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FRA report on the practical implementation of the presumption of innocence in EU Member States

The EU Fundamental Rights Agency (FRA) looks at the practical implementation of the presumption of innocence in criminal proceedings, and related rights, in nine EU Member States. The report is based on interviews with over 120 defence lawyers, judges, prosecutors, police officers and journalists in these nine countries, covering broad ground in terms of both […]

Bulgarian General Prosecutor Disclosed Audio and Video Evidence at Pre-Trial Stage Obtained by the Special Intelligence Services

On 19 March 2021 was held a press conference with the participation of the General Prosecutor, his spokesperson, and the Head of the Military Appellate Prosecutor’s Office concerning the current criminal investigation for Russian espionage in Bulgaria. During the press conference, extensive information about the investigation and the persons accused of being ‘Russian spies’ was […]

ECtHR rules Bulgaia’s Interior Minister has violated the presumption of innocence in a media appearance

On 2 February 2021, the European Court of Human Rights ruled that in 2013 Bulgaria’s Interior Minister Tsvetan Tsvetanov had violated the presumption of innocence (Article 6 § 2 of the Convention) of Vladimir Pelov, investigated for armed robbery committed in 2011. At a time when Pelov was under house arrest, the Minister commented on […]

Trial by Media: Is the Media the Best-Storyteller?

Vrinda Patodia and Ashima Objan analyse the case of “Sushant Singh Rajput (“SSR”) media trial of 2020” in the course of which a woman (referred to as “the Actress” in the media) has been arrested for false accusations based on evidence gathered by “investigative journalism”. The authors claim that “The persistent efforts of the channels […]

Bulgaria’s Supreme Court of Cassation to interpret disclosure of information in pre-trial proceedings

Bulgaria’s Supreme Bar Council has asked the Supreme Court of Cassation (SCC) to clarify in which cases and under what conditions a prosecutor may allow the disclosure of materials from a criminal investigation. In the instituted interpretive case, SCC’s Criminal Chamber should interpret Art. 198, para 1 of the Penal Procedure Code which says that […]

Media companies must defend coverage of George Pell case, judge rules

Media companies will be forced to defend their coverage of Cardinal George Pell’s sexual abuse trial in the supreme court. Lawyers for the media companies had earlier argued there was a “devastating, bazooka-size hole” in the case to prosecute the journalists and media organisations over their reports on Pell’s child sex abuse convictions, which were […]

ARISA Newsletter #1

  The new ARISA Newsletter is a periodic bulletin offering information on recent developments related to the media coverage of criminal cases and its impact on suspects and accused persons. The first issue of the newsletter highlights the newly published country reports on disclosure of information and media coverage of criminal cases in Bulgaria, Greece, […]

Where Does Press Freedom End and Trial by Media Begin?

Whether the press or media has crossed its legitimate boundaries is an issue that has been addressed by the Supreme Court in India in several cases. In Siddhartha Vashisht v State NCT of Delhi, the court made the important distinction between trial by media and informative media. The case of Sahara vs SEBI is a […]

Areios Pagos on the presumption of innocence: civil courts are not bound by final criminal court decisions acquitting the accused

The Greek Supreme Civil and Criminal Court (Areios Pagos) has recently issued a judgement in relation to the presumption of innocence and parallel proceedings (civil and criminal). The Court found that civil courts are not bound in any way by previous final criminal court decisions, both convicting and acquitting the defendant, but should merely examine […]