Back Empowering judges and prosecutors to combat SLAPPs

Teslic, Bosnia and Herzegovina 26-27 November 2024
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Empowering judges and prosecutors to combat SLAPPs

In the face of growing challenges posed by defamation cases and strategic lawsuits against public participation (SLAPPs), 20 judges and prosecutors from Bosnia and Herzegovina sharpened their skills to address these issues effectively.

The two-day training, organised by the Council of Europe in Teslić, in collaboration with two entities’ Centers for Judicial and Prosecutorial Education, focused on equipping the judiciary with the tools to identify and address SLAPPs. Participants explored the latest anti-SLAPP standards, including the Council of Europe's Recommendation CM/Rec(2024)2 on countering the use of strategic lawsuits against public participation (SLAPPs), as well as the European Union Directive (EU) 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (SLAPPs).

Through hands-on case studies, participants examined SLAPP indicators and explored strategies to balance defamation claims with the principles of freedom of expression protected under Article 10 of the European Convention on Human Rights. The training also addressed the challenges arising from the re-criminalisation of defamation in Republika Srpska, highlighting the importance of judicial alignment with European standards.

A highlight of the event was the presentation of the new “Regional Baseline Assessment of Legislative and Policy Needs for Implementation of Council of Europe and European Union Standards on countering the use of SLAPPs”. The study, developed under the PROFREX regional action, offers an in-depth analysis of legal systems in the Western Balkans and recommendations for integrating anti-SLAPP mechanisms. Judges and prosecutors shared their insights on the report’s finding, paving the way for actionable improvements.

The action “Protecting freedom of expression and of the media in Bosnia and Herzegovina (PROFREX)”, within which the training was organised, is implemented by the Division for Co-operation on Freedom of Expression of the Council of Europe and is part of the joint European Union and the Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye”.

Horizontal Facility III

The joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye” (Horizontal Facility III) is a co-operation initiative, running from 2023 until 2026.

The programme covers actions in Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia, Serbia and Türkiye. It enables the Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with European standards, which is also a priority for the EU enlargement process.

The third phase of the programme is worth €41 million (85% funded by the European Union, 15% by the Council of Europe).

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.