publications_unodc_commentary-e

capacity. In judicial review proceedings where the judge is a litigant in an officialcapacity, however, the judge should not comment beyond the record.Correspondence with litigants73. If after the conclusion of a case, the judge receives letters or other forms ofcommunication from disappointed litigants or others, criticizing the decision ordecisions made by colleagues, the judge should not enter into contentiouscorrespondence with the authors of such communications.Media criticism74. It is the function and right of the media to gather and convey information tothe public and to comment on the administration of justice, including cases before,during and after trial, without violating the presumption of innocence. Thisprinciple should only be departed from in the circumstances envisaged in theInternational Covenant on Civil and Political Rights. If the media or interestedmembers of the public criticize a decision, the judge should refrain from answeringsuch criticism by writing to the press or making incidental comments about suchcriticism when sitting on the bench. A judge should speak only through his or herreasons for judgments in dealing with cases being decided. It is generallyinappropriate for a judge to defend judicial reasons publicly.Misreporting by the media75. If the media misreports on court proceedings or a judgment and a judgeconsiders that the error should be corrected, the registrar may issue a press release tostate the factual position or take steps for an appropriate correction to be made.Relations with the media76. Although not specifically referred to in paragraph 2.4 of the BangalorePrinciples, the issue of relations with the media is relevant. Three possible aspectsof concern may be identified as follows:(a) The first is the use of the media (in or out of court) to promote a judge’spublic image and career, or the possibility of concern on the part of a judgeas to possible media reaction to a particular decision. For a judge to allowhimself or herself to be influenced in either direction by the media wouldalmost certainly infringe paragraph 1.1 of the Bangalore Principles, as wellas other paragraphs, including 2.1, 2.2, 3.2 and 4.1.66