2015 Protocol for Judicial Communications · 2018. 2. 26. · private citizens over matters such as...

GENERAL COUNCIL OF THE JUDICIARY

Communications Office

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.

2015 Protocol for

Judicial Communications

Text presented by the President of the General Council of the Judiciary to the

Standing Committee on 16 July 2015 and to the Plenary on 22 July 2015



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1. Introduction

2. The legal context, organic and regulatory standards

3. Objectives

4. The Communications Office as an institutional channel for judicial

information

5. Information provided:

a. The investigation stage

b. Audiovisual media services within the investigation stage

c. The trial stage

d. Audiovisual media services within the trial stage

e. Criteria for the recording of images within the trial

f. Judgments

6. The manner in which information is provided

7. The activities of the Communications Offices

a. The General Council of the Judiciary

b. The Supreme Court.

c. The President of the National High Court and the Presidents

of the High Courts of Justice

d. The Presidents of the Provincial Courts and Senior Judges

e. Investigating judges and judges of criminal matters

f. Other jurisdictions

8. Collaboration with Court Registrars

9. Communications Offices and the General Council of the Judiciary

10. Communications Offices and the State Prosecutor's Office

11. Communications Offices and the website

12. Communications Offices and social networks

13. Communications Initiatives

14. Conclusions



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1. Introduction

On 7 July 2004, the Plenary of the General Council of the

Judiciary ratified the text of the Protocol for Judicial Communications,

which was approved by the Communications Committee on 30 June

of the same year. Ten years later, the time has come to draw up a

new text, following the guidelines of the text approved in 2004, in

order to adapt to the reform of the General Council of the Judiciary

brought about by Organic Law 4/2013, the profound changes that

have occurred within the communications sector and the social

significance that the activity of the Courts and Tribunals has acquired,

generating a demand for information that the Judiciary must address.

In this regard, the Communications Offices set up in the

General Council of the Judiciary, the Supreme Court, the National

High Court and the 17 High Courts of Justice have proved particularly

effective. Their introduction, which was implemented over the course

of this ten-year period, has been unanimously praised, not only

within the governing bodies of the Judiciary, but also by its members

and amongst journalists specialising in affording information relating

to the courts.

The information remains the same, but during this period

new and faster methods of communicating have been developed and

traditional media exist alongside digital media wherein image, in

many instances, has become the focus of the information. Moreover,

the widespread use of Internet and social networks has enabled

direct channels of communication with wider society to be

established, a possibility that the Judiciary should not ignore.

This document proposes formulae to enable information

to reach citizens in a more efficient, clear, truthful, objective and

responsible manner, with the utmost respect for rights and

observance of the duties of all those involved in judicial proceedings,

in order to establish a stable, simple and safe communication channel

for judges and magistrate judges1. When drawing up this document,

consideration has been afforded to the unique position of judicial

bodies as sources of information of journalistic interest, along with

1 Magistrate judges are judges who have served for a minimum of three years and/or fulfill additional

requirements relating to specialization.



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the requirements of court reporters, the experience of the

Communications Offices and the protocols approved by the Governing

Chambers of the various judicial bodies, such as the Supreme Court,

the National High Court, the High Court of Justice of Murcia or the

High Court of Justice of Catalonia.

2. The legal context, organic and regulatory standards

The reform of Organic Law 4/2013, of 28 June stipulates

in article 598.8 that it falls to the President of the Supreme Court and

the General Council of the Judiciary to oversee institutional

communications. Article 620 envisages the creation of a

Communications Office within the General Council of the Judiciary, to

undertake such duties, and article 598.10 affirms that the President

is charged with the appointment and dismissal of the Director of the

Communications Office.

Therefore, the President of the Supreme Court and the

General Council of the Judiciary supervises institutional

communications via the Communications Office and is responsible for

designating and discharging its director. The Offices in the Supreme

Court, the National High Court and the High Courts of Justice of the

autonomous regions are dependencies of the Communications Office

of the General Council of the Judiciary, which sets the criteria to be

followed in terms of communications policy.

Previous Councils expressed their commitment to the

duty of transparency. The current General Council of the Judiciary has

turned this duty of transparency into one of its hallmarks, as

evidenced by the creation of the Transparency Portal, which was set

up six months prior to the entry into force of the Law on

Transparency, Access to Information and Good Governance.

Transparency is the main objective of the General Council

of the Judiciary's Communications Office, in addition to its duty to

provide truthful, unbiased, clear, objective, responsible information in

the shortest possible time. Nor should we forget the duty to provide

the necessary collaboration to judicial bodies in those cases that they

are trying that are subject to information requests, with a view to

ensuring that their normal operation is affected as little as possible.



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The legislature's creation, via a regulation at the level of

an Organic Law, of a Communications Office and the assignation of

the President of the Supreme Court and the General Council of the

Judiciary as the overseer of institutional communications is indicative

of the importance that such matters should be afforded within the

daily life of the institution, as a channel to draw closer to and build

relations with wider society, thereby maintaining and strengthening

confidence in the justice system.

3. Objectives

In spite of the passage of time and the efforts made by

previous Councils, the perception of the justice system amongst

citizens leaves room for improvement and, furthermore, presents a

singular aspect. On the one hand, it is a public service that is poorly

evaluated by citizens and it is a branch of state of which they have

little knowledge, viewing it as obscure, complicated and

incomprehensible. However, in contrast to this dim view of the

Judicial Administration, which remains prevalent, we find that the

judges are highly esteemed and viewed as professional, responsible

and well-educated. Improving the image of the justice system and

bolstering and improving the image of judges are objectives we must

fulfil.

The vast majority of citizens do not come into contact with the

Judicial Administration over the course of their lives, whereby, it is

through the media that opinions are formed, which then have a direct

bearing on how the justice system is viewed by citizens.

The principle of the public nature of the justice system is an

essential guarantee for the operation of the Judiciary within a

democratic society, ensuring that, on the one hand, the actions of

judges come under public scrutiny and, on the other hand, that public

confidence in the courts is maintained, thereby constituting one of

the fundaments of due process and one of the cornerstones of the

Rule of Law.

The procedural principle is reinforced where it is accompanied

by an institutional communications policy that, in a clear, unified,

recognisable and truthful manner, transmits the reality of the Spanish

Judiciary, via professional, stable and appropriate channels, in order



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to convey to citizens, the end recipients of judicial activity, those

rulings that are of greatest importance and social significance.

The ultimate aim is to bolster public confidence in the judicial

system, improve the image of the judiciary and judges, bring the

General Council of the Judiciary closer to citizens and judges and

promote responsibility within the bodies of the Judicial

Administration.

4. The Communications Office as an institutional channel for

judicial information

As the Protocol for Judicial Communications approved in 2004

affirmed, the Communications Offices are the "cornerstone" of the

communications policy of the General Council of the Judiciary.

Without them, it would prove impossible to transfer the duties

undertaken by judges into the sphere or public opinion, or adhere to

the commitment of transparency.

The Communications Offices form a part of the judicial

structure. They represent a bridge between professionals within the

judiciary and the media, the institutional channel and the official

sources for judges. Furthermore, they enable citizens to exercise

their right to receive truthful information.

A relationship of mutual trust must exist between members of

the Communications Offices, judges and magistrate judges and their

governing bodies.

Coordination between judges, magistrate judges, court

registrars and the Communications Offices enables us to act with

foresight in the face of cases or rulings of social significance or public

interest, whilst avoiding an appearance of inefficiency, self-serving

leaks and erroneous interpretations.

Effective communication requires the collaboration of everyone.

It is essential that the Communications Office, which will at all times

respect legality and act to promote the image of the judicial system

and judges, be forewarned of cases or rulings with public significance.



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The personnel of the Communications Offices will preferably be

journalists with previous experience with court information. Their

knowledge, both of communication techniques and judicial parlance

and procedures will facilitate the task of acting as a "bridge" between

the media and professionals within the Judiciary.

5. Information provided

The Communications Offices will provide reporters (and, in a

direct manner, citizens, via the website of the Judiciary and social

networks) with information on cases that have aroused interest, but

also on other cases where the Offices themselves or presiding judges

deem that they should be made public in view of their legal or social

significance and importance.

A case will be considered to be of interest when it becomes

subject to media attention as a result of the individuals involved, the

nature of the case, the bearing of the acts addressed within the

proceedings, the legal significance of the rulings made and/or the

legal regulations applied, the prior existence of journalistic reports

relating to the case, including the police investigation stage, or where

it is deemed to be of interest to citizens.

By way of example, the Constitutional Court has drawn

attention to the importance, in view of their newsworthiness, of cases

such as the improper operation of public bodies (Constitutional Court

Judgment 143/1991 and Constitutional Court Judgment 6/1998),

political corruption (Constitutional Court Judgment 105/1990), air

traffic safety (Constitutional Court Judgment 171/1990), terrorist

activities (Constitutional Court Judgment 159/1986), events of

general interest, such as the FIFA World Cup (Constitutional Court

Judgment 20/1998), the origin and evolution of an illness such as

AIDS (Constitutional Court Judgment 20/1992), disputes amongst

private citizens over matters such as nudism (Constitutional Court

Judgment 24/1992), the abuse of employment rights (Constitutional

Court Judgment 4/1996) and other issues, such as violence against

women, child abuse, the infringement of sexual freedoms,

discrimination, crimes such as drug trafficking, fraud, murder, arson,

robbery, etc. In this regard, Constitutional Court Judgment 178/1993,

of 31 May affirms (4th legal ground) that, "at a general level, the



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newsworthiness of acts and occurrences with criminal significance

cannot be denied".

With regards to interest deriving from the individuals involved

in the judicial proceedings, public figures or individuals in the public

eye are those whose behaviour, image and/or opinions are subject to

the scrutiny of citizens, in accordance with the doctrine established

by the Constitutional Court.

Thus, Constitutional Court Judgment 192/1999, of 25 October,

affirms that "those charged with administering public authority are

public figures, in the sense that their behaviour, image and opinions

are subject to the scrutiny of citizens, who have a legitimate interest,

guaranteed by the right to receive information outlined in article 20.1

d) of the Spanish Constitution, to ascertain how this authority is

exercised on their behalf. In such cases, and insofar as the disclosed

or criticised matter refers directly to the exercise of public duties, the

individual cannot simply object on the basis of the rights outlined in

article 18.1 of the Spanish Constitution." (7th legal ground).

For its part, Constitutional Court Judgment 134/1999 states

that "individuals in the public eye assume a risk in the face of

information, criticism or opinions that might prove hurtful or

offensive, not strictly because they are public figures (...), but rather

because their position in the public eye is attained because they have

exposed their professional activity or private lives to the scrutiny of

third parties" (7th legal ground).

The majority of journalistic interest focuses on information

deriving from the criminal jurisdiction, wherein a distinction must be

made between two very specific procedural phases: the investigation

stage and the trial phase.

a. The investigation stage

Article 301 of the Law of Criminal Procedure stipulates that

"preliminary proceedings shall remain secret until the trial

commences". Therefore, the investigation stage is subject to sub

judice secrecy, to ensure the satisfactory outcome of the

investigation.



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Furthermore, given that the constitutional principle of the public

nature of court proceedings is contravened by sub judice secrecy, the

Constitutional Court, in Judgment 13/1985, of 31 January, has

affirmed that "in its specific application, strict interpretation is

required, and a mere allegation does not provide sufficient basis to

restrict additional rights - nor to extend restriction over and above

what is necessary - beyond those strictly affected by the regulation

enshrining secrecy".

In the same judgment, the Constitutional Court adds that sub

judice secrecy "does not in any way imply that one or various

elements of social reality (isolated events or collective occurrences,

awareness of which is not restricted or prohibited by another

fundamental right in accordance with the stipulations of article 20.4

of the Spanish Constitution) are wrested from the freedom of

information, in the twofold sense of the right to be informed and the

right to inform, with the sole argument that the elements in question

are currently subject to preliminary proceedings".

Therefore, it is possible to provide information relating to

important cases even during the investigation stage, providing that

this does not involve the "preliminary proceedings" outlined in article

301 of the Law of Criminal Procedure (which, according to article 302

of the same regulation, refers to those proceedings in which the

parties "appear") and does not prove detrimental to the objective of

the sub judice secrecy, which as the Constitutional Court itself states,

simply involves "ensuring that crime is punished".

Therefore, Communications Offices, subsequent to obtaining

authorisation from the investigating judge, may provide the rulings

that he or she hands down, where they do not refer to preliminary

proceedings. Such rulings, without attempting to provide an

exhaustive list, include rulings to admit for processing or reject,

rulings ordering remand into custody or other precautionary

measures, rulings upholding evidence, rulings ordering committal for

trial or transformation into summary proceedings and rulings on

challenges and appeals.

In addition to procedural rulings, during this stage information

may be provided and regularly updated where it refers to the

following:



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- The number and identity of the accused and/or detainees who

have made statements before the judge and the reasons for

their indictment and/or arrest, with a succinct description of the

facts or the circumstantial evidence relating to the crime.

- The procedural status determined following the taking of

statements.

- The alleged crimes to which the proceedings relate.

- The number of witnesses who have made statements.

- Expert evidence gathered.

- The investigative steps that were implemented (number of

entries and searches, international requests issued, etc.).

Once the investigation stage has finalised, the ruling ordering

the commencement of the trial and the significant rulings issued in

relation to the enforcement of the sentence will be provided.

The experience accumulated over the years since the creation

of the Communications Offices has shown that such information

neither represents a breach of sub judice secrecy or endangers the

satisfactory outcome of the investigation, whilst it does contribute to

citizens regarding the work carried out by judges and magistrate

judges in a positive light.

It should be borne in mind that it is during the investigation

stage that so-called "leaks" and "trial by media" occur. A policy of

transparency, via the communication of timely, truthful, objective and

responsible information that enables us to provide a comprehensive

picture of the progress of the proceedings is the best method of

avoiding self-serving readings or erroneous interpretations by those

involved in the process or third parties.

Where judges, magistrate judges or court registrars

communicate the existence of a legal case with public significance,

this enables the Communications Office to be prepared and allows it

to assist the judges, magistrate judges or court registrars where

necessary.

In turn, the Communications Office can also address them to

gather information or advise them that a case of interest exists.

With complete respect for the secrecy of proceedings, the

Communications Office will ask the court registrar, in accordance with

the duties established in article 454.4 of the Organic Law on the



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Judiciary, to inform it as soon as possible of the rulings that have

been delivered, once they have been signed and the parties notified,

along with any other information of interest. It is sufficient that the

parties be informed of the possibility of being officially appraised of

the ruling, via electronic notification.

The Communications Office is to be informed of the envisaged

date on which notification of the ruling will be provided.

Efforts will be made to inform all parties simultaneously, to

avoid self-serving leaks or erroneous interpretations. In the event of

significant media impact, the Communications Office will be informed

at the same time as the parties are notified.

In such cases, it is recommended that the information to be

provided is previously studied with the head of the Communications

Office, particularly at the outset. The first report produced prevails

and steers subsequent coverage. Arriving late with confusing

information, which is what occurs where the role of news source is

left to the whims of the various parties involved, diminishes the

message and undermines the credibility of all parties:

Communications Offices, judges and, in short, the judicial system.

The Communications Office will, at all times, keep judges,

magistrate judges and court registrars informed of the activities it is

undertaking and the evolution of the information.

b. Audiovisual media services within the investigation stage

Audiovisual media services require image and sound in order to

carry out their work. As a general rule, television and radio stations

are at a disadvantage when compared with their colleagues in

newspapers or agencies, and are often unable to perform their duties

on an equal footing.

At the same time, and paradoxically, their audiences indicate

that they have the greatest impact on public opinion, as their viewers

and listeners vastly outnumber newspaper readers.

Journalists working in audiovisual media services also face two

phases within the court information process: the investigation stage

and the trial phase.

Conflicts are commonplace during the investigation stage. In

certain courts, the media enter the hallways of judicial bodies with



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video cameras, whilst in others, they are denied access by order of

the Governing Chamber.

In accordance with article 4.m),n) and ñ) of Regulation 1/2000,

of 26 July, on the Governing Bodies of Courts and article 168 of the

Organic Law on the Judiciary, competence to control access to judicial

buildings resides with the Governing Chambers and Senior Judges,

respectively. In this regard attention should be drawn to

Constitutional Court Judgment 56/2004 of 19 April 2004, reiterated in

Constitutional Court Judgment 57/2004, which established that "the

hallways or other areas of the building are not sources of information

that are open to all, as above and beyond the premises in which the

public proceedings are held, the right of access is instrumental in

nature, that is, passage to reach these premises".

However, images outside court buildings should be accessible to

the media, be they of the accused or of witnesses, within the

restrictions established by law. The work of audiovisual media

services is to be facilitated outside the courts, placing priority on

ensuring that the Judicial Administration functions as it should and

without hindering the normal operation of the offices within the court.

The press officers of the various courts, coordinating with the

security forces, must set up a reasonable perimeter to create an area

wherein journalists will be able to capture images without difficulty or

intrusive obstacles that hinder their ability to record. Press officers

must provide a space where the statements of any of the parties can

be recorded and mark out an area where journalists can make live

reports.

Journalists of audiovisual media services often have to make

live presentations in the evening, at night or in the early hours. In

certain courts, such as the National High Court, the activity is

particularly intense. It is recommended, where possible, that a space

or area be provided where they can work outside programmed times.

c. The trial stage

During the trial stage, no restrictions are placed on access to

the hearing or information, with the exception of those stipulated in



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certain laws, such as the laws concerning minors or the victims of

gender-based violence, for example.

Judicial proceedings become public in nature from the point at

which the judge deems the investigation to be concluded. This is

made clear in article 301 of the Law of Criminal Procedure and article

680 of the same regulation, which indicates that "the disputes in

trials will be public, under penalty of nullity".

Moreover, the public nature of trials has been successively

affirmed by the Constitutional Court, in Judgments 56/2004, 57/2004

and 159/2005. Judgment 56/2004 is of particular importance, and

will be addressed in detail in the next section of this Protocol, as it

enshrines the right of journalists to access trials, affirming that

"obtaining news in the trial in which it arises forms a part of the

content of their right to provide information".

The exception to this general rule is regulated in Article 680 of

the Law of Criminal Procedure, which establishes that "the presiding

judge may, nonetheless, rule that the sessions be held behind closed

doors when required on the grounds of morality or public order, or

due respect for the victim of the crime or their family", adding that

the ruling must be recorded "in a ruling providing grounds".

Furthermore, Article 232 of the Organic Law on the Judiciary

states that “in exceptional circumstances, for reasons of public order

and the protection of freedoms and rights, judges and courts may,

via a ruling providing grounds, limit the scope of public access and

order all or part of the proceedings to be secret in nature”.

Finally, Article 6 of Regulation 1/2005 concerning the ancillary

aspects of judicial proceedings, approved by the Plenary of the

General Council of the Judiciary on 15 September 2005, points out

that "in general, access of the accredited media to proceedings held

in public hearings will be permitted, except in those cases wherein

constitutional rights and values might be affected, in which case the

Judge or President of the Court may deny such access via a ruling

providing grounds".

Communications Offices must ascertain, sufficiently in advance,

whether or not the Judge or President of the Court has issued rulings

under the aforementioned article 6 of Regulation 1/2005 in all trials

with public significance, and will take steps to convey them to

journalists. In the event that an order is issued to hold a closed



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hearing, and no ruling with grounds has been issued in this regard,

the Communications Office will call on the Judge or President of the

Court to issue it and will convey it to journalists.

d. Audiovisual media services within the trial stage

Spain has no laws regulating the access of audiovisual media

services to courtrooms. In this regard it is essential to reproduce the

arguments of Constitutional Court Judgment 56/2004, which

reiterated the arguments of Constitutional Court Judgment 30/1982,

of 1 June.

The judgment stipulated that "the principle that trials be public

in nature, enshrined in the Constitution (article 120.1), implies that

knowledge of them is to stretch beyond the confines of those present

within them, and may become widespread. Such widespread

knowledge cannot come about without the assistance of the social

media services, insofar as their presence enables them to acquire

information at the source and transmit it to those who, due to the

imperatives of time, space, distance or professional commitments,

etc., are unable to gain access to it. This role as a natural

intermediary, undertaken by social media services, between the news

event and those who are unable to acquire first-hand knowledge of it

becomes of greater importance where, in view of its nature, it may

affect everyone and have particular impact on wider society"

(Constitutional Court Judgment 30/1982, of 1 June, 4th legal

ground).

The magistrate judges added that "it is inappropriate to take

the view that the representatives of social media services, by virtue

of their attendance of trial sessions, are afforded a frivolous and

discretionary privilege, but rather what has been classified as

privilege is a preferential right afforded by virtue of the role they

play, in the interest of the duty of information enshrined in the

constitution" (ibidem). They go on to conclude that "public hearings

are, therefore, a public source of information and, as a result, as we

have outlined, this Court has affirmed, in relation to newspaper

journalists, that obtaining news in the trial in which it arises forms a



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part of the content of their right to provide information".

With regards to audiovisual media services, the Court affirmed

that "no changes to the pronouncements relating to journalists who

undertake their role via the written press are to be made in relation

to information that makes use of other technical means to obtain and

disseminate news, such as the recording of images, photographs or

visual broadcasting. Article 20.1 d) of the Spanish Constitution

enshrines the right to freely disseminate truthful information "via any

media outlet", without drawing a distinction between the various

forms of outlet, in terms of the content of the right that is

constitutionally protected. Therefore, it must be concluded that this

content takes in both the use of technical channels to obtain and

disseminate the news at the information source that is open to all

(and this applies to public hearings) and the installation, as necessary

instruments, of the required technical apparatus where the news

event occurs. In this sense, it should be highlighted images notably

enrich the content of messages focused on forging free public

opinion".

The magistrate judges of the Constitutional Court pointed out

that the public nature of judicial proceedings could be restricted by

judges and courts where it is deemed that other rights or

entitlements with constitutional protection are to prevail

(Constitutional Court Judgment 96/1987, of 10 June, 2nd legal

ground).

Therefore, in accordance with constitutional doctrine,

audiovisual media services are to be given free access to courtrooms.

In those cases where, in accordance with the exceptions envisaged in

law, the media's right to obtain information is limited or restricted,

the Communications Offices will request the ruling with grounds

ordering such measures and will convey it to journalists.

e. Criteria for the recording of images of the parties involved

within the trial

In order to reconcile the right to obtain information with the right

to freedom from injury to honour, privacy and one's own image held

by the parties involved in the proceedings, we recommend that the

following guidelines for the recording of images be followed:



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- The camera is to be placed in a location where it does not

represent a disturbance, at all times adhering to the

instructions of the President of the Court, who will provide the

indications deemed appropriate.

- Press officers will outline restrictions placed on recordings in the

event of protected witnesses, for example, and journalists will

turn their cameras off during recesses and when the trial is

deemed concluded pending sentencing.

- Shots that enable the full identification of the accused may be

recorded if there is a relevant public interest due to the severity

of the events being tried and the impact that they may have on

public opinion, if it is a public figure or publicly well-known

individual – and particularly if the events are related to a public

activity – or if they have given their express or tacit consent

having previously appeared voluntarily in the media. If none of

these requirements are met, it will be possible to take rear and

side-on shots of the accused.

- Recording images that facilitate the identification of victims is

to be avoided, except where they have given their express

consent.

- For the recording of the image of the witnesses and experts

who are not public servants, express consent is required.

- Efforts will be made to record only cover shots of the members

of the jury, taking pains to prevent individual identification.

- With regard to the public servants who participate in the

hearing, article 8.2 a) of Organic Law 1/1982, of 5 May, on civil

protection of the right to freedom from injury to honour,

personal and family privacy and self-image establishes that the

right to self-image will not prevent “the capture, reproduction

or publication by any medium, when dealing with persons who

exercise a public position or a high-profile profession or

profession with a public scope and the image is captured during

a public event or in places open to the public”. This affects

judges and magistrate judges, state prosecutors, court

registrars, forensic doctors and experts who hold the status of

public servant.



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Where the court is equipped with its own recording system and

it is of sufficient quality, it will be employed and the images will be

provided to media outlets on request. The Communications Office

must facilitate the necessary technical resources to ensure that the

signal can be picked up by the media.

Courtrooms are normally small and are unable to cater to

several television cameras. In such cases, where no institutional

images exist, a pool system is recommended (one media outlet

records and shares the images with the others).

Where institutional images or a pool system prove impossible,

steps will be taken to record silent images at the start of the trial.

Recording times will be sufficiently extensive and, in the event that

the hearing runs over weeks or months, regular access will be

afforded to audiovisual media services for recording purposes.

When not enough space is available for the public attending the

trial, press officers will reserve a space for journalists. If no media

outlet can be provided with more than one seat, preference will be

afforded to news programmes, as opposed to magazine or

entertainment programmes.

Communications Officers will treat media outlets in an equitable

manner, setting objective criteria for audience share where they are

obliged to establish access preferences.

Journalists will be subject to the general rules governing

security. Requiring journalists to provide accreditation or identify

themselves does not restrict their right to inform (Constitutional

Court Judgment 30/1982, of 1 June), but rather, represents a means

of enabling them to exercise their right to preferential access.

f. Judgments

Article 266 of the Organic Law on the Judiciary states that

"judgments, once they have been issued and signed by the judge or

all the magistrate judges who have issued them, will be deposited in

the Judicial Office and access to their texts will be afforded to any

individual wishing to see them". The Draft Bill of the Law of Criminal

Procedure of 2011 specified the meaning of this precept in article

115, which indicates that "judgments handed down within criminal

proceedings are public in nature from the point at which they are



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deposited in the Judicial Office, in accordance with the stipulations of

article 266 of the Organic Law on the Judiciary".

The question of the point at which judgments are to be

provided to the Communications Offices for dissemination to the

media frequently arises. Article 266 of the Organic Law on the

Judiciary clearly indicates that judgments become public documents

(which can therefore be accessed by "any individual wishing to see

them"), once they have been issued and signed by magistrate

judges, and whether or not the appearing parties have been

successfully served notification of them is irrelevant.

Moreover, article 120.3 of the Constitution stipulates that

judgments "will be read in public hearings". Whilst this procedure is

employed on an exceptional basis (the reading of the judgment in the

case relating to the terrorist attacks of 11 March 2004 might be

considered), the aforementioned precept, for the present purposes,

makes clear that the appearing parties are not afforded preferential

access to these rulings over and above third parties.

Therefore, once issued and signed by magistrate judges, court

judgments are public documents and nothing prevents them from

being placed at the disposal of the Communications Offices

(simultaneously to their forwarding to the legal representatives of the

appearing parties) in order to have them sent on to the media.

This general rule is only contravened by the exception

envisaged in article 266 of the Organic Law on the Judiciary, which

indicates that "access is only subject to restrictions where it might

affect the right to privacy, the rights of individuals requiring special

legal protection or the guarantee of anonymity afforded to victims

and injured parties, when applicable, and, in general, to prevent

judgments from being used for purposes that are contrary to the

law".

To safeguard the rights outlined in the precept, where

judgments are susceptible to contravening such rights, the personal

details and other particulars that might enable their identification

may be removed prior to providing them to the media.

Communications Offices that alter rulings in this sense will take steps

to ensure that the requisites for doing so have been met.

Communications Officers are advised that they should include a

brief advisory notice when disseminating rulings, which might read as



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19

follows:

"The media will be held liable for the communication of personal

details.

This ruling is provided by the Communications Office for

informative purposes, and its incorporation into Files of Databases is

prohibited, in application of the provisions of legislation on Data

Protection".

6. The manner in which information is provided

Communications Offices are the natural channels for contact

with the media. The information they provide will be released to all

journalists simultaneously, in the interests of equity, unless

information, interviews or reports are requested by a specific media

outlet.

The information is to be provided in written form via an official

press release. This facilitates the work of journalists and helps to

highlight the message to be conveyed.

Press releases, employing the official templates of the General

Council of the Judiciary, will be forwarded to journalists who request

them, and will be sent to all such journalists at the same time,

without fail.

The new forms of journalism may provide accreditation for

people with their own methods of communication (blogs, websites...).

To acquire access to a court's rulings, accreditation of status as a

journalist and the website or other service by which the individual is

employed must be presented.

To speed up communication, Communications Officers may set

up other channels of communication, such as WhatsApp groups,

always ensuring that information reaches everyone at the same time.

7. The activities of the Communications Offices

All Communications Offices are dependencies of the

Communications Office of the General Council of the Judiciary, which,

in accordance with article 620 of the Organic Law on the Judiciary, is

a technical body. Therefore, its duties are outlined in the Regulation

on the Organisation and Operation of the General Council of the



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Judiciary. The duties detailed below are simply in-house guidelines

and are subject to the stipulations of the aforementioned Regulation.

1. Production of a daily press review taking in all newspapers

published in Spain. The review will take in information relating to the

Courts and Tribunals. The press review will be sent to the members

of the Governing Chamber, to judges and magistrate judges within

the territory and to the Communications Office of the General Council

of the Judiciary, which will draw up a regional summary on a daily

basis for internal use.

2. They may draw up a monographical press review for Judges

and Courts trying cases that are newsworthy or upon request.

3. The will provide direct support for Judges and Courts,

facilitating their relations with the media and enabling rectifications in

the event of errors that require correction. In such cases, they will

prepare documents employing the right of rectification. The Office will

act at the behest of the magistrate judge, the chamber or the

president, recording this detail in the document sent to the media, in

accordance with Organic Law 2/1984, regulating the Right of

Rectification.

4. On a daily basis, they will compile the judicial rulings of all

collegiate bodies within their respective territory to enable them to be

accessed by accredited journalists, who will freely choose what is to

be published.

5. The same role will be performed in relation to rulings issued

during the investigation stage where there is media interest.

6. They will inform journalists in advance of the dates set for

hearings, advising them in due time where restrictions have been

placed on access or recording. In the event that the Judge or Court

has ordered that the hearing be made partially or completely barred

to the public, they will request the ruling providing grounds and

forward it to media outlets.

7. They will provide assistance to magistrate judges when

planning trials with a media dimension.

8. They will draw up press releases and communiqués. At all

times, the official templates provided by the General Council of the

Judiciary are to be employed for such purposes.

9. They will organise and convene press conferences.



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21

10. They will arrange and prepare interviews with the heads of

judicial institutions.

11. They will arrange the publication of opinion pieces penned

by judges and magistrate judges.

12. They will monitor the manner in which news relating to the

Judicial Administration is handled by the most important television,

radio and digital media outlets within their territory.

13. They will deal with accreditation for all journalists and press

photographers who normally or sporadically cover court news.

14. Personalised attention for each journalist providing

information relating to the courts and relations with the editors of the

various media outlets.

15. They will forward judicial rulings and institutional acts of

interest to the Communications Office of the General Council of the

Judiciary, for publication on its website, www.poderjudicial.es , on

social networks and on the Transparency Portal.

16. They will take photographs of institutional acts for

dissemination on the website, www.poderjudicial.es.

17. The Communications Office of the General Council of the

Judiciary may call for the advice of the Communications Offices of the

Central Courts and the High Courts of Justice.

18. Communications Offices may call for support or aid from

the Directorate of the Communications Office of the General Council

of the Judiciary.

19. They may organise visits by students and other groups,

providing that this does not interfere with their informative duties.

20. The Communications Office is to be informed of any

conflicts or anomalies relating to the media and, in turn, it will inform

the President of the Court.

21. They may draft the press releases of chamber presidents,

senior judges and magistrate judges. In all cases, the identity of the

signatory of the communiqué will be made clear. Communiqués that

might be drawn up by other collectives or groups of people will not be

drafted.

http://www.poderjudicial.es/

http://www.poderjudicial.es/



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a. The General Council of the Judiciary

Article 122 of the Spanish Constitution stipulates that the

General Council of the Judiciary is the governing body of judges, with

duties taking in appointments, promotions, inspection and disciplinary

action. The General Council of the Judiciary does not undertake

jurisdictional duties, whereby information on its activities is available

for general and public access, with the sole exception of the

deliberations of its bodies (which are "classified" in nature in

accordance with article 629 of Law 4/2013, on reform of the General

Council of the Judiciary) and the personal details that appear in the

documents produced by the institution that are expressly referred to

in legislation on Data Protection.

The policy of transparency introduced by the current Council, as

evidenced by the creation of the Transparency Portal, already allows

media outlets, and citizens in general, to receive timely information

on the agendas of the Plenary and Committees, the resolutions

adopted and reports issued in accordance with its role as a

consultative body.

The processes for filling posts within governing bodies also

adheres to the transparency policy, and media outlets can follow

candidates' appearances in situ or via the website and consult their

curricula.

The Communications Office enables journalists to carry out

information searches on the Transparency Portal and the Office will

provide any information that the search fails to provide.

Where information requests refer to disciplinary matters, the

Communications Office will act in accordance with the criterion

established by the Plenary Session of the General Council of the

Judiciary held on 22 March 2012, which in resolution number 57

approved "dissemination via the Press Office, subsequent to serving

notice to the parties in question, of all resolutions to initiate

disciplinary proceedings, close proceedings or impose sanctions that

are adopted by the Plenary or the Disciplinary Committee, which in

view or their content or doctrine, are of public interest".



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23

b.- The Supreme Court.

The reform undertaken by Organic Law 4/2013, of 28 June,

envisages the creation of a Vice-presidency within the Supreme

Court.

The head of the Communications Office of the Supreme Court

will undertake the task of assisting, dealing with, informing and

advising the vice-president and members of the Governing Chamber

and will keep the Directorate of the Communications Office of the

General Council of the Judiciary informed.

The Communications Office will have access to judgments once

they have been issued and signed by the magistrate judges at the

same time as they are forwarded to the legal representatives of the

appearing parties, the point at which they will be provided to media

outlets. The Communications Office will take an active role in the

dissemination of rulings and may provide advance notice of a

sentence where the magistrate judges deem this to be appropriate.

c. The President of the National High Court and the Presidents

of the High Courts of Justice

The competencies of the President of the National High Court

and the Presidents of the High Courts of Justice, insofar as

communications are concerned, are outlined in Regulation 1/2000 on

the Governing Bodies of Courts.

Article 54.1.g reads as follows: "Where necessary, to duly

inform public opinion, the Presidents of the High Courts of Justice

may issue press releases and communiqués addressed to media

outlets relating to the activity of jurisdictional bodies within their

sphere of influence when a given case arises that is of particular

significance or public interest. The Presidents will exercise this power

on their own initiative or at the behest of the jurisdictional body

trying the case and will at all times adhere to the requirements

deriving from the fundamental rights to freedom from injury to

honour, privacy and one's own image, and will respect the absolute

nature of the jurisdictional authority of the Court or Tribunal. The

same power, within their respective spheres of influence, is conferred

on the Presidents of the Provincial Courts and Senior Courts, once



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they have informed the President of the High Court and subject to his

or her instructions".

Article 54.3 of the same Regulation states that it falls "to the

Press Offices of the High Courts of Justice, with the appropriate

technical assistance and under the guidance of their President, to

undertake informative activities and establish relations with the

corresponding media outlets in exercise of the competencies assigned

to the governing bodies of each High Court, and to provide a better

service to news media outlets and information professionals in terms

of their relations with the Judicial Administration within the

aforementioned sphere of influence".

In other words, the Presidents are the natural spokespersons of

the High Courts of Justice. They may make public interventions,

before the media, where they deem such action necessary.

The head of the Communications Office will maintain close daily

contact with the President. His or her duties, notwithstanding the

stipulations of the Regulation, are as follows:

- The head of the Communications Office may accompany the

President in official acts where the media may be present.

- The head of the Communications Office may engage in planning

with the President and organise institutional acts. He or she

may carry out protocol duties, providing that a specific person

has not been assigned for such tasks.

- The Communications Office will prepare the presentation of the

annual report of the High Court of Justice. The report must be

submitted to public opinion as it affords an overview of Justice

within the Autonomous Region. It is to be forwarded to the

General Council of the Judiciary for dissemination.

- The head of the Communications Office may advise the

President when he or she is drafting official speeches.

- The head of the Communications Office may facilitate periodic

meetings between the President and the editors and heads of

media outlets within the territory in question.

- The President may call on the head of the Communications

Office to produce any reports deemed necessary.

- The President is to be informed of any planned public

appearances on the part of the Presidents of the Provincial



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Courts and senior judges and of the purpose of such

appearances.

Communications Offices will provide support to the Governing

Chamber and will actively participate in affording a greater degree of

transparency to the resolutions adopted by the Governing Chamber.

The Communications Offices, notwithstanding the stipulations of

the Regulation, may also carry out the following duties:

- The drafting of a weekly communiqué to disseminate matters of

interest addressed in the Governing Chamber.

- In crisis situations, the Directorate of the Communications

Office of the General Council of the Judiciary will be charged

with analysing the problem and indicating the strategy to be

employed, and may call for the advice of the Communications

Office within the territory to ensure a greater efficacy.

- The Governing Chamber may resolve conflicts that arise as

between the communications department and judges and

magistrate judges within the territory, under normal operating

conditions.

- The Governing Chamber may call for any reports it deems

necessary from the Communications Office, via the President of

the High Court of Justice.

- The Governing Chamber may rely on the collaboration of the

Senior Court Registrar, to afford a greater degree of

transparency to the resolutions adopted by the Governing

Chamber.

Communications Officers will also maintain close relations with the

Presidents of the Chambers of the High Court of Justice and

magistrate judges. Moreover, they may offer them advice and

assistance where necessary in the planning of a trial.

d. The Presidents of the Provincial Courts and Senior Judges

The Presidents of the Provincial Courts are institutional figures

who are to be afforded a certain degree of respect in communications

given that, with the exception of the High Courts of Justice, they are



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26

the highest judicial authorities in the capitals of the various

Autonomous Regions and the most immediate in the provincial

sphere, where local media outlets work that have bearing on the

shaping of public opinion.

Therefore, the Communications Office may afford them support

when planning possible contact with media outlets, subsequent to the

approval of the President of the High Court of Justice. The

Communications Office is the instrument via which their rulings will

be disseminated and may offer them advice when required in terms

of preparing their public appearances.

Both the Presidents of the High Courts of Justice and the

Presidents of the Provincial Courts will assign individuals to deliver

rulings to the Communications Office, along with information relating

to the dates set for hearings, which must be provided at least one

week in advance. The Presidents will inform the Communications

Office in due time of the dates set for trials that might entail prior

organisation, in view of their public impact.

Senior judges represent the third level within the judicial

communications system. They are the natural spokespersons of all

Boards of Judges, charged with placing the resolutions adopted

before public opinion where they are of public significance.

Therefore, the Communications Office will collaborate with the Senior

Court in terms of its relations with media outlets, all of which will be

governed by the principle of coordination that is to guide the efforts

of information providers in the service of Justice. The

Communications Office may assist senior judges with their public

appearances and, on a general level, the senior judge will provide the

necessary support to ensure the correct operation of the

Communications Office.

e. Investigating judges and judges of criminal matters

These officials are the recipients of cases that are potentially of

interest to the media and are subject to the greatest degree of media

pressure.

In cases that are of public significance and where the media

have shown a clear interest, the only restriction placed on

collaboration with the Communications Office is ensuring that the



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27

investigation is not compromised. (refer to section 5. Information

provided)

In the event that the investigating judge opts to maintain

direct contact with journalists, the Communications Office will issue

an information request, to ensure that it is available to those

professionals who turn to the Office to acquire it.

The Office will personally assist investigating judges to

channel news demand when they are investigating a case that has

become a media focus.

In the case of judges of criminal matters, the Communications

Office will ask court registrars (article 232.2 of the Organic Law on

the Judiciary) to provide a weekly list of the trials and judgments that

might prove of interest.

f. Other jurisdictions: other jurisdictional spheres

Communications Offices will be particularly active in the

dissemination of rulings and judgments issued by the Courts and

Tribunals within other jurisdictional spheres (Civil Courts,

Administrative Courts and Courts of Labour Matters), in accordance

with their social or legal significance or the regulations applied, even

where the case in question has not received media coverage.

Experience in recent years has shown that such rulings

(concerning adoptions or the custody of minors, relations between

citizens and the Administration or measures to reconcile work with

family life and other workers' rights, amongst other issues) arouse a

great deal of interest within the media once they come to light, whilst

bolstering the image of the judge as a guarantor of citizens' rights.

These are often complex rulings that should be accompanied by

an explanatory note, whereby collaboration between judges or

magistrate judges and the Communications Office is of particular

importance. At times, audiovisual media outlets will call on a judge

specialised in a given area to provide a summary of the most

important aspects of a ruling before cameras and microphones.

In general, judges and magistrate judges in the jurisdictional

spheres that have not been specifically referred to in this protocol can

apply the rules outlined in this document and may avail themselves

of the Communications Office where necessary under the same



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conditions as judges and magistrate judges operating within the

criminal sphere.

8. Collaboration with Court Registrars

The development of a communications policy grounded on

transparency is inconceivable without the participation of court

registrars, given the important competencies they are afforded by

law.

Article 234.1 of the Organic Law on the Judiciary stipulates that

"court registrars and competent civil servants within the Judicial

Office shall provide all interested parties with any information they

request in relation to the status of legal proceedings, which they may

examine and study, save where they are or have been declared

secret in accordance with the law", whilst article 454.4 of the same

regulation affirms that court registrars "will afford interested parties

and all those who claim and justify a legitimate and direct interest,

any information they request in relation to the status of judicial

proceedings that have not been declared secret or classified".

In their annual meeting in 2007, the Senior Registrars of the

High Courts of Justice already spoke of the need to optimise relations

between the Judicial Offices and the Communications Offices of the

High Courts of Justice within the context of the aforementioned article

234 of the Organic Law on the Judiciary, and they even produced a

draft for guidelines on relations between Judicial Offices and the

media.

In summary, this document set out that court registrars,

organically and in terms of their duties, are obliged to ensure that the

right of access to judicial information is properly developed, not only

in terms of the so-called public nature of proceedings or procedural

information (parties and interested parties), but also beyond the

confines of proceedings (generic or wide-spread). In this sense, the

draft of the Guidelines takes the view that the interested party

outlined in article 234 of the Organic Law on the Judiciary necessarily

includes journalists or information professionals.

The draft, which in the High Courts of Justice of Catalonia and

the Region of Murcia effectively became a guideline, affirmed, for

example, that court registrars would direct the information requests



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presented by journalists to the Communications Offices of the High

Courts of Justice, would supervise the most appropriate system of

access to information required by the head of the Communications

Office within their territories and would not object to audiovisual

media recordings of procedural acts that arose in public hearings.

More than ten years have passed since the first Protocol for

Judicial Communications was approved, and eight years, since the

aforementioned draft Guidelines were drawn up, and collaboration

between Communications Offices and court registrars remains

essential in terms of the development of communications policies that

lead to a positive perception of the Judicial Administration within

society and contribute towards ensuring that the stipulations of the

Charter of Citizens' Rights before the Judiciary become effective in

the real world. The second section of the Charter affirms that citizens

have the right to receive general and up-to-date information on the

operation of Courts and Tribunals.

Therefore, Communications Offices will set up communication

and collaboration channels with the court registrars within their

territories and will inform them of the existence of this Protocol for

Communications. Court registrars will be informed of the activities of

the Communications Office and will call on it to collaborate where

necessary in order to properly perform their duties.

9. Communications Offices and the General Council of the

Judiciary

Communications Offices in all territories will act as the "official

source" of the Judiciary, and will be overseen by the Communications

Office of the General Council of the Judiciary, which will establish the

guidelines to be followed in terms of the communications policy,

under the supervision of the President of the High Court of Justice in

each Autonomous Region.

Communications Offices and the people in charge of these

offices will form a part of a communications team with a single voice

and will adhere to the criteria established by the Directorate at all

times.

The press offices and the editors and assistant editors of all

High Courts of Justice will be considered personnel of the General



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Council of the Judiciary. Their appointment and dismissal will be

carried out via an order issued by the President of the Supreme Court

and of the General Council of the Judiciary, at the behest of the

Directorate for Communication within the General Council of the

Judiciary.

Holidays and time off will be communicated and authorised by

the Directorate of the Communications Office of the General Council

of the Judiciary, which is ultimately responsible for the

communications policy governing the Communications Offices in each

territory.

10. Communications Offices and the State Prosecutor's Office

As a component with the judicial structure and an institutional

channel for the information generated in Courts and Tribunals, the

Communications Offices will maintain an entirely neutral stance with

regards to the parties appearing in judicial proceedings. However, in

view of the important role played by the State Prosecutor's Office

within proceedings, they may reach an agreement with this body to

have it provide its classification when the dates set for trial are

indicated.

Dissemination by the Communications Office of any other

documents issued by the State Prosecutor's Office, particularly during

the investigation stage, will be of an exceptional nature and will only

be carried out once the Communications Office of the General Council

of the Judiciary has been informed, clearly indicating in the e-mail or

other method employed for dissemination that such action is taken at

the behest of the State Prosecutor's Office.

11. Communications Offices and the website

All open content and information on the website will be

overseen by the Communications Office of the General Council of the

Judiciary, which will assess the information and its placement on the

site.

Information will be supplied by the Communications Offices of

the Central Courts and the High Courts of Justice. The

Communications Office of the General Council of the Judiciary will



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31

publish this information and may call on the Communications Office in

any area to provide the rulings that it deems to be of interest.

In the case of rulings with personal details, they will be

forwarded to the Judicial Documentation Centre for processing. The

Communications Directorate within the General Council of the

Judiciary will maintain continuous contact with the Judicial

Documentation Centre to resolve problems and manage the

Transparency Portal on the website www.poderjudicial.es. The

Communications Directorate will inform departmental heads when

malfunctions occur.

12. Communications Offices and social networks

The Communications Office of the General Council of the

Judiciary will maintain a single account on each of the most popular

social networks. These accounts will provide official information

relating to the activities of courts and tribunals and links will be

provided to the information available on the website

www.poderjudicial.es. Information will be published on social

networks once it has been provided via other channels to all

journalists simultaneously.

The Communications Offices in each territory may also maintain

social network accounts and provide official information once it has

been forwarded to accredited journalists. These are institutional

accounts that will remain devoid of exclusive information, opinions or

evaluations in relation to judicial decisions.

13. Communications Initiatives

The Communications Offices, within their respective territories,

will implement the initiatives of the Communications Office of the

General Council of the Judiciary aimed at improving the corporate

image of the Judicial Administration.

The Communications Office of the General Council of the

Judiciary will remain particularly active in the development of

activities that promote a relationship of mutual trust and respect

between journalists and judges and magistrate judges, and in

advising them in relation to communications techniques. These



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initiatives will also be aimed at students within the Judicial School,

who will be provided with copies of the Protocol for Communications

and informed of the existence and duties of Communications Offices

during their time at the school.

14.- Conclusions

1. The Protocol for Judicial Communications approved in 2004

requires an update and adaptation in accordance with the reform

implemented via Organic Law 4/2013, of 28 June. This stipulates that

it falls to the President of the Supreme Court and the General Council

of the Judiciary to oversee institutional communications via the

Communications Office of the General Council of the Judiciary, of

which the Communications Offices of the Supreme Court, the National

High Court and the High Courts of Justice are dependencies.

2. Transparency is the main objective of the General Council of

the Judiciary's Communications Office, in addition to its duty to

provide truthful, unbiased, clear, objective, responsible information in

the shortest possible time.

3. The Communications Offices of the central courts and the

High Courts of Justice are the "cornerstone" of the communications

policy of the General Council of the Judiciary. They are the "official

source" of the Judiciary and the bridge between it and journalists.

4. The Communications Offices form a communications team

that is incorporated into the judicial structure and will at all times

respect legality and act to promote the image of the judiciary.

5. A relationship of mutual trust and collaboration exists

between the heads of the Communications Offices and judges,

magistrate judges and court registrars.

6. Communications Offices will set up channels for

communication and to build relations with court registrars, whose

collaboration will be requested to ensure that their duties can be

carried out in an appropriate manner, in accordance with the

stipulations of the Protocol for Communications.

7. Information will be provided where possible, in accordance

with the guidelines of this protocol, at all times respecting the

restrictions established by law. Information may be provided to

journalists where it will not affect investigations.



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8. A refusal to provide information can only be justified in

exceptional circumstances, and the classified nature of proceedings

relating to criminal matters does not provide sufficient grounds, nor

does the declaration of sub judice secrecy.

9. Access to courtrooms on the part of audiovisual media

outlets is governed by the principle of general access, and grounds

must be provided for any restrictions placed in this regard.

10 Communications Offices are obliged to disseminate

information to all journalists simultaneously. Information will be

afforded to citizens via the website www.poderjudicial.es and social

networks once it has been forwarded via other channels.

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