In Dnipro judge exacted formal request to film with hand camera
On March 21st, a judge of Nyzhnednypryansky district court in Dnipro denied to open hearings in presence of the journalists for the 34th TV chnnel saying the TV crew failed to provide the bar with formal request to authorize them to film with hand camera. OLha Zhuravel, the journalist for 34th channel informed IMI correspondedent if Dnipropetrovska region. Zhuravel told they had a hand camera and they were going to film the hearing for the program “Crime and punishment”. “We had got a hand camera: we were filmimg without tripod, no live broadcast we scheduled. I am aware that in that case we have not to file any formal request to get authorization to take pictures. But as the judge got in the court room and saw our TV crew, she asked us why we failed to file a motion. Then she said it was violation and she won’t open the hearing, until we file the formal request. We did not file it, as we knew the hearing would be adjournbed anycase due to request of one of the sides”, Zhuravel told. The journalist are going to file formal request at thenext sitting. “It is important for me to film the material for the program, so I will do it. But, unfortunately, the judges are manipulating these demands, although it is illegal”, Zhuravel said. Ali Safarov, IMI lawyer told in that case the judge had an illegitime demand to provide the formal request to film the hearing. “Transparency of the trial is one of fundamental principles of transparent and fair justice, Ali SAfarov told. He cited the article 11th”Onjudicial system and legal status of judges”, article 7th of the Code of civil procedure, in conformity to which the mass media can take photo, video pictures, proceed with audio recording in the courtroom by means of hand photo- , video-, audio- devices and without any special authorization of the court. “Restriction of right to take pictures is stipulated only in cases of announced closed-doors hearing of the court, when one must protect a secrecy of adoption, for instance, or other secrecy protected by the law. The authorization from the judge is necessarily only to film hearings withing criminal proceedings, but even there the formal request from the journalist who is not trial participant is not envisageable, as to the law of Ukraine and the judge has to issue his resolution to authorize to film the hearing without any formal request of the journalist”.
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