| Output/Results: |
The seminar was well organised and the level of motivation of participants high. All participants received a translation of the Declaration on the provision of information through the media in relation to criminal proceedings, as well as a translation of the Recommendation (2003)13 of the same title and its Explanatory Memorandum. They also received a copy of the laws on freedom to access information.
During the first session, Mr Frédéric GRAS presented the European standards regarding the provision of information through the media in relation to criminal proceedings and illustrated his speech with some examples drawn from the French experience. Mrs Adisa ZAHIRAGIC, judge, gave an overview of the existing legislation in Bosnia and Herzegovina which shows that European standards regarding this issue are included in domestic laws and constitutions.
The second session was dedicated to the professional standards and practice concerning media coverage of judicial proceedings. A panel composed of judges, journalists and the ombudsman for the media in Bosnia and Herzegovina, explained the practical problems they encountered. Several journalists said that they knew very little about criminal proceedings and criminal terminology and that this could lead, amongst other things, to infringements in respect to presumption of innocence. Firstly, they stressed the lack of training. Secondly, they regretted that in most tribunals spokespersons were not appointed and in tribunals where there were indeed spokespersons, the latter lacked clear and effective guidelines. It was also underlined that most journalists did not comply with adopted codes of conduct for journalists. However, the responsibility of editors in publishing unsatisfying or irrelevant information was also stressed. Judges regretted that, when commenting on a case or a judgment, journalists gave too much importance to the judge himself/herself rather than explaining the legal grounds of the decisions.
During the third session Mr Amir Ibrovic, representative of Internews, presented the conclusions of research on the coverage of judicial proceedings. The conclusion of this research was that judges did not pay sufficient attention to the media and that although their lack of interest could be partly explained by their difficult conditions of work, they should, for the sake of the public interest, try to work more transparently. As regards the work of journalists the study confirmed a certain lack of professionalism: the study mentioned that it was difficult, if not impossible, to find the sources of the disseminated information and that the follow-up of criminal proceedings was, most of the time, not ensured, with for example journalists neglecting the appeal proceedings.
During the discussions, means to improve the quality of media coverage of judicial proceedings were mentioned:
- continuous education of editors and journalists on legal terminology and judicial proceedings
- strengthening the role of spokespersons and related services in court bodies
- issuing of press releases by the courts on a regular basis in the cases important for the public, in particular with a view to the coming cases in the war crime chamber
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| Conclusions/Follow Up: |
The Seminar was highly appreciated. The discussions were lively, frank and conducted in a positive atmosphere. The participants and the organisers came to the conclusion that this kind of meeting which brought together prosecutors, judges and journalists was a good means of improving the cooperation between journalists and the Judiciary. Finally, the Council of Europe was asked whether it would be ready to provide assistance in drafting guidelines regarding coverage of judicial proceedings which would be intended for journalists, editors and judicial bodies. |
