State Forest Company initiates SLAPP against Croatian environmental activist

Croatia/ 2024

In 2020, the Croatian NGO Green Squad published a report exposing the illegal operations of a state-owned forest company, Hrvatske šume, and their horrifying effects on Croatian forests, including Natura 2000 sites. In 2021-2023, Hrvatske šume brought three lawsuits against the author of the report, Vesna Grgić, claiming that her public allegations against the company amounted to criminal defamation.

Environmental activists have characterised the lawsuits against Vesna Grgić as Strategic Lawsuits Against Public Participation (SLAPP), with the sole purpose being to silence and intimidate a prominent defender of forests in Croatia 

The Green Squad – a branch of the Croatian NGO “VIDRA” – the Association of Veterans and Social Action, was established in 2018 to fight for the preservation of the environment and Croatian forests. Since 2018, the Green Squad has gathered a vast quantity of documents, photographs, and testimonies regarding the massive deforestation in Croatia. According to the organisation, the evidence it has collected has revealed the illegal activities of the state forest company Hrvatske šume, including excessive logging, corruption, and mismanagement of Croatian forests, causing “immeasurable damage” to the woods and the entire ecosystem. Consequently, the Green Squad has filed a number of criminal reports to the relevant state authorities and pressed charges against the high-ranking officials of Hrvatske šume. While the State Attorney’s Office initiated a lawsuit in response to the Green Squad’s complaints in 2018, and, in 2020, the Prime Minister requested an explanation from Marija Vučković, then the Minister of Agriculture and head of Hrvatske šume, the organisation has not been informed of any further steps taken since then. 

Apart from initiating legal battles, in 2020, the Green Squad published a detailed report on deforestation in Croatia, exposing Hrvatske šume’s illegal operations. After the publication, the author of the report and a leader of the Green Squad, Vesna Grgić, voiced its findings through social media and other public forums. In response to her critical statements, the company filed three lawsuits in 2021-2023, accusing Ms Grgić of “a criminal offence against honour and reputation”. Given the substantial overlap between the three lawsuits, Vesna Grgić has filed a request to consolidate the case, which is still pending. The case has not progressed yet, as the scheduled hearings were adjourned multiple times throughout 2021-2024. 

International environmental activists have condemned Hrvatske šume’s decision to bring charges against Vesna Grgić. Forest defenders have published an open letter stating that the legal proceedings against Ms Grgić constitute SLAPPs “solely aimed at silencing defenders of the common good, i.e. human rights advocates and environmental preservationists”. Additionally, environmental activists have submitted a petition to the Croatian government urging it to drop the lawsuits against Ms Grgić. According to the Coalition against SLAPPs in Europe, the lawsuits brought by Hrvatske šume against its “vocal critic” represent “an unnecessary and disproportionate measure”, considering, amongst other things, the clear imbalance of power between the parties.  

In February 2024, Michel Forst, UN Special Rapporteur on environmental defenders under the Aarhus Convention, addressed the Croatian government with a request to investigate the allegations of persecution and harassment of Vesna Grgić because of her activism. According to Mr Forst, the criminal lawsuits against Grgić “exhibit the characteristics of SLAPPs”, inhibiting her right to public participation under the Aarhus Convention. If these allegations are confirmed, Mr Forst has urged the Croatian government to cease the persecution of Ms Grgić immediately and ensure the accountability of the persons responsible. After a brief initial reply that the matters raised by the Special Rapporteur would be examined, the Croatian government has remained unresponsive. The Special Rapporteur plans to include his inquiry, as well as any reply from the government, in his report to the eighth session of the Meeting of the Parties to the Aarhus Convention in 2025.  

If convicted, Ms Grgić could face fines amounting to up to EUR 60,000. While the outcome of the case remains to be seen, the threat of sanctions, as well as costly and time-consuming legal proceedings, has, in and of itself, created an intimidating atmosphere and chilling effect for the ecological activists trying to inform the public regarding environmental harm.  


Sources  

ENG 10/2020 Report on Deforestation in the Republic of Croatia; thomaswaitz.eu
ENG 25/03/2021 New Report on Deforestation in Croatia; thomaswaitz.eu
ENG 14/09/2021 Open letter to Commissioner for Environment on illegal clear-cuts in Croatia; Thomaswaitz.eu
ENG 09/05/2024 Environmental Justice Campaigners Hand Petition Against Criminal Persecution of Croatian Forest Defender to Embassy; biofuelwatch.org
ENG 14/03.2024 Calling forest and climate NGOs: Tell the Croatian government to stop bullying forest activists; forestdefenders.eu
ENG 23/05/2024 McLibel Strikes Again: Croatian State Company Sues Forest Activist; the-case.eu
ENG 14/02/2024 Michel Forst, UN Special Rapporteur on environmental defenders under the Aarhus Convention, unece.org
ENG 21/06.2024 Permanent Mission of the Republic of Croatia to the UN Office and Other International Organisations in Geneva