Superior Council of Magistracy has suspended the controversial Regulation on access to courtrooms

Anticoruptie.md
01/11/2016
Membrii CSM, în ședință. Foto: csm.md

Superior Council of Magistracy (CSM) has canceled its Regulation on access to courtrooms, published in the Official Gazette on 21 October, a document that has recently been in the attention of portal Anticoruptie.md. The Regulation provides more restrictions, especially for journalists, which media experts have qualified as "unfair, absurd and ridiculous for a judiciary system that is declared in full reform in line with European standards ".

„CSM members concluded that this Regulation contains flawed provisions, which need to be debated. Also, they came up with the suggestion that all interested persons- journalists, representatives of civil society etc. – should make proposals. CSM members did not develop their views on deadlines to this effect", said Carolina Mangir, senior specialist at protocol, public relations and media Service of CSM for Media-azi.md portal.

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, the 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 media accredited by the Broadcasting Coordinating Council has access to the headquarters of the courts, the access being approved by the president of the court at the written request lodged with at least 24 hours before the visit.

Meanwhile, the Legal Resources Centre in Moldova (CRJM) came up with first suggestions. Experts recommend exclusion of the provision by which journalists are obliged to submit a written request at least 24 hours before the opening of the hearing and the purpose of the visit. "This provision actually limits the access of media that learns about the date and time of the meeting in limited time. The purpose of filing a request 24 hours before the hearing is unclear. Such a provision is contrary to the principle of public hearings", writes the statement of CRJM.

Lawyers drew the attention to the phrase "the press accredited by the Broadcasting Coordinating Council" which is not correct. "The current legislation does not provide for any procedure for accreditation of media by the Broadcasting Coordinating Council. Moreover, the Broadcasting Coordinating Council can only interact with audiovisual media. Its decisions cannot affect print or electronic media", said representatives of CRJM.      

Several media NGOs and media institutions launched a public appeal protesting against these provisions, following some reports about restrictions imposed to journalists, posted on Anticoruptie.md portal. "We qualify adoption by the Superior Council of Magistracy (CSM) of the Regulation on Access to Court Premises (published in the Official Gazette of the Republic of Moldova on October 21, 2016), without extensive public consultation with participation of media organizations and outlets, an abuse by the CSM, through which journalists and media outlets will be further restricted in access to court hearings. Some provisions of this Regulation, such as the obligation for journalists to submit a written request for access to the courtroom at least 24 hours before the opening of the court hearing, or to present, in addition to credentials, the identity card and a copy of it, are both absurd and ridiculous for a judiciary system that is declared in full reform in line with European standards", reads the statement.

 

 

Anticoruptie.md
01/11/2016




Textele de pe pagina web a Centrului de Investigații Jurnalistice www.anticoruptie.md sunt realizate de jurnaliști, cu respectarea normelor deontologice și sunt protejate de dreptul de autor. Preluarea textelor știrilor și a investigațiilor jurnalistice se realizează în limita maximă de 500 de semne. În mod obligatoriu, în cazul paginilor web (portaluri, agenții, instituţii media sau bloguri) trebuie indicat şi linkul direct la articolul preluat de pe www.anticoruptie.md în primul alineat, iar în cazul posturilor de radio și TV – se citează obligatoriu sursa.

Preluarea integrală a textelor se poate realiza doar în condiţiile unui acord prealabil semnat cu Centrul de Investigații Jurnalistice.



Follow us on Telegram

Comments