are involved. The judge in this case presides over the court in a most civilised manner, implying that such political pressure is being applied that he does not dare to stand by the law and rule in ANEM’s favour.

APRIL 18 -- ANEM resolves to suspend membership of Radio B92 in the Association until the end of the war and the completion of court proceedings over the status of the socially-owned broadcast company Radio B92.

APRIL 20 -- ANEM lodges an appeal against the decision of the First Municipal Court in Belgrade. The appeal cites patently erroneous establishment of fact and erroneous enforcement of the material law. The disruption of court administration caused by the war means that the competent court in this appeal, the Belgrade District Court, is unlikely to rule on the appeal in the near future. Because of the obvious political importance of the case, it is likely that when it does so it will be subject to political pressure. Thus, if there is no change in the political agenda of the government, it is unlikely that ANEM will obtain a positive outcome from these proceedings, regardless of the fact that the law supports its case.

JUNE 10 -- B92 employees and Mr. Sasa Mirkovic file a lawsuit to the First Municipal Court in Belgrade to annul the new Statute of Socially-owned broadcast company Radio B92 (passed by the usurping Youth Council of Belgrade) and all of the decisions passed based on that Statute. Reinforcement of old Statute, in power until April 1999, was also requested. The grounds for this claim is the fact that the new Statute has been passed by an unauthorised person.

JUNE 12 -- New B92 management starts firing B92 employees, on grounds that they didn't show up for work in five consecutive days. Given the fact that the employees were ordered by the new management not to show up, the decisions on their firing is illegal. Real B92 representatives are going to initiate labour law lawsuits in order to protect the interest of every fired employee.

AUGUST 2, 08:00 -- As Radio B2-92, B92 resumes broadcasting news and music on 99.1 FM, the third frequency of Belgrade's Studio B Radio.

AUGUST 3 -- Higher Commercial Court, in council presided by judge Vincic Milan, has refused the complaint lodged on April 5th by Sasa Mirkovic, relieved director of B92, against the decision by which Aleksandar Nikacevic was entered into Commercial court in Belgrade Registry as B92 new director. In reasonning of its decision, Higher Commercial Court claimed that the removal of Mr.Mirkovic and appointing of Mr. Nikacevic was made according to the provisions of the new Statute of Radio B92 company. Even though obliged to do so by the Law, Higher Commercial Court didn't examine the crucial fact in the whole case, and that is wheather the new Statute is adopted according with the Law or it is null, and accordingly couldn't make a correct decision. Therefore the decision of Higher Commercial Court is illegal, but according to relevant legal provisions the only legal remedy against it is the demand for protection of legality which may only be lodged by Public Attorney. Real B92 representatives shall therefore lodge an initiative to the competent Public Attorney demanding he protect real B92 rights.