Albania's Special Court against Corruption (SPAK) bans recording and use of devices in trials, journalists sound the alarm

The Special Court against Corruption and Organized Crime in Albania (SPAK) has adopted an internal regulation that, according to journalists' and lawyers' associations, will significantly restrict media access to hearings and reduce the transparency of judicial proceedings. The rules are expected to take effect in September.

Under the new regulation, journalists will have to request permission at least 24 hours in advance to attend hearings. The rules also limit the number of media representatives in courtrooms, ban recording in the court corridors and the use of mobile phones, laptops and tablets during hearings, and abolish the practice of recording the opening minutes of trials.

Condemned by professional associations

The Association of Albanian Journalists (AGSH) condemned the measures, describing them as a violation of the constitutional guarantees for media freedom and of the European Convention on Human Rights. The president of the Albanian Bar Association, Maksim Haksija, warned that he will propose a boycott of court hearings, arguing that the restrictions obstruct the work of lawyers and lack an appropriate legal basis.

The regulation also introduces new rules for journalists' accreditation and foresees checks of existing permits for access to the court. Critics point out that the document departs from the High Judicial Council's 2023 guidelines on relations between courts, the public and the media, and that it was adopted without prior consultations with the interested parties.

The European Federation of Journalists (EFJ), through the project “Rapid Response for Media Freedom”, joined AGSH's concern and called on SPAK to immediately postpone the entry into force of the regulation and to start a proper consultation process. "The complete ban on the use of basic reporting tools is neither necessary nor proportionate. The EFJ supports AGSH's call to ensure that any restriction on court proceedings is well justified, based on law and respects the right of the media to inform the public freely, professionally and responsibly," said EFJ Secretary General Ricardo Gutiérrez.

Journalist organizations and legal representatives warn that the combined effect of prior permission, limits on numbers and technical bans will seriously hinder independent reporting from criminal proceedings and will restrict public oversight of cases of high public interest.

Photo: Dragan Mitreski, 13.07.2020, State Election Commission