ARTICLE 19 welcomes UK Court of Appeal Decision on open justice _In a ruling released 3 April, the UK Court of Appeal reaffirmed that open justice – the right of the public and media to attend court hearings – is a fundamental constitutional principle, expanding it to include the right of the public to obtain […]
ARTICLE 19 welcomes UK Court of Appeal Decision on open justice
_In a ruling released 3 April, the UK Court of Appeal reaffirmed that open
justice – the right of the public and media to attend court hearings – is a
fundamental constitutional principle, expanding it to include the right of
the public to obtain copies of documents submitted in court cases._
“This is a critical decision for ensuring that courts, and the governments
standing before them, act in an open and accountable way”, said Dr Agnes
Callamard, Executive Director of ARTICLE 19, “Open justice requires that all
information that led to a decision be made available to the public. It is a
long time coming that the courts are as open as other branches of
government.”
The court ruled that open justice is “at the heart of our system of
justice”. Based on this principle, the court found that the right of the
public to see documents used in a case is the “default position” which is
“particularly strong” when the media makes a request for information. It can
only be limited after the court takes a “proportionality exercise” to
determine potential harms against what to release.
The case involved an attempt by the UK-based Guardian newspaper to obtain
copies of the briefs and evidence used by a district court in the case of
two men extradited to the United States to face corruption charges. The
Guardian requested the information to shed light on the workings of the
controversial Extradition Act, as well as the lack of enforcement of
anti-bribery laws in the UK.
Curiously, even through the case was held in a UK court, the US government
was the only party opposing the release of the information and it took
responsibility for the opposition.
ARTICLE 19 submitted a detailed amicus brief developed by board member
Heather Rogers QC and Ben Silverstone of Doughty Street Chambers and Sean
Humber of Leigh Day. The brief outlined the recognition of open justice from
Commonwealth countries around the world. The court specifically recognised
the ARTICLE 19 brief in the decision and described it as a “helpful and
interesting survey”.
The [3]decision and Amicus are available here >
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ARTICLE 19 welcomes UK Court of Appeal Decision on open justice
In a ruling released 3 April, the UK Court of Appeal reaffirmed that open justice – the right of the public and media to attend court hearings – is a fundamental constitutional principle, expanding it to include the right of the public to obtain copies of documents submitted in court cases.
“This is a critical decision for ensuring that courts, and the governments standing before them, act in an open and accountable way”, said Dr Agnes Callamard, Executive Director of ARTICLE 19, “Open justice requires that all information that led to a decision be made available to the public. It is a long time coming that the courts are as open as other branches of government.”
The court ruled that open justice is “at the heart of our system of justice”. Based on this principle, the court found that the right of the public to see documents used in a case is the “default position” which is “particularly strong” when the media makes a request for information. It can only be limited after the court takes a “proportionality exercise” to determine potential harms against what to release.
The case involved an attempt by the UK-based Guardian newspaper to obtain copies of the briefs and evidence used by a district court in the case of two men extradited to the United States to face corruption charges. The Guardian requested the information to shed light on the workings of the controversial Extradition Act, as well as the lack of enforcement of anti-bribery laws in the UK.
Curiously, even through the case was held in a UK court, the US government was the only party opposing the release of the information and it took responsibility for the opposition.
ARTICLE 19 submitted a detailed amicus brief developed by board member Heather Rogers QC and Ben Silverstone of Doughty Street Chambers and Sean Humber of Leigh Day. The brief outlined the recognition of open justice from Commonwealth countries around the world. The court specifically recognised the ARTICLE 19 brief in the decision and described it as a “helpful and interesting survey”.
The decision and Amicus are available here >
Find us on Facebook
Follow us on Twitter
Follow our RSS feed
Forward to a friend
Friend on Facebook
Follow on Twitter
Forward to a Friend
For press queries and interview requests, please contact the press office:
T: +44 (0) 20 7324 2510
E: pressteam@article19.org
M: +44 (0) 7515 828 939
About ARTICLE 19
ARTICLE 19 is an independent human rights organisation that works globally to protect and promote the right to freedom of expression. It takes its name from Article 19 of the Universal Declaration of Human Rights, which guarantees free speech.
follow on Twitter
friend on Facebook
forward to a friend
You are receiving this email because you signed up during an event or online and requested updates on freedom of expression and information.
We can be contacted at:
ARTICLE 19 60 Farringdon Road London , England
EC1R 3GA United Kingdom Add us to your address book
Tel: +44 20 7324 2500
Fax: +44 20 7490 0566
Email: info@article19.org
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License .
ARTICLE 19, Registered Charity no. 327421, a Company Limited by Guarantee registered in England and Wales no. 2097222.
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