Thursday 12 June 2014

Press freedom prevails over secret trials

SECRET trials have been ruled out by the British court of appeals following action by media groups.
Prosecutors had originally pushed for the trial of Erol Incedal and Mounir Rarmoul-Bouhadjar to be closed to the media and public, claiming it was a matter of national security. 
According to reports by the British Broadcasting Corporation Mr Incedal is charged with preparing for acts of terrorism, contrary to the Terrorism Act 2006 and a further allegation of collecting information useful to terrorism. Mr Rarmoul-Bouhadjar has been accused of possession of false identities and collecting information useful to terrorism.
In a statement following the verdict judges from the Court of Appeal said: "Open justice is both a fundamental principle of the common law and a means of ensuring public confidence in our legal system; exceptions are rare and must be justified on the facts.
"Any such exceptions must be necessary and proportionate. No more than the minimum departure from open justice will be countenanced."
The prosecution has previously stated that if reporting was allowed on the trail then it may be forced to abandon the case.
Ahead of the hearing Anthony Hudson, representing the media groups, was reported as saying: 
"We submit that the orders made mark such a significant departure from the principle of open justice that they are inconsistent with the rule of law and democratic accountability," adding. "This case is a test of the court's commitment to that constitutional principle in the admittedly difficult and sensitive cases where the state seeks to have trials involving terrorism heard in secret and relies in support of that on grounds of national security."
Despite striking down arguments that the entire trial should be held in secret strict rules have been laid down for what can and cannot be reported.
According the ruling journalists will be allowed to cover the swearing in of the jury and reading the charges, part of the judge's introductory remarks and a portion of the prosecution opening speech. If the defendants are found guilty then coverage of the verdicts and sentencing will be permitted.
The news has been welcomed by the press and human rights groups which had condemned the original decision as against the principles of British justice.
Former Prime Minister Tony Blair's, wife Cherie Blair, an internationally renowned human rights lawyer, has given her view on the subject during an interview with a legal publication. 
"Secret courts can occasionally be justified. It is all about proportionality and where you draw the line. And who draws the line," explained Mrs Blair.
Previous attempts to hold secret trials in the UK have brought widespread condemnation from charities and the public. During one attempt in 2012 Amnesty International released a strongly worded statement criticising the government's plans.
"These proposals are dangerous and should be dropped," said Tara Lyle, Policy Adviser at Amnesty International UK.
“They will allow the government to throw a cloak of secrecy over wrongdoing, including matters as serious as the alleged involvement by UK officials in rendition, secret detention, enforced disappearances and torture."

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