The Tirana Court deemed the intervention against journalists from the "Focus Media" media group as disproportionate and ordered immediate measures to be taken to protect their professional integrity by returning their personal belongings and work equipment, according to a decision on securing a lawsuit that BIRN has.
In its assessment, the Court has established a clear dividing line between contractual disputes between the parties and respect for freedom of expression, giving journalists the right to their concerns.
The decision was made by Judge Alma Kodraliu, following a request for legal protection from the companies Focus Media News and Panorama Group owned by publisher Irfan Hysenbelliu, which requested the suspension of the effects of the intervention carried out by the company "KAYO" sha and the State Police on the morning of August 9.
The court did not take into account the parties' claims regarding the lease contracts, considering those issues to be examined before the Administrative Court, but rather focused on analyzing the consequences of the intervention in restricting the work of journalists and their right to provide information.
The decision assesses that it is important to separate the private interest of media companies from the violation of journalists and the limitation of their work due to disputes that these companies have with the state.
"In this regard, the court considers the interference and restriction of journalists and their rights disproportionate to the situation that gave rise to this restriction and the need to intervene," the decision states.
According to the court, disputes related to the implementation of contracts by entities that exercise media activities should be resolved in such a way as to infringe as little as possible on freedom of expression and the right of journalists to provide information.
"The state has the right to protect its interests, but the protection of freedom of expression is also an international obligation, extending both vertically and horizontally," the decision further states, emphasizing that: "journalists should be allowed to take their personal and work belongings."
The buildings used by Focus Media Group were blockaded on the morning of August 9 by police, who surrounded the building in Shkoza, cut off the electricity supply and barred journalists from entering, interrupting News24's broadcast at 07:36.
The situation further escalated on Monday, when army trucks were filmed loading furniture and equipment from the editorial office premises, including journalists' computers. The operation, which resulted in the removal of the signal of the news channel News 24 and the disruption of work for the group's other media outlets, has been condemned by local and international media freedom organizations, which are demanding explanations from the government and the lifting of the blockade on media outlets and journalists.
According to explanations given before the court, the state-owned company established for the production of weapons, "KAYO", claimed that the equipment taken from the building used by "Focus Media News" had been transferred to the State Reserves and that "they could be withdrawn at any time by their owner."
The Tirana Court ordered the State Bailiff's Office to take measures within 24 hours to identify and inventory the journalists' personal belongings and return them, whether physical or electronic documents on work computers or those located in State Reserves.
Within 48 hours, the State Bailiff's Office is ordered to also identify and inventory the equipment owned by Focus Media News and, as appropriate, leave it in storage or withdraw it from the claimants. /BIRN/
