BUK, the Bosnian branch of Belgian company Green Invest, has taken two young Bosnian environmental activists to court on defamation charges, in a lawsuit that human rights organisations state is aiming to intimidate and silence them.
On Tuesday, a second special hearing took place in the cases of Sara Tusevljak and Suncica Kovacevicr, two 25-year-old law students who organised peaceful protests, petitions and cultural events to oppose the Belgian company's construction of small hydro energy plants on the Kasindolska river in Bosnia.
“Most of the time, I feel good. But there are times when it is very hard,” Sara Tusevljak told Le Soir before the Tuesday hearing. “Everything will be fine, it's just a long road ahead of us .”
Open to dialogue
BUK, which is entirely owned by Green Invest, has filed three defamation lawsuits against Sara and Suncica and is suing the two activists for damages of €7,500. The average earnings in their home country is €930/month, according to CEIC data.
The case matches the profile of a SLAPP lawsuit, according to the UN Special Rapporteur on Human Rights and other organisations. A SLAPP lawsuit is a strategic court case initiated not because the plaintiff expects to win, but in order to put pressure on civil society actors and stifle criticism.
“We are sad to read in the press release that the so-called activists do not like foreigners,” Green-Invest said about the environmental action in a communication to the UN. For its part, the company insists the lawsuit is well-founded.
“The defamation suit we have filed is aimed at stopping the defamations against us - corruption, mismanagement, non-compliance with rules and permits, misinformation, enrichment, etc. - while we spend a lot of energy respecting the laws,” wrote CEO Emmanuel Berryer. “We are open to dialogue but not on the basis of lies, subjective arguments or simplistic
ideology.”
The UN Special Rapporteur on Human Rights Defenders addressed the Belgian government on the matter, warning about the abusive lawsuit and asking them to take all necessary measures to protect the rights of the activists. The government has not responded to the Rapporteur's inquiry, according to the UN website.
'We though we had saved the river'
The company operates one hydropower plant on the Kadindolska river and plans on building two more in the area about 20km South of the capital, Sarajevo, Euractiv reported last year. Bosnia and Herzegovina embraced hydropower investments for years, providing credits and incentives for such projects, in order to move away from polluting coal plants.
Credit: Jakub Hrab/Arnika
Sara and Suncica raised concerns about the environmental impact of the Belgian company's plants, pointing out increased deforestation in a protected area and soil erosion caused by the constructions.
“We are fighting for different rivers in Bosnia and three rivers in our hometown. As we grew up on the Kasindolska river, we are more active there,” explained Sara Tusevljak to Le Soir. They appeared in the media, raised over 2,000 signatures, and put together a photo exhibition to showcase potential harmful effects, over the course of three years. The mayors of the three municipalities in the area came to their support.
Sara and Suncica even went to court to get some of the company's permits revoked, to moderate success. “We thought we had won and saved the river,” Suncica said, of the period before receiving the lawsuit.
