Regulation // Restrictive measures introduced by CSM: Journalists who want to participate in public hearings will have to ask for permission in written form, 24 hours before

Anastasia Nani
24/10/2016
Membrii CSM în şedinţă. Foto: csm.md

The access of journalists but also of ordinary citizens in courtrooms and at hearings became more complicated. The Superior Court of Magistracy (CSM) approved in late September the Regulation on the access to courtrooms, document which introduces some restrictions. The regulation was published on Friday, October 21, in the Official Gazette, thus coming into force.

UPDATE Representatives of the Supreme Court of Justice say that the president of the court Mihai Poalelungi plans to amend and supplement the document. " Taking into account the reactions of media to the Regulation on access to courts, and in particular the comments  on the provisions regulating the access of journalists in courtrooms, Mihai Poalelungi, as member of law of the Superior Council of Magistracy, intends to propose amending and supplementing the aforementioned normative act. For simpler and clearer conditions of media and citizens’ access to courtrooms, we request to send proposals on amending the Regulation at [email protected] ", reads the note of the Supreme Court of Justice.

This Regulation provides that the media access to hearings is permitted by the president of the hearing and just in courtrooms. According to the document, taking into account the available space, media representatives are going to ask for the permission through a written request with at least 24 hours before the opening of the hearing.

Also, the access will be conditioned by the presentation of the ID card, followed by a copy that will be annexed to the file and this is for not admitting the further participation of the persons as witnesses.

Another point from the regulation shows that the mass-media accredited by the Broadcasting Coordinating Council has access to courtrooms, the access being approved by the president of the court at the written request lodged with at least 24 hours before the visit. The journalists will have to indicate the purpose and to annex the act of accreditation.

“I believe that this Regulation is a part of the concerted policy of the current government to hedge the access of press, civil society and of the citizens, in general, to the information of public interest, it not to be monitored. Justice is carried out for citizens and it has to be seen. Or, by limiting the press access to hearings, that have to be public, with the exceptions established by law, the authorities do nothing but increase even more the citizens’ distrust in justice. The hearings where judgments are issued at order will close for sure, favoring some people, groups, in the interest of some who bribe. I think this is the stake of the current Regulation that was not consulted with the media”, commented Cornelia Cozonac, president of the Center for Investigative Journalism.

The access of other persons who would like to assist to public hearings will be also allowed by the president of the hearing and just in courtrooms. The interested persons are going to ask for the permission through a request written with at least 30 minutes before the opening of the hearing.

“I am convinced that all the members of the Superior Council of Magistracy plenum, who voted for this Regulation, are obliged to resign. Through their vote, they proved that they have an anti-democratic and anti-reformist mentality. They do not deserve to continue the activity at the CSM. If they do not resign voluntarily these days, until October 28, when we have the meeting of the Lawyers’ Union Council, a decision is going to be adopted and all the lawyers will declare general strike with the request of resignation of the current composition of the CSM”, wrote the lawyer Veaceslav Turcan on the social network Facebook.

The Superior Council of Magistracy started the Regulation elaboration in February 2016 “in the view of provision of justice accomplishment in conditions of security, equity, impartiality and without interference”. Then, the CSM plenum established a working group, made up of presidents of courts and heads of court secretariats.

 

Anastasia Nani
24/10/2016




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