Ordinance on the Provision of Information to the Public by the Judicial Authorities (VIÖ) - Subject Matter (VIÖ)

1. This regulation governs the information of the public by the judicial authorities.

2. It determines the admission as well as the rights and obligations of court reporters and provides for sanctions in the event of non-compliance.

1. The judicial authorities inform the public about their activities in an objective and transparent manner.

2. The information is provided in consideration of official secrecy and while respecting overriding public and private interests.

3. The judicial authorities may issue statements regarding their decisions in an appropriate form, if necessary.

1. The judicial authorities provide information on the internet and upon request about the timing and subject matter of their public hearings. They indicate any possible restriction or exclusion of the public.

2. Hearing dates for family law and summary proceedings, as well as proceedings before the coercive measures court, are not published.

1. The Higher Court generally publishes its decisions in anonymized form on the internet and, if necessary, additionally in professional journals. In special cases, it may issue a press release.

2. Furthermore, it publishes its most important decisions in a published collection.

1. Other judicial authorities publish decisions of public interest in an anonymized form on the internet.

2. In civil proceedings, they provide the heading and the ruling of all final decisions of the previous month for public inspection at the respective office from the 15th day of each month for 15 days, unless legal provisions or overriding interests oppose this.

3. Not accessible to the public are

a) Decisions in conciliation procedures;

b) Decisions in summary proceedings concerning matters of voluntary jurisdiction as well as personal and inheritance law;

c) Decisions in family law proceedings;

d) Decisions in legal assistance procedures.

4. In criminal proceedings, they provide the heading and the ruling of all non-publicly announced final decisions of the previous month for public inspection at the respective office from the 15th day of each month for 15 days, unless the Code of Criminal Procedure, particularly Article 69 paragraph 3, the Juvenile Criminal Procedure Code, victim protection, other legal provisions, or overriding interests oppose this.

5. The documents may be anonymized in exceptional cases. The creation of copies, photographs, or the like is prohibited.

6. Upon request and against a fee of 20 to 200 Swiss francs, considerations of decisions that are not published in the decision database can be provided in anonymized form. The procedure management decides on the request.

1. The Superior Court publishes the annual report on the Internet. It publishes the interests of the members of the judicial authorities.

2. The judicial authorities publish their organizational structure on the Internet. They provide information in an appropriate manner about particularly significant organizational or personnel changes and occurrences.

1. In ongoing proceedings, the information is provided by the information officer in collaboration with the proceedings management.

2. Otherwise, the information is generally provided by the information officer after consultation with the president of the respective judicial authority.

3. Information provided by the judicial court is exempted.

1. Media professionals who wish to report on the administration of justice by the judicial authorities of the Canton of Graubünden for media based in Switzerland can submit a written application for accreditation to the Information Officer.

2. The accreditation is granted by the Administrative Commission if the requirements for entry in the professional register are proven.

1. Accreditation is granted for the duration of a term of office or for the remainder of an ongoing term of office. An application for renewal of accreditation must be submitted at least two months before the term expires.

2. Anyone who no longer reports from the judicial authorities of the Canton of Graubünden must notify the information officer.

3. If the conditions for accreditation are no longer met, the media professional must immediately notify the information officer in writing.

4. The Administration Commission is responsible for the revocation of accreditation.

1. Non-accredited media representatives may submit a request for accreditation for an individual proceeding to the Information Officer.

2. Article 8 paragraph 2 of this ordinance applies to individual case accreditation.

3. Persons with an individual case accreditation have the same rights and obligations as accredited media representatives for the duration of the proceeding for which they are accredited.

1. Judicial Authorities May Grant Accredited Media Access to Hearings

Judicial authorities may grant accredited media professionals access to hearings from which the public is wholly or partially excluded, subject to certain conditions and in accordance with the applicable procedural law.

1. In proceedings with a public hearing and in proceedings pursuant to Article 11 of this regulation, accredited media representatives are allowed, upon request, to inspect the files before or after the hearing for the purpose of reporting, and to make copies thereof. The following provisions apply

a) In civil cases, the consent of all parties must be obtained. This consent must be provided by the media representative. Access is granted only if there are no overriding public or private interests opposed to it.

b) In criminal cases, access is granted to the indictment or the decision replacing the indictment, as well as in appellate proceedings to the contested decision and the appeal statement, provided there are no overriding public or private interests opposed to it.

c) In other proceedings, access is granted to the contested decision, provided there are no overriding public or private interests opposed to it.

2. The judicial authority can take appropriate measures to account for protected interests, particularly by anonymizing the files.

3. If access is granted, the judicial authorities may send copies of the files to media representatives by mail or electronically through a secure connection.

4. The distributed copies may only be passed on to accredited media representatives. They must be stored securely to protect against unauthorized access and must be destroyed no later than after the completion of reporting on the respective proceedings. Violations can be sanctioned in accordance with Article 16 of this regulation.

1. Upon request, judicial authorities shall provide accredited members of the media with the operative parts of judgments and, if applicable, a written and reasoned final decision for proceedings with public hearings and proceedings pursuant to Article 11 of this regulation.

2. If the final decision is published on the Internet, a reference may be made to it, and physical delivery can be omitted. The judicial authority may also inform about the outcome of the proceedings in other appropriate ways if necessary.

3. The judicial authority may take suitable measures to account for interests worthy of protection, particularly through the anonymization of the decision or by imposing an embargo period.

4. Upon request, accredited members of the media may be allowed to inspect the headings and operative parts of the non-publicly announced final decisions of the Supreme Court from the last 15 days at the registry. Article 5 of this regulation applies accordingly.

5. In public law proceedings, disclosure pursuant to paragraph 4 is only made if it does not conflict with victim protection, other legal provisions, or overriding interests. Decisions related to the approval of the use of technical instruments for location tracking during surveillance, according to Article 43b paragraph 4 of the Federal Act on the General Part of Social Insurance Law, are not made accessible.

1. Judicial authorities may establish an electronic justice portal.

2. With accreditation, media professionals gain access to the justice portal. Access is personal and non-transferable.

3. The justice portal will provide documents to accredited media professionals, which may be handed over to them in accordance with Article 12 and Article 13 of this regulation.

4. Information from the justice portal may only be disseminated to accredited media professionals. Article 12, paragraph 4 of this regulation shall apply mutatis mutandis.

1. Reporting shall be conducted in an objective, appropriate manner and duly consider the legitimate interests of the parties involved in the proceedings. Media professionals and media companies adhere to the “Declaration of the Duties and Rights of Journalists” of the Swiss Press Council and specifically avoid any form of prejudgment, unnecessary exposure, or suggestive reporting.

2. Media professionals and media companies comply with the requirements set by the judicial authorities.

3. The judicial authorities may issue embargoes on reporting, which media professionals and media companies must observe.

4. Media professionals and media companies are obliged to publish a correction from the judicial authorities concerning court reporting.

1. In the event of a culpable breach of duty or disregard of the correction obligation according to Article 15 paragraph 4 of this regulation, the Administrative Commission of the Superior Court may impose the following sanctions ex officio or upon notification

a) Warning;

b) Suspension of accreditation for up to six months;

c) Revocation of accreditation.

2. Before deciding on the imposition of a sanction, the Administrative Commission shall hear the judicial authority concerned, the journalist or journalists involved, and, if necessary, the media company.

3. In the case of revocation of general accreditation, the Administrative Commission may determine that accreditation is no longer possible for a period of one year, or up to three years in the case of repeated revocation.

1. Decisions of the Administrative Commission can be appealed to the Higher Court within 30 days of the announcement.