Lawsuit against the human rights organisation SOS Balkanroute and its founder Petar Rosandić dismissed

On 18 July 2023, the Vienna Commercial Court dismissed the lawsuit brought by the International Centre for Migration Policy Development (ICMPD) against SOS Balkanroute and its founder Petar Rosandić accusing them of damaging the Centre’s reputation. ICMPD argued that the statements and social media posts of both the refugee rights organisation and its chair accused them of building a “Guantanamo-like prison” in Bosnia and Herzegovina, and asked for injunction and retraction.

Petar Rosandić is a human rights defender and founder of the organisation SOS Balkanroute. He is also known as the rapper Kid Pex. As a former refugee from Croatia, he was actively involved in the “Refugee Protest Camp Vienna” in 2012-2013 and founded SOS Balkanroute in 2019. SOS Balkanroute is a refugee rights organisation which focuses on raising awareness of the violations of refugees’ rights on what is known as the Balkan route and advocating for improvement of the conditions of their treatment. The “Balkan route” refers to the escape routes used by refugees to reach Europe via the Balkan Peninsula at the European Union’s external border. The organisation also collects donations to provide supplies to refugees on the Balkan route and supports local humanitarian aid networks in Bosnia and Herzegovina. In 2020, SOS Balkanroute received the Ute Bock Award.

On 18 July 2023, the Vienna Commercial Court judge dismissed the lawsuit against SOS Balkanroute and its founder Petar Rosandić. The judge stated that the statements of the refugee rights organisation and the human rights defender fall under the scope of freedom of expression which is protected by Article 10 of the European Convention on Human Rights. The judge noted that when problems arise in society, there is a heightened need for civil society organisations or even state agencies to encourage discussions on these topics. The judge also disagreed with the ICMPD’s claim that SOS Balkanroute accused the Centre of being involved in torture. He stated that any accusations of violence were clearly directed against the Croatian authorities.

The ICMPD’s lawyers have stated that they will appeal the decision.

SOS Balkanroute’s statement dated 11 April 2023, in which the human rights organisation criticised a newly constructed building within the Lipa Camp in Bosnia and Herzegovina referring to it as “Austria's Guantanamo” due to its high-security measures, prompted the ICMPD to file a lawsuit. SOS Balkanroute accused the Austrian government and the ICMPD of being responsible for funding and managing the construction of the building.

SOS Balkanroute also documented cases of mistreatment and pushbacks of refugees by the Croatian border police, specifically to the Lipa Camp. While SOS Balkanroute did not directly link ICMPD to these abuses, ICMPD argued that the organisation's statements created a negative perception of the Centre, implying their involvement in unlawful detention, pushbacks, and the creation of a prison-like facility resembling the USA’s detention camp in Guantanamo Bay.