The Municipal Court in Sarajevo believes that the publication of the first-instance verdicts, which have already been read in the courtroom, in two fairly public trials, could affect the passing of the second-instance verdict, and does not see any public interest in providing them to the media. Part of the courts follow them in such an attitude, but the practice is quite different in Bosnia and Herzegovina (BiH), analysis shows.
Numerous journalists attended the first-instance verdicts handed down to the former and current high-ranking official of the SDA, but when journalists requested copies of the judge’s decisions, the Municipal Court in Sarajevo refused to provide them, with the explanation that the appeal process was ongoing and that there was no public interest.
In the decision on the request for free access to information that was submitted by this court, it was answered that it was rejected because it was determined that these were non-final judgments that were appealed, and that the transparency of the work of the Court of First Instance in specific criminal cases was ensured.
In reality, this means that journalists could attend the pronouncement of the verdict, which as a rule is public, but not receive it in writing.
Brankica Spasenic, a journalist from Banja Luka, is unpleasantly surprised by this decision of the Court.
“Especially bearing in mind the kind of defendants involved and the cases that really had great public interest throughout the country,” she mentioned.
Transparency at the will of the presidents of the courts
Spasenic considers the failure to provide these verdicts to the media, whose journalists were able to attend the pronouncement, a negative practice that is not in accordance with the guidelines and recommendations of the High Judicial and Prosecutorial Council (HJPC). Personally, she had completely different experiences with the District and Basic Courts in Banja Luka.
The experience of journalist Nikola Moraca is such that transparency depends on the goodwill of the presidents of the courts. He manages to obtain verdicts from the Supreme Court of Republika Srpska (RS), the Basic and District Court in Banja Luka, and the Basic Court in Teslic, Detektor reports.
