General Prosecutor’s office: journalists can refuse questioning by police and they are not required to disclose their sources of information

Anticoruptie.md
30/06/2016
Foto: captură video

Journalists may refuse to give explanations and cannot be summoned or questioned as witnesses to disclose the names of persons who provided information, say representatives of the General Prosecutor’s Office in a reply addressed to the Center for Investigative Journalism. As for the case of pressure and intimidation of the authors of the investigation "How did a pond of state became private property," prosecutors wrote that Police in  Taraclia did not seize the original materials that served as basis for the investigation, they just "raised "copies.

Having examined the materials and questioned the authors of journalistic investigation, police in Taraclia refused to start an investigation, writes the reply of the General Prosecutor’s office. The person who filed a complaint at the police claimed the publishing of personal data that revealed scheme of "pond‘s privatization", while he was filmed with a hidden camera by a journalist who was posing as a buyer.

"Based on the arguments shown in the request and the order of the investigating officer of Police Inspectorate Taraclia, they established that the authors of the journalistic investigation were questioned and the copies of video that served as basis for the journalistic investigation were examined. All these materials contributed to the termination of the criminal procedure ordinance ", writes the reply of prosecutors.

General Prosecutor’s Office wrote that "in accordance with Art. 90 of the Criminal Procedure Code, the journalist cannot be summoned or questioned as a witness, to tell the person who presented the information on condition not to disclose the name, except the case when the person wishes to testify. Under the provisions of this article, Anghelina Gaidarji and Pascari L. (authors of the journalistic investigation) could refuse to give any explanation, in writing. "

President of CIJM Cornelia Cozonac says that the activity of journalists, including protection of information sources, is protected by several national and international normative acts. „ This case is extremely serious. It is good that, in the end, police gave up pressure and abusive actions", said Cornelia Cozonac.

In early June, Police Inspectorate in Taraclia ordered the questioning of journalists and confiscation of all materials which served as basis of an investigation about the pond in the town that became private property, through a dubious scheme. Policemen wanted to know exactly who ordered the publication of the material and provided video to reporters.

 Media organizations have condemned the abusive actions against investigative journalists and demanded resignation of persons from state institutions who have committed actions of persecution and authoritarian coercion. Also, the Center for Investigative Journalism demanded the Interior Ministry and Prosecutor General's Office to come up with a response. As a result, the Interior Ministry ordered an investigation to elucidate the circumstances of the incident. Speaker Andrian Candu sent a resolution to the  General Prosecutor's Office and called on prosecutors to investigate how the pond  became private property.

Anticoruptie.md
30/06/2016




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