Право на правично суђење и медијско извештавање у пракси Европског суда за људска права
The Right to a Fair Trial and Media Coverage in the Case Law of the European Court of Human Rights

Author(s): Saša Atanasov, Milica Kovačević
Subject(s): Media studies, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Fair trial; Presumption of innocence; Freedom of speech; Criminal procedure;
Summary/Abstract: According to Art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, every citizen has right to a fair trial, which includes the right to the presumption of innocence. On the other hand, Art. 10 of the convention guarantees the right to freedom and expression of opinions, which also refers to the freedom of the press, while at the same time press has obligation to inform citizens on issues of general interest. The question is whether the enjoyment of the right of freedom of expression affects the defendant's right to a fair trial, especially when it comes to extensive media campaigns reporting on certain significant cases, as well as when it comes to statements by government officials about ongoing investigations. and criminal proceedings in general. In the practice of the European Court of human rights, certain opinions have emerged, such as that state officials do have the right to speak on issue of the greatest general interest, including criminal matters. However, balance needs to be struck between freedom of expression and the right to fair trial. Therefore, the paper is dedicated to the analysis of the most significant cases from the practice of the European court of human rights, in order to point out some key issues. The normative and the comparative method have been used. The aim of this paper is to five certain recommendations that could be applied in practice. One of the main conclusions is that prosecutors and judges have particularly complex obligations regarding the preservation of the presumption of innocence. Other high-ranking state officials also have an obligation to take account of the right to a fair trial. Leaders of political parties and other public figures do not have to speak with such a high level of discretion and attention when it comes to ongoing criminal proceedings.

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