Legislative Proposal Seeks to Restrict Media Access to Court Hearings
A legislative initiative that would ban photo and video recording during criminal hearings has been referred to GD Parliament’s Legal Affairs Committee. That proposal comes amid ongoing trials of detainees from the pro-EU protests, who say they are being persecuted on political grounds and who have been using their court hearings as platforms to address the public.
The proposal, authored by lawyer and former Tbilisi State University Professor Avtandil Kakhniashvili, argues that media coverage of court proceedings “discredits” law enforcement agencies. In a letter to GD Parliament Speaker Shalva Papuashvili Kakhniashvili contends that unrestricted transparency in criminal cases allows defendants to exploit courtrooms for political purposes.
As the frequent hearings of the detained protesters have become an integral part of political and social life in Georgia, the presence of the media in courtrooms provides a channel through which detainees can present their statements to the public. Using this opportunity, detained protesters have repeatedly challenged the prosecution’s allegations, expressed solidarity with one another, and exposed the police repression and the lack of professional integrity of judges.
Kakhniashvili ostensibly referred to the court proceeding of 11 defendants, including actor Andro Chichinadze – protesters arrested during the pro-EU demonstrations in December and charged with group violence. He complained that defendants “practically mocked the judge and prosecutors.”
“A series of court hearings this year has confirmed that live broadcasts clearly lead to the discrediting of law enforcement agencies,” he wrote. He added in his letter to Papuashvili: “I considered myself obligated to address the Parliament to take measures, especially since the socio-political situation in the country has changed significantly.”
Kakhniashvili criticized the GD government’s 2013 decision to allow media recordings in courtrooms, calling it an “unjustified step.” He cited coverage of cases against ex-president Mikheil Saakashvili, former Interior Minister Vano Merabishvili, and former Tbilisi Mayor Gigi Ugulava as examples of defendants using televised trials to make political statements.
Opposition politician Natia Mezvrishvili of the For Georgia opposition party criticized the proposal, accusing the GD government of attempting to close court hearings to the public.
“The text of the legislative proposal was clearly written in the ‘Dream’ [ruling party] office,” she wrote on social media.
The defense lawyer of detained Andro Chichinadze took to social media, calling the proposal “very dangerous” and warning that it would undermine the principle of transparency in the justice system. “Especially in the reality we live in, this law is tantamount to the death penalty,” Tornike Migineishvili wrote.
From 2007 up until 2013, media outlets were banned from filming or recording court proceedings without judicial permission. This restriction was lifted on March 6, 2013, when Parliament passed amendments allowing all attendees to make audio recordings of hearings and permitting journalists to take photos and videos in courtrooms, as well as in court building corridors and yards.
The news was updated at 10:30 p.m., to include the comment made by lawyer Migineishvili.
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