Activity Details (ID# 7418)

Activity Synopsis

The overall objective of the seminar was to familiarise judges, prosecutors, lawyers, journalists and police officers with the question of the balance to be struck between freedom of expression and information and other fundamental rights, in particular the right to a fair trial and to the presumption of innocence as well as the right to privacy. A related objective was to present the relevant Council of Europe standards (case law of the European Court of Human Rights and Committee of Ministers texts on the provision of information through the media in relation to criminal proceedings) and to compare these standards with the Montenegrin legislation in terms of reconciliation of these equally important human rights.

 

The seminar gathered quite a high level of participants, which enabled a very productive discussion.

Various documents were distributed to the participants, including the European Convention on Human Rights, Recommendation (2003)13 of the Committee of Ministers to member States on the provision of information in relation to criminal proceedings and a Declaration adopted by the Committee of Ministers on the same topic, as well as judgments of the European Court of Human Rights.

Most of the discussion focused on an exchange of experience concerning freedom of expression and information in the context of criminal proceedings, its scope and limits within the case law of the European Court on Human Rights and, on the other hand, Montenegrin legislation and practice. The fact that the participants came from various fields, which are interrelated with regard to the subject of the seminar, resulted in a very open and constructive debate which raised many practical questions and cases. This particularly concerned the balance between freedom of expression and the right to privacy, both within the framework of regulation and self regulation by the media. It was interesting to note that, so far, only the court of Herceg Novi has delivered a judgement which refers to the case law of the European Court of Human Rights.

The event was well covered in all the Montenegrin newspapers (dailies “Vijesti”, “Pobjeda”, “Publika” and “Dan”). Some of these, which were represented by journalists or editors at the seminar, made longer reports, including interviews with the CoE experts. Since the activity took place outside Podgorica, it also attracted the local media, which provided considerable media coverage.

The activity was followed by evaluation questionnaires completed by the participants and a final debriefing session during which both the participants and lecturers expressed their utmost satisfaction with the seminar. They made it clear that this type of activity is extremely useful and needed in Montenegro. They also provided useful recommendations for future activities.

The programme was implemented as planned. The working hours were extended beyond the original schedule at the request of the participants, who were very motivated. In addition, the moderator was very inspiring and professional in leading the discussions.

 

The seminar proved to be necessary and was very successful in terms of organisation and content. It produced many new ideas concerning possible future activities, since Montenegrin legislation is still not properly implemented, as the participants concluded. They also felt that this type of training activity was particularly useful in helping them to adapt to the new legislation and to adopt a broader approach by looking at the relevant European standards.

They unanimously recommended that this type of training activity should also be organised for their colleagues. In addition, a number of participants were interested in receiving further material about the judgments of the European Court of Human Rights in their own language.

It would be worth organising another seminar for a similar audience, in order to reach the persons who are directly in charge of the implementation of the newly passed legislation in this field.
 

Judges, prosecutors, lawyers, journalists and police officers

 

Mr Bert MAAN, President, Regional Court of Zwolle, Netherlands
Mr Gavin MILLAR, QC, Barrister, UK
Mr Abaz Beli DŽAFIĆ, Director, Broadcasting Agency
Mr Ljubiša MATKOVIĆ, Judge, Court of Herceg Novi
 

Ms Lejla DERVIŠAGIĆ, Media Division, Directorate General of Human Rights
Ms Daliborka ULJAREVIC, Council of Europe Office in Montenegro and Media Division, Directorate General of Human Rights