Declaration: Media NGOs and Media Outlets Protest Against Abusive Restrictions of Access to Court Hearings

Non-governmental organizations and media outlets notice with concern the worsening conditions of access to information of public interest, and protest against abusive restrictions that are contrary to European practices in access to information and media access to courts.

We qualify adoption by the Superior Council of Magistracy (SCM) of the Regulation on Access to Court Premises (published in the Official Gazette of the Republic of Moldova on October 21, 2016), without extensive public consultation with participation of media organizations and outlets, an abuse by the SCM, through with journalists and media outlets will be further restricted in access to court hearings. Some provisions of this Regulation, such as the obligation for journalists to submit a written request for access to the courtroom at least 24 hours before the opening of the court hearing, or to present, in addition to credentials, the identity card and a copy of it, are both absurd and ridiculous for a judiciary system that is declared in full reform according to European standards. By means of these copies of the identity card, the names of uncomfortable journalists will be collected, and they will in the future be denied access to court premises under the reason of lack of space in courtrooms. In the past year, the access of journalists and filming crews was often restricted in courts, in public trials, especially in resonant cases, such as the cases of Filat or Shor. Shor’s bodyguards have lately been the ones to let the media to the court or not, in trials with Shor. There are many difficulties with reporters’ access to judicial information, but the SCM, instead of discussing with the media about solutions to current problems, has issued a regulation that will further complicate access.

The signatory organizations and media outlets ask the SCM to annul its decision of approving the Regulation on access to court premises and to initiate discussions on this topic with the participation of journalists and media outlets relevant for the justice sector.

We ask the European Commission Delegation to Moldova and the diplomatic representatives of other countries that offer funding for the justice system reform in our country to take note of this declaration and intervene in order to solve this situation, which violates both the right of the media to cover court trials and the right of litigants to a fair trial.

Journalists and non-governmental organizations had previously complained of incorrect interpretation and application of the European Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, unjustified increase of state fees for access to the data of the “Registru” State Enterprise, restriction of access to relevant data on funders of election campaigns in the period of presidential elections of 2016, other artificial obstacles aimed to classify information of major public interest as secret.

Association of Independent Press
Journalistic Investigations Center
“Ziarul de Gardă” newspaper
“Access-info” Center
Independent Journalism Center
Electronic Press Association
Press Freedom Committee
Young Journalist Center of Moldova
Legal Resources Center of Moldova
Public Association Center for European Initiatives “EuroPass”