The try of the convicted gold diggers, who at the moment are on trial on the Court docket of Attraction, to make the most of the current change within the legislation on the publicity of their instances, with a purpose to lower off rapid details about the trial, is criticized by the well-known lawyer Thanasis Kabayiannis along with his put up on Fb.
On the Court docket of Attraction, there was a conflict between Golden Daybreak legal professionals who demanded that the Golden Daybreak Watch broadcast the trial on the Web and the advocates of the civil go well with, who understandably insisted on the trial being made public.
The opposition events and the Panhellenic Federation of Editors’ Unions have stood in favor of the protection of publicity, as have many legal professionals who defend Article 93 of the Structure.
Mr. Kabayannis additionally connects in the present day’s try and ban the published of the trial with the anticipated trial of the crime of Tempi.
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Thanasis Kabayanni’s put up in regards to the Golden Daybreak trial
“Mitsotakis crosses, Michaloliakos hits the crossbar
Now we have mentioned from the primary second that the brand new provision for the publicity of the trials was revealed that the aim is to black out the Observatories and the dwell courtroom reporting from the legal viewers. After the reactions, Floridis acknowledged that “we see ghosts” and that the noise “is for nothing”.
At present on the Golden Daybreak Court docket of Attraction, the legal professionals of the defendants Michaloliakos and Matthaiopoulos requested the dismissal of the Golden Daybreak Watch Observatory. Their argument was fully contradictory: from word-for-word rebroadcasting with simultaneous posting on Twitter and thus utilizing particular software program to the rebroadcast being incomplete and probably biased. Commonplace was the legislation change: from the second the Mitsotakis authorities crossed, there was no purpose why Michaloliakos mustn’t seize the chance to attain the purpose.
After listening to the authorized arguments of the civil motion, the courtroom accepted the prosecutor’s proposal to report the request within the minutes and ship them to the Prosecutor’s Workplace for its personal actions. With this determination, the expulsion of the Observatory was prevented in time. Nevertheless, the sending of the data to the Prosecutor’s Workplace will in all probability imply a preliminary examination to research a violation of the brand new provision by the Observatory. In different phrases, we’re confronted with a doable criminalization of journalistic protection of the Golden Daybreak trial. It’s famous that, though the initiative is journalistic, the observers within the Golden Daybreak trial are legal professionals.
The battle for the safety of publicity, each within the Golden Daybreak trial and in different extremely acclaimed trials, is upon us. The Union of Judges and Prosecutors and POESY have already expressed their opposition to the brand new provision. The management of the Athens Bar Affiliation is obstructing the issuance of a call, though the advisors of Different Intervention – Authorized Overturn have raised the problem with the Board of Administrators from the very starting.
The black within the publicity of legal trials is warming up.
Let’s take into consideration the upcoming crime trial in Tempe: does the federal government wish to throw black there too? Who does black serve within the constitutionally assured precept of trial publicity?
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A quick recap of my intervention in the present day towards GoldenDawnWatch’s expungement request with the assistance of the Observatory:
“Any determination you make ought to be made based mostly on the constitutional rule of article 93 par. 2, which is publicity, with the prohibition being an exception. The identical is supplied for within the Code of Legal Process, but additionally the ECHR and different worldwide conventions. And this publicity has been put to the advantage of the accused. And the defendants had been asking for this, that’s, the radio and tv protection earlier than the trial started.
And I’m studying to you the assertion of Michaloliakos earlier than the trial started: “I’ve made it clear that I want our trial to happen… yesterday. To have tv protection and for all of Europe to see the fiasco file web page by web page. The courtroom will not be a Klapa or Doyakou investigative workplace that operates on the idea of “we resolve and order”. The listening to will likely be performed underneath the burden of inquiries to the events. The Greek media could also be in an organized cover-up service, and never projecting the reality, however I inform you that greater than 150 of your colleagues from European tv networks have requested our celebration to be current at this trial. Will they be banned?”
That is what the accused Michaloliakos was saying earlier than the trial began in 2015, then in fact he modified his thoughts. Concerning the brand new provision: It’s a provision to be interpreted by your courtroom. Provides the web to the audio and video transmission ban. And it additionally refers to particular software program that converts audio to textual content. In different phrases, there’s not solely the ban on broadcasting, however there’s additionally the ban on dwell streaming, for somebody to press and present the picture and even the sound of what’s occurring within the room. Because it additionally prohibits dwell recording. This provision prohibits this. As a result of reactions, the Minister made a clarifying assertion and mentioned in an interview with SKAI on 12/7/2024: “we added the ban on broadcasting by way of the Web by way of software program and platforms”.
Subsequently, the ban doesn’t and can’t apply to the written response and the report from the room. What does this imply; Recording by a journalist or observer on paper or on a pc after which rebroadcasting. Any prohibition of written retransmission, it isn’t doable to exist. As for the precise Observatory, as a result of it is aware of that it should have elevated ensures, although it was arrange by journalists, it was chosen to report the method by legal professionals. The colleague, who’s subsequent to me and data the method, is a lawyer. This provision doesn’t concern written transmission, however audio and video transmission. To reject the request of the protection”.
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