The Right of the Defendant for Public Hearing and the Role of Media in this Publicity

AuthorMirvete Uka
Pages214-228
ACTA UNIVERSITATIS DANUBIUS Vol. 15, no. 1/2019
214
The Right of the Defendant for Public
Hearing and the Role of Media in this
Publicity
Mirvete UKA1
Abstract: Legal base of publicity of the trial (according to ECHR) is Kosovo Constitution. Opening of
court session is aimed at guaranteeing the development of an unmanaged process, avoiding the
possibility of misuse, getting people to know more about court rules and at the same time encouraging
judges to respect these rules. But if an open public hearing is incompatible with trial justice then priority
is given to the latter. Therefore, the court may restrict public participation and media coverage to the
extent necessary to protect other legitimate interests, even without revocation of such rights in full,
especially in the proceedings against juveniles but also in cases where they are witnesses in procedure.
Restricting publicity can also be made if national security is in danger. But, courts have been criticized
for lack of publicity. In media reports on functioning of judiciary it is stressed out that they encountered
many problems in obtaining information. During the preparation of this article, I have used the legal,
comparative, statistical and analytical methods.
Keywords: Defendant; publicity; fair trial; ECHR; media
Introduction
Constitution is the highest legal act of the state which derives from other applicable
laws in Kosovo, guides adoption of other legislation always ba sed on its general
principles. Fundamental human rights and freedoms are inseparable, inviolable and
inalienable. Among them also the rights of the defendant: right to a fair and impartial
trial; right to legal remedies; principle of legality and proportionality; right not to be
tried twice for the same act, etc. Public hearing serves to protect interests of the
defendant; it is a guarantee that judicial proceedings will be developed fairly and
1 PhD Candidate, Law Faculty, Pristina University Hasan Prishtina, Republic of Kosovo, Address: Rr.
George Bush, Nr. 31, 10 000 Prishtinë, Republic of Kosovo, Tel.: +381 38 244 183 /244 186, Fax: +381
38 244 187, Corresponding author: mirveteuka@hotmail.com.
AUDJ, Vol. 15, No. 1/2019, pp. 214-228

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