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Declaration of Media NGOs regarding limitation of Access to Information by the Supreme Council of Magistracy

09 June 2016
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Media NGOs express concern regarding the decision of the Supreme Council of Magistracy (SCM) to prohibit journalists’ access to its meeting on June 7, invoking internal regulations. It should be mentioned that no such regulations appear on the institution’s website. According to the SCM press service, these regulations do not exist, but they are just being developed. Thus, SCM chairman demanded journalists to leave the meeting room despite there being no document regulating the access of the media.

We contest such practices, which are incompatible with democratic standards that the rule of law is based on. According to the agenda, at the meeting of June 7, the SCM examined several topics of public interest: interim Prosecutor General’s request to start criminal investigation against Judge Olga Cojocaru; conduct of contests for vacancies in courts; reviews on some draft laws; etc. Thus, journalists were deprived of the possibility to receive information directly from the source about the decisions adopted by the SCM.

It should be reminded that under the law on the freedom of expression, “no one can prohibit or prevent the media to disseminate information of public interest.” Also, the law on access to information stipulates that anyone has the right to seek, receive, and make known official information. According to the law on the press, the journalist has the right to obtain and disseminate information; to make audiovisual recordings, film, and photograph.

Preventing media representatives to seek and disseminate information about issues examined at SCM meetings is a violation not only of the media laws, but also of the law on the Supreme Council of Magistracy. Under Article 81 of this law, the works of the SCM “shall be transparent and conducted by ensuring society and media access to the information about the activities of the Council.” SCM meetings are public, and the chairman’s demand to declare them closed must be motivated.

We ask the Supreme Council of Magistracy to re-examine its decisions on access of the media to its meetings, taking into account the legal framework regulating the media and journalists’ legitimate rights to seek and disseminate information of public interest.

We appeal to the Council’s administration to show more openness and transparency in its work and to treat the media with more trust, as a democratic institution that, through well-reasoned and well-researched materials, might contribute to reducing corruption and implementing reforms, including reforms in the justice sector.

We also suggest foreign embassies and representative offices in Moldova to monitor the lack of public institutions’ transparency in relations with the media and limitation of journalists’ access to information of public interest, and to make due assessments of such cases.

Independent Journalism Center
Association of Independent Press
Association of Electronic Press
Association of Independent TV Journalists
Center of Journalistic Investigations
“Acces-Info” Center
Committee for Press Freedom