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The Standard Guide for Courts' Relations with the Public and the Media, approved by the Supreme Judicial Council, KLJ on December 6, entered into force after publication in the Official Gazette on December 16.
The guide defines the rules and procedures of information and communication with the public and the media, with or without their direct interest. Transparency in the justice system still leaves much to be desired, and the new guide was drafted after discussions and suggestions from actors in the media field, civil society and interest groups.
The guide states that the public and media relations services are exercised by the judge and the designated civil servant, who also cooperate with the member of the KLJ responsible for public and media relations, for the unification and standardization of communication.
In addition to the forms of communication with the public and the media, the guidelines also define the ways of communication in case of special critical situations, where those that require fast communication are considered as such; events with high public sensitivity; publication of incorrect information about pending cases; public attacks against the court and against judges, etc.
The KLJ has divided the information into two formats, the one made available without request that includes information or documents that are not prohibited by law from being made public. Court decisions are determined as a rule to be published anonymized by erasing personal data, which are considered the generalities of the parties and third parties; personal identification number; Phone number; postal and electronic address; bank account number; car license plate; as well as any data or other element that identifies the subject of personal data; data of minors; as well as any data claimed by the party in the trial that violates the dignity and private life of the parties or third parties.
In the instruction, it is determined that the data of legal persons, natural commercial persons, as well as institutions and public bodies when they are parties to the process, or when they are third parties or mentioned during the presentation of the facts in the court decision, are not subject to anonymization. In case the party gives consent before the court for the full publication of personal data, then their full publication is allowed.
The new guideline has determined the full publication of the data of accused persons who are found guilty of criminal offenses tried by the Special Court for Corruption and Organized Crime; when the accused is an official or employee of the public administration who exercises other functions, who is declared guilty by a court decision for the criminal offenses of corruption, abuse of office, as well as any other criminal offense related to his function; for crimes that affect free elections and the democratic system in elections; when the accused is found guilty of crimes against humanity, sexual crimes, fraud
According to the KLJJ, court files can be accessed at any time by the parties in the process, their legal representatives, the judge or the trial body of the case, the prosecutor, as well as any other person or public institution authorized by law. While persons interested in the use of judicial decisions for research, scientific, statistical, literary or journalistic purposes, only a copy of the complete decision is made available. While the complete file is made available only with a motivated request where the impossibility of achieving the purpose of access is argued only through consultation of the decision. But in any case, the person requesting access is obliged to maintain the confidentiality of the information by signing the relevant declaration.
Unlike before, the new guideline stipulates the permission of the media representative to report through telephone or computer messages, after having previously secured the authorization of the chairman of the session. Also, it is determined that court sessions can be recorded and broadcast in the media, at the request of the media or at the initiative of the presiding judge. But when the court hearing is recorded by cameras from the court itself, electronic media cameras are not allowed to film as the footage or audio recordings of the hearing are distributed from the court, or the full broadcast is allowed from a special environment outside the courtroom./BIRN
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