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Judges say no to trial by publicity

BAGUO CITY (Sept, 15) — Judges here frown at police authorities’ practice of presenting to the media suspects of criminal offenses saying it is a violation of their constitutional and human rights.

Regional and Municipal Trial Judges Edilberto Claravall, Fernando Pamintuan and Clarence Villanueva said during the court-media dialogue at the Justice Hall here, that it must be in court where the suspects should be identified, and not before any legal proceedings have begun.

Villanueva said presenting mere suspects to the media is a human rights violation.

“Unless proven guilty, any one is presumed innocent,” Pamintuan said adding that the media presentation further humiliates, and embarrasses the suspects. He acknowledges, however, the police efforts against criminality and dismisses the early publicity as a way for police forces to showcase some gains.

Likewise, Claravall said he would always respect the human rights of a person, even if the person was caught in the act.

Municipal Trial Judge Clarita Tabin, however said that the practice by the police may remain as long as there are no complaints against it. She however did not find acceptable the taking of photos of youthful offenders.

Even the geographical identity of juvenile delinquents is a no-no, she said.

The judges also clarified some court procedures where the media may be restrained from covering. These include taking footages on the actual court proceedings unless these are matters of vital concern such as those involving national security, historical, of educational and civic value and involves the people’s right to know.

The coverage, however, shall not in any way distract the judges, witnesses and the lawyers, the camera inconspicuously placed and the showing of the documentation should be after the promulgation of the case.

“It is not wrong to report on cases still being tried in the courts, provided there are no opinions cited by the author on the case, Pamintuan clarified. He furthered that no trial by publicity should be encouraged.

The court-media dialogue was held in observance of the National Law Day on September 19 and the National Law Week on September 19-25. An open house on Sept. 19 will further clarify to the public the Philippine justice system and how the courts work. # Lyn V. Ramo for NORDIS

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