Activity Details (ID# 7484)

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 in the media field, 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.

The presence of many local and national radio and TV stations shows the interest of the Montenegrin media as well as the Montenegrin population in subjects concerning freedom of expression and information.

Most of the participants were young judges and prosecutors or their assistants. They already had some knowledge of the European Convention on Human Rights and on the practice of the European Court of Human Rights, but not enough. It was the first time that they had had a seminar exclusively dedicated to Article 10 of the ECHR and the opportunity to exchange views with someone who works at the European Court.

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. The presence of a considerable number of young lawyers who work with judges and prosecutors is a very good sign and shows their desire to learn. However, given that it is judges and prosecutors who make decisions and rulings, in the first instance, their participation is more important.
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
- participate in seminars on other Articles of the ECHR, especially on Article 6
- attend seminars on political freedom.
 

Executive Director of the Judicial Training Centre of Montenegro, Representative of the European Agency for reconstruction, magistrates 

Ms Montserrat ENRICH MAS, Head of the Research Division, European Court of Human Rights
Mr. Frédéric GRAS, Barrister, France

 

Ms Daliborka ULJAREVIC, Political and Media Adviser, Council of Europe Office in Podgorica
Lejla DERVISAGIC, Media Division, Directorate General of Human Rights