
The Special Court closes its doors to the media. The latest regulation “On security, order, solemnity and rules of conduct in the premises of the Special Court of First Instance for Corruption and Organized Crime” recently approved and which enters into force on September 1, excludes the media from hearings.
According to the new rules, journalists must fill out forms every day to request permission to attend hearings, and when inside the courtroom, they are not allowed to use their phones, writes Shqiptarja.
The written request must be made at least 24 hours before the hearing, but it may happen that there is not enough space in the hall for all interested journalists. The GJKKO foresees that in such a situation, only a part will enter. The rest will have to get the information from their colleagues.
Neither tablets nor laptops are allowed in the courtroom. A restriction that also extends to defendants and lawyers, if the presiding judge "deems that their use violates security, order, solemnity and the proper administration of justice." And this at a time when SPAK's files themselves reach tens of thousands of pages.
Turning to the presence of cameras, the GJKKO cites the principle of publicity of the trial, but states in Article 78 that “photographing, recording or audiovisual broadcasting of court sessions does not constitute a necessary element of this principle and is authorized only under the conditions provided for by this regulation.” A definition that does not even attempt to hide the restrictive approach to the media and its role.
The law is clear when it states that “public court hearings are open to the public and the media,” providing this as a rule, and the restriction as an exception to the rule.
On the contrary, this regulation actually only offers prohibitions, to the extent that it contradicts its provisions. While the court must receive a written request 24 hours in advance, Article 78, point 3 states that “film crews are not allowed to enter the courtroom with cameras or other recording devices until the moment the panel of judges decides on the request to record or broadcast the session.”
A definition that clearly implies that they must be present at the moment when this decision is announced in the courtroom, as stipulated in the KLGJ's instruction: "The request is accepted or rejected in full or in part, only at the opening of the court session, when representatives of the media making the request are also present in the courtroom. This part of the session is recordable and broadcast without any restrictions."
But, unlike what the Supreme Court of Justice foresees and the practice to date, the new order no longer allows filming of the first few minutes of the session.
But further in Article 95, point 3 of the GJKKO Regulation, there is another provision: “The decision on the request is taken by the trial panel and is notified to the media representative before the start of the session, through the officer responsible for media relations”. A decision of a trial panel is announced in the courtroom, and it must be reasoned. Meanwhile, the GJKKO decides to do it by courier, through an officer, without even specifying the form, whether it will be announced orally by the officer, or in writing.