So observed Justice Brandeis in This Bill paves the way for broadcasting of all federal court proceedings in the US. This is a big step forward for liberal democracy. With this, we step up from the traditional notion that any citizen can make himself present in the courtroom, to a new level of transparency where we are utilising computer technology so as to make courtrooms visible to all citizens.
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Currently the US Supreme Court website provides access to audio recordings of all oral arguments before it, which may be downloaded or heard online. The Supreme Court of Victoria in Australia permits audio webcasts of some judgements and sentences are streamed live and are available for listening to on demand. The hearings before the UK Supreme Court are televised live. In comparison, no Indian Court has any facility to record transcripts of the oral arguments made by the counsels, nor are there any official records of remarks made by judges inside the Court room.
The only source of these oral conversations are media reports which are not quite reliable. In one instance, the Supreme Court issued a suo moto contempt notice to a newspaper for misreporting court proceedings leading to an unconditional apology by the newspaper. So does India need to legislate for sunshine in court rooms? Recent controversies suggest that it may be time for us to start thinking about audio-visual coverage of court proceedings: A 54 year old Government school teacher was detained in a Delhi Court for video recording of the court proceedings of a CBI case in which his relative is an accused; link An Indian origin law professor from the US sought permission to record court proceedings.
The High Court hearing reportedly turned into an altercation between the Judge and the Professor, and security personnel confiscated the recorder; link A businessman recorded a court proceeding without taking permission of the Court, prompting a Single Judge of the Delhi High Court to order a mental examination of the person. In all these incidents, the concerned individuals wanted to make audio-visual recordings of specific court proceedings but were denied the opportunity.
Two informative pieces here and here on this issue also conclude in favour of recording Court proceedings. Judicial reluctance and legislative void Whenever the Indian Courts had to pass a reasoned order explaining why an individual may not be permitted to make audio-visual recording of any judicial proceeding, the usual response has been the lack of any law or policy to permit the same.
The usual trait of judicial activism in Indian judges is curiously missing in this regard.
IN RE ORDER PROMULGATING AMENDMENTS TO MINNESOTA GENERAL RULES OF PRACTICE
In Deepak Khosla v. The matter first came up before a single judge, who referred it on to a larger bench. The larger bench observed that there is no specific provision of law mandating audio-visual recording of Court proceedings. Citing a catena of decisions on judicial restraint, the Court concluded that 'framing of a rule is a matter of policy'. Since there is no legislative policy allowing audio recording of Court proceedings, the Court refused to provide any relief to the petitioner.
The Court further went on to refuse a certificate of appeal to the Supreme Court under Article A of the Constitution, since in its considered view, the case did not involve a 'substantial question of law of general importance'. However, reportedly in another matter , the Supreme Court has expressed willingness to examine the proposal of audio-visual recording of proceedings.
Treatment in the Indian Financial Code In this backdrop of judicial reluctance coupled with a policy void regarding audio-visual coverage of court proceedings, the work of the Financial Sector Legislative Reforms Commission 'FSLRC' assumes special significance.
FSLRC has delivered a draft law along with its report. See All Customer Reviews. Shop Textbooks. Add to Wishlist. USD Sign in to Purchase Instantly. Temporarily Out of Stock Online Please check back later for updated availability. Current ICTY outreach programs include the following: 2. The ICTY is currently engaged in youth outreach that includes high school and middle school presentations, study visits, and internship projects.
In , this program was expanded to include presentations to high schools in Croatia, Serbia, and Kosovo. The ICTY also reaches out to university students studying the fields of law, politics, and humanities. The ICTY has also opened its doors to student visitors, enabling international students and young people from the former Yugoslavia to learn about the work of the ICTY onsite.
Students are able to follow live trial proceedings and pose questions to ICTY representatives. Finally, for the past four years, the Office of the Prosecutor OTP has offered internships to young legal professionals from the former Yugoslavia. The interns who are selected are able to assist OTP trial teams directly and also gain experience in international humanitarian law and criminal cases.
The ICTY offers a wide range of media outreach programs. The ICTY has made efforts to work directly with the media to ensure that journalists have been able to report accurate and up-to-date information on ongoing trials. The ICTY has also provided media contacts with audio-visual materials for use in reports. ICTY outreach personnel have appeared on local television and radio stations, and have given interviews to print publications. Through these different social media outlets, the ICTY is able to spread awareness of its work and effectively communicate its messages.
Witness statements that may otherwise be difficult to find are easily accessible through direct links on the ICTY Facebook page, which is accompanied by information on each witness and the purpose of the testimony.
The ICTY also disseminates important information on judgments, Tribunal events, outreach projects, articles, and UN news regarding the former Yugoslavia through its Facebook page. The website has recently been updated to include an improved interactive map, one of the best sources of information for crimes investigated and adjudicated at the ICTY , which displays many of the geographical regions that suffered during the conflicts and provides a corresponding overview of ICTY case-related information, and video-streaming of trials.
The documentary features interviews with ICTY staff members and testimonies of some of the sexual violence survivors who provided evidence for the ICTY. The audience included ICTY principals, members of the diplomatic corps, international court representatives, NGO staff, journalists, and students. Following the premiere, the ICTY held screenings of the documentary in the countries of the former Yugoslavia, complemented by roundtable discussions and seminars, and distributed copies of the DVD to over international experts in relevant fields.
Audio-visual Coverage of Courts: A Comparative Analysis by Stepniak, Daniel
The OTP has also initiated programs allowing for direct interaction with victims. The OTP is working on transferring its expertise regarding war crimes prosecutions to regional authorities, in order to ensure that regional war crimes prosecutions continue after the ICTY completes its mandate. Through this series of conferences, the ICTY attempted to allow local people to follow a case from start to finish. During the series, the audience was able to interact with the Outreach team and with senior ICTY officials, including senior investigators and trial attorneys, who were involved in prosecuting the cases.