52
Rights Defenders in the Americas, the Inter-American Commission deems it is necessary
for States to adopt the following as additional guarantees against external pressure on
the work of justice operators (item c above):
121.
As measures of institutional assistance, the IACHR recommends
providing prosecutors and judges with specific training in the handling of highly
controversial situations in which they may be pressured in their work. Instead of being
limited to theoretical considerations, this training should cover practical issues in the
real-life situations within which those officials operate. Forums for consultations,
exchanges and support for the officials who deal with cases with this kind of high
societal impact should also be designed and implemented.
122.
In addition, judicial institutions must design and implement policies,
strategies, and methodologies for communicating with the public and the media, so that
public institutions can develop their own lines of communication to provide the citizenry
with transparent, accessible, and understandable information. The establishment of
spokespersons and press officers would ensure the professionalization of this function
and, in addition, help free justice operators from tasks not related to their duties. These
institutional changes can create the conditions for better and more efficient relations
between the media and judicial authorities, and they can help eradicate certain
inappropriate practices.
123.
The IACHR notes that the Council of Europe recommendations
regarding the provision of information to the press in connection with criminal
proceedings offers a valuable set of guidelines that could be used as a framework to
establish communications policies in the OAS member States. Those rules are designed
to ensure a balance between respecting and upholding the rights of freedom of
expression, due process, respect for privacy and family life, and ensuring the right of
rectification and response, which are also enshrined in the Inter-American system’s
173
instruments. Those guidelines are also based on the premise that the provision of
information on judicial proceedings – and, particularly, on criminal cases – is covered by
the right of the citizenry to be informed about matters of public concern, including
justice, and that restrictions on the press in this area must be in accordance with a
limited interpretation of those restrictions of the right of free expression and
information contained in the European Convention on Human Rights itself (Art. 10). On
that basis, these recommendations offer a series of principles that on substance are also
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applicable to the regional context of the Americas.
173
Council of Europe / Committee of Ministers, Recommendation Rec(2003)13 on the provision of
information through the media in relation to criminal proceedings, adopted July 10, 2003.
174
Rec(2003)13.
Council of Europe / Committee of Ministers, Explanatory Memorandum to Recommendation
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