prijava
SARAJEVO, September 19 (FENA) - The Court of Bosnia and Herzegovina, as a socially responsible and transparent institution, and as the main part of the third pillar of government at the state-level, mindful of its position in the state structure, and respecting the position and significance of the media and public information agencies, in reaction to ever more frequent tendentious, unprofessional and incorrect media coverage of cases prosecuted before this court, for the purpose of improving public discourse and providing accurate and proper information to the interested public, hereby issues the press release that follows.
The courts of law, as socially responsible and transparent institutions whose purpose is to control the enforcement of law and adjudicate concrete cases, apart from those duties also have a duty to monitor the exercise of human rights and freedoms, and remind key stakeholders in the society of the relevant processes and their proper implementation.
The Court of Bosnia and Herzegovina, as the only regular state-level judicial institution, but also a court attracting most of media attention in national, regional and international media space, has demonstrated its commitment to a transparent and responsible reporting on the cases it adjudicates. The foregoing is best shown by the fact that the Court of Bosnia and Herzegovina has been among the leading institutions in the country according to the number of approved information access requests. Such practice satisfies the interests of a democratic society, and the Court will continue to properly and efficiently provide information to the public and to the interested persons.
The Court of Bosnia and Herzegovina has jurisdiction over adjudication of the most serious forms of war crimes, organized crime, corruption and terrorism in the entire territory of Bosnia and Herzegovina. Its results are reflected in hundreds of adjudicated cases and a large number of active cases about which the media have been increasingly feeding unprofessional, tendentious and incorrect reports, articles and commentaries.
Without intending to exert any influence on the freedom of press and freedom of expression, but with the aim of protecting own independence, promoting the rule of law, building a democratic society, providing proper information to the public and promoting a responsible discharge of reporters duties, the Court of Bosnia and Herzegovina notes the following:
The Constitution of Bosnia and Herzegovina and international instruments that constitute an integral part of the Constitution all provide for a freedom of expression together with other human rights and freedoms. Human rights and freedoms are not of an absolute character, which means that in certain situations certain limitations are possible, but they must be prescribed by the law. There are also exceptions with regard to the right of expression, which, inter alia, include the protection of rights and reputation of others, protection of public order and judicial authority and impartiality.
Council of Europe’s recommendations and declarations encourage media coverage of judicial proceedings, where courts are obligated to take a transparent attitude towards the media and the public, but the media too are suggested to, inter alia, promote professionalization and training of reporters in the field of law and judicial procedures, responsible coverage of criminal proceedings, drafting guidelines and norms of professional ethics, respect for the dignity and safety of participants in criminal proceedings, and avoiding prejudice and derogatory allusions in their reports.
The transitional and post-conflict society in BiH, burdened with its 1990’s war past, is facing tough challenges of integration into contemporary European societies, requiring a firm commitment to achieving European standards on transparency and responsibility, which primarily imposes obligations on the state-level institutions and lower levels of government, but also the media, the schooling system and ultimately all of its citizens.
Mindful of the aforementioned, the Court of Bosnia and Herzegovina appeals on:
The competent institutions to draft appropriate laws setting forth rules on media coverage of criminal proceedings, in order to clearly and unambiguously introduce order into this segment of media activities, and to properly perceive the freedom of expression in our legal order and practice, in line with our Constitution and international instruments.
The Communications Regulatory Agency of Bosnia and Herzegovina to, within its scope of responsibilities and in accordance with international standards, amend the normative framework pertaining to media coverage of judicial proceedings, and adequately correct the flaws and irregularities noticed in practice.
International organizations promoting the rule of law and building of democracy to positively and through training and education establish cooperation between the courts and the media, with the aim of improving the public information process.
The media, publishing houses and news agencies to report on judicial proceedings in a fair, honest, responsible and transparent manner, without any prejudices and derogatory allusions, respecting the presumption of innocence of the accused, and dignity of the victims and witnesses, while being mindful of the reputation, authority and dignity of the court and judges, and of the rights of other participants in judicial proceedings.
Finally, the Court of Bosnia and Herzegovina especially makes an appeal as follows:
Bearing in mind the sensitivity of war crimes cases, and the importance of conducting judicial proceedings for such offenses, being especially sensitive of the victims, it is necessary to avoid tendentious and bombastic reporting, as well as incorrect and malicious commentaries on these cases. Such unprofessional discharge of one’s duties undoubtedly offends the dignity of the Court of Bosnia and Herzegovina, encroaches upon the deepest feelings of the victims, and deepens inter-ethnic tensions, which in no way whatsoever contributes to the democratization of the BiH society.
The Court of Bosnia and Herzegovina will maintain its pro-active approach in informing the public about court cases, making maximum effort with regard to its efficiency and timeliness in the distribution of information, and development of cooperation with the media and the community, all with the aim to build a democratic society, which is exactly why this press release is issued, stated the BiH Court.
(FENA) S. R.
