Activity Details (ID# 6417)

Activity Synopsis

The objective of the seminar was to present to the judges and the prosecutors the general principles developed by the European Court of Human Rights concerning Article 10 of the European Convention on Human Rights (ECHR) and its application as regards defamation, insult, incitement to hatred, access to information, protection of sources and state secrecy. Case studies concerning defamation, insult and the protection of sources were discussed with the participants. 

The seminar was very well organised. All participants received a copy of the European Convention on Human Rights, the case law concerning Article 10 of the European Convention on Human Rights, the series of Recommendations and other texts of the Committee of Ministers concerning the media, as well as the Montenegrin Media Law, Broadcasting Law and Public Broadcasting Services Law, all of which allowed them to compare existing national legislation with European standards. Given the fact that it was the first activity within the framework of the 2nd Joint Initiative between the European Agency for Reconstruction and the Council of Europe, the Deputy Minister of Culture in charge of the media and the representative of the European Agency for Reconstruction opened the seminar.

The participants were very motivated and very active thanks to the excellent presentations by the experts. The judges and prosecutors had already participated in other seminars on the European Convention on Human Rights and their knowledge of the Convention was relatively good. It was their first seminar exclusively dedicated to Article 10 of the ECHR.

During the discussions it was evident that the participants were aware of the importance of applying European standards concerning freedom of expression and information, and that during the role-playing exercises they had assimilated the criteria and the methodology applied by the European Court of Human Rights, although they had not yet assimilated this criteria in their regular practice.
 

In general, the seminar could be considered successful. An evaluation questionnaire was distributed to the participants at the end of the seminar. The general conclusions were that the participants had a basic knowledge of the ECHR, but that they need experience to be able to apply in their daily practice both the European standards and the recently adopted Montenegrin laws concerning the media.

All participants expressed their wish to :
- continue being trained
- attend training activities where the judges of the European Court would participate
- participate in seminars on other Articles of the ECHR, especially on Article 6
- attend seminars on trafficking in human beings.

Another seminar for judges and prosecutors will be organised on 4-5 December 2003 on the same topic.
 

Deputy Minister of Culture in charge of the media, Executive Director of the Judicial Training Centre of Montenegro, Representative of the European Agency for reconstruction, magistrates 

Mr. Andrea TAMIETTI, Lawyer at the Registry of the European Court of Human Rights
Mr. Frédéric GRAS, Barrister, France
 

Mr. Vladimir RISTOVSKI, Head of the Council of Europe Office in Podgorica,
Ms Daliborka ULJAREVIC, Political and Media Adviser, Council of Europe Office in Podgorica
Lejla DERVISAGIC, Media Division, Directorate General of Human Rights