The Ombudsman (RPO) stresses the request to introduce mandatory recording (sound and image recording) of all stages of criminal proceedings. This aims to reduce the hazard of breach of the rights of participants and to supply protection to the investigator.
The standard to date has been to draw up protocols for most of the criminal proceedings, covering both the preparatory phase (prosecution investigation and police investigation) and the proceedings before courts, both at sittings and at hearings. However, according to the Ombudsman's recommendation, it should be mandatory to registry all these activities utilizing sound and image recording devices (e.g. cameras with microphones).
Recording the actions of the court and the prosecution. RPO: for the safety of all
The intent of this action is to guarantee the safety of both the persons afraid and the authorities involved. They will be assured that their rights will be respected in accordance with the rules and that their individual rights will be respected and, in the event of infringements, recordings may constitute evidence of irregularities. On the another hand, law enforcement authorities, prosecutors and courts can defend themselves against possible false accusations of abuse against the persons to whom they carry out their activities. The benefits of this solution are so mutual. However, despite erstwhile requests from the Ombudsman, the Ministry of Justice has not yet taken a legislative initiative on this matter.
We can read about this in consequence to 1 of the erstwhile conclusions of the RPO.
— In the current legal state, the guarantees for those active in the documented process to control their content stay comparatively high. — indicated, inter alia, in the Ministry’s only answer to the Ombudsman’s erstwhile letters. — Therefore, there is no request for any procedural action, regardless of its relevance to the criminal proceedings, to be recorded by image or sound
This issue is very important. As the RPO points out, "in the interest of the Ombudsman it is to guarantee the appropriate course of criminal proceedings, including ensuring that judicial decisions in criminal matters are given on the basis of correct factual arrangements, while respecting the rule of material truth". So it remains to be believed that the rulers will take the substance seriously
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Daniel Głogowski
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