Standing Up for Accountability: Protests Against Hospital Management Amid COVID-19 Crisis

During the height of the COVID-19 pandemic in June and July 2020, a severe crisis unfolded in Novi Pazar, where local authorities and hospital management were ill-prepared for the epidemic. Specialist doctors from the General Hospital in Novi Pazar publicly criticized the hospital director’s mismanagement, leading 37 doctors to sign a petition calling for his removal. Despite their efforts, including a press conference, their demands went unheeded. In late June 2020, citizens protested daily, demanding accountability from the hospital’s management, particularly against then-acting director Meho Mahmutović. Many citizens took to social media to express their outrage, forming Facebook groups to discuss the hospital’s management and organizing continued demonstrations.

In response to these protests, Meho Mahmutović filed 37 private lawsuits for defamation against several activists and doctors involved in the protests. Lawyers’ Committee for Human Rights – YUCOM represented three doctors (F.P., Dž.D., and L.S.) and three activists (M.I., A.P., and A.V.), with seven lawsuits specifically targeting A.P., who had led the protests calling for accountability for the healthcare system’s poor response to the crisis.

The defendants argued that their statements were in the public interest, reflecting the shared views of many Novi Pazar citizens about the hospital’s conditions. Throughout the proceedings, the Basic and Higher courts did not fully acknowledge that the defendants’ comments represented their value judgments shared by many community members. The courts erroneously interpreted the statements as personal attacks rather than critiques of a public official’s conduct, disregarding the broader social context of the protests. Considering the first instance and appellate courts’ failure to address these legal issues adequately, the YUCOM filed two constitutional complaints to the Constitutional Court of Serbia in 2022, asserting that A.P.’s rights to a fair trial and freedom of expression were violated, as well as the specific rights of the accused.

Freedom of expression, protected uner Article 10 of the European Convention on Human Rights, is fundamental in a democratic society. This freedom extends to all opinions, including those deemed offensive or disturbing. While such rights can be restricted, these limitations must be narrowly interpreted, with any necessary constraints robustly justified. The threshold for acceptable criticism concerns public figures more than private individuals, as public officials voluntarily subject themselves to public scrutiny and must demonstrate greater tolerance. These cases highlight the rise of SLAPP (Strategic Lawsuits Against Public Participation) claims in Serbia, where legal actions intimidate activists and suppress free speech. Despite legal provisions against abuse, courts rarely dismiss SLAPP claims.