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European Court Affirms Open-Justice Rights After Closed Hearing at Aberdeen Sheriff Court
By Drooid · · How we work
Open-Justice Victory at the European Court of Human Rights
The European Court of Human Rights (ECHR) ruled that Scotland’s decision to hold a hearing in private in August 2018 breached Article 10, which protects freedom of expression and media freedom. The case involved BBC Scotland journalist Steven Duff, who was asked to leave the Aberdeen Sheriff Court during a proceeding concerning alleged mistreatment at Muirhead Care Home in Alford. The ECHR held that a “compelling reason” is required to exclude journalists and that such exclusions should occur only in the “rarest of circumstances.” Legal costs were awarded to the BBC.
Background: Closed Hearing at Aberdeen Sheriff Court
In July 2018 the Care Inspectorate had placed Muirhead Care Home on the brink of closure after a spot inspection found residents tied to chairs and under-fed. A subsequent court application sought to address the situation, but the care home’s legal representative requested a private hearing, which the sheriff granted. Duff, the sole journalist covering the story, was removed from the courtroom despite the public interest in the allegations.
Official Statements & Responses
A spokesperson for the Judicial Office for Scotland called the ruling “historic,” noting the Scottish justice system’s long-standing commitment to open justice and that restrictions on the press are rare and only justified where the interests of justice demand it. A Scottish Government spokesperson affirmed the judgment’s significance and reiterated the government’s recognition of the fundamental importance of open justice and freedom of expression.
Verbatim Quotes
- “It was an issue of obvious public interest,” — Aberdeen-based Steven Duff, BBC journalist
- “His reasoning, which mentioned vulnerable people and the commercial interests of his clients, did not make sense as those could be the circumstances of many court cases.” — Aberdeen-based Steven Duff, BBC journalist
- “I really think this is an important judgement,” — Aberdeen-based Steven Duff, BBC journalist
Implications for Media Access
The ECHR judgment reinforces the principle that public access to court proceedings is a cornerstone of the rule of law in Scotland. By requiring a compelling justification for closed hearings, the ruling is expected to shape future judicial decisions, ensuring that journalists and the public can observe court processes except in exceptional circumstances. This reinforces the role of the press as a public-service watchdog and may deter future attempts to conduct private hearings without clear, legally mandated reasons.