Commissioner for Information of Public Importance

STATEMENTS ACHIVES

PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

The Commissioner for Information of Public Importance met in Novi Sad in the Independent Association of the Journalists of Vojvodina, within the Program for the education of journalists, which is realized with the OSCE Mission in Serbia, with a big group of journalists to discuss the issue of the materialization of free access to information. While pointing out that journalists and mass media can give a big contribution to a more successful transition course, Commissioner Rodoljub Šabić pointed out in particular:

''While it is great that we are continuing the negotiations, which were discontinued more than a year ago, about the association with the EU, it is important to already bear in mind, considering that it has been confirmed through the experience fo our Balkan neighbours, who have managed to achieve membership in the Union, that on the way to EU, one of the most significant requirements which will be made to our country, will be far better achievements in the fight against corruption.

The achievement of such results entails respective actions by the police, prosecution, courts and other government controlled mechanisms, but also action of the absolutely best preventive mechanism - the public.

All contemporary experience shows that transparency in the work of those who dispose with government i.e. public funds and goods and accessibility of information about their work to citizens, particularly through the mass media, to the widest public, is in direct correlation with a reduction of corruption. The public is the best preventive means in the fight against corruption. The greter the degree of publicity in the work, the smaller are the chances for corruption. The journalists and mass media can without doubt contribute to the fight against corruption by focusing on the acts and behaviour which point out to corruption. The anti-corruption impact of the public is so much the greater if there is a possibility to ask for documented information from those in charge. The Law on Free Access to Information of Public Importance gives exactly this possibility and that is the reason why journalists and mass mediaa should make utmost use of it in their own and in the social interest.

15-06-2007

...................................................................................................................................

PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

Commissioner for Information has participated in Belgrade Media Center in the work of the gathering organized by the Association of American Lawyers - Initiative for the Rule of Law (ABACEELI), dedicated to the presentation of the analysis of the Law on Free Access to Information, as well as of results of research on Law application. Evaluating that the analysis of the Law compiled by the group of Slovenian experts can represent a very useful contribution to the qualitative implementation of the Law on Free Access to Information, the Commissioner Rodoljub Šabić has pointed out:

„The analysis has confirmed the marks I as a Commissioner for Information have presented to the public regarding implementation of the Law that has been submitted to the National Assembly. Warnings regarding big lateness in passing of the Protection of Data and Personality Act and the Law on Classification of (confidential) Data I consider to be especially important, because due to the chronic lack of modern laws and adequate protective mechanisms in those fields, the doors are widely open for obstinacy, abuses and violation of human rights.

Results of research on law implementation confirm the evaluation about inadmissibly low level of knowledge about the law. One should have in mind the fact that the research has been implemented on a sample of 26 bodies, mostly the highest bodies in power and the judicial bodies. Such specimen is in any case above the average and is therefore a reason for worry, because such sample confirms lack of knowledge of the European human rights standards, and especially of situations in which, according to democratic standards limiting of those rights is allowed. That is the reason why I should once again remind you of the fact that the bodies in power, although they are not obliged to do so by the law, undertake very little or nothing regarding education of staff, which is necessary for qualitative application of the Law on Free Access to Information. In relation to that, except for several times repeated warnings by the Commissioner, one should have in mind that the last report of GRECO, has put the need for such an education into recommendations it has directed to our country. GRECO recommendations otherwise have a mandatory character, and the deadline for performing this specific one is the end of this year. “

07-06-2007

...................................................................................................................................

PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

The Commissioner for the Information of Public Importance, Rodoljub Sabic, participated in Novi Pazar in the work of the seminar on free access to information, organised in cooperation with the OSCE Mission in our country and dedicated to journalists and the media representatives. In his speech for the participants, the Commissioner stressed that with their consistent insisting on the freedom of access to information, journalists and media may give an exceptionally significant contribution to the achievement of the vitally important transition goals of the society. Among other things, Commissioner Rodoljub Sabic said the following:

“A democratic society needs a significantly different atmosphere from the one we have here. Our media space is literally contaminated with untruths, misinformation, half-truths. The media chronically lack reliable, documented information, primarily from the authorities and about the work of the authorities. It is in the interest of a normal flow of a democratic transition that these information are made available.

The media may also give their contribution to the fight against corruption. In our country the corruption is a chronic, system problem which got out of hand. We have received a very poor mark in the eyes of the international public, while in the perception of an enormous majority of our citizens, the corruption is one of the biggest problems of the society

The experience of other countries and the warnings of international experts go to show that an increased transparency of work and accessibility of the data on the work of the government to the media and the citizens is most directly correlated with the reduction of corruption. Therefore it is necessary for the government to create the suppositions for a free access to information and to remove obstacles much faster, including the “confidentiality” which covers various illegitimate interests, while even insulting the common sense and dignity of the citizens and the public.

It is important that the authorities and primarily the Government activate the mechanisms necessary for a normal enforcement of the law on free access to information, that they ensure a more correct relation towards the requests of journalists and citizens, and that they significantly expand the circle of information accessible to the wider public even without any special request, through their public announcements including the internet. As the duty guardians of transparency, journalists and media not only have the right and obligation to request that, but also the power and social influence which may support these legitimate requests. They should use this power and the influence, both in their own interest and in the interest of the whole society.”

26-05-2007

...................................................................................................................................

PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

On the basis of a large number of questions from the journalists and the media, the Commissioner for the Information of Public Importance states that some contradictory and unclear statements of those responsible in connection with the access to information from the concession agreement for the Horgos-Pozega motorway have created uncertainties with a part of the public about the facts relevant in this legal matter, as well as about the contents and scope of the Law on Free Access to the Information of Public Importance, which may have adverse consequences that surpass the borders of an individual case. In connection with this, the Commissioner would like to point out that when making a decision he has not dealt with the issues such as the justifiability of the concession, the choice of the road line, the need to assess the agreement, etc., but only with the issue of the right of the public to know. Pointing out that he has unambiguously expressed and justified his position with regards to this right in the decision he has made, Commissioner Rodoljub Sabic still considers it his obligation to reply publicly to at least two of the most frequently asked questions, which he did in the following manner:

“In which way will the decision of the Commissioner be executed and will it be executed at all?”

The decisions of the Commissioner are legally binding and the body to whom they may concern should execute them by the rule. In case that there is a need to ensure the execution of the decision, this is not done by the Commissioner himself, but rather by the law it is the obligation of the Government of Serbia. In the concrete case, the Minister for Infrastructure has already informed me that he has filed a complaint against my decision with the Supreme Court of Serbia and since the action does not postpone the execution, he has submitted a request to me to allow postponement of the execution of the decision until the finalisation of the proceedings. Since the Commissioner, as I said, has no executive authorities, I passed this request to the Government of Serbia. I have, of course, a completely defined position both on the justifiability of the request for the postponement and on the chances of the ministry as the complainant with regards to the success in the dispute, but I do not want to prejudice the positions of those in charge by publicly stating my position.

On the basis of what has the Commissioner ordered a free access to the information, particularly bearing in mind that the competent ministry is claiming that the agreement has stipulated that the information in it represent a business secret?

After the request of the Assembly of AP Vojvodina for the access to the information, the ministry spent the statutory period of 15 days in an unacceptable, even punishable, “silence of the administration.” Then, again outside the law, after the expiry of the set period, it extended the deadline to 40 days, only for this one to pass again without the effect foreseen by the law. Neither has the requested information been provided, nor a decision on the declining of the request has been passed. Thus, from the procedural point of view, literally all the relevant provisions have been violated.

From the substantive legal point of view it is important that the fact that some information marked as a secret (official, business and state one) or as a confidential one should not be mystified. Our law stipulates this fact as a possible basis for limiting the freedom of access to information, but not as an automatically binding one. It is not sufficient by itself, because along with this formal condition, the law asks for another one. And this one is that revealing of the secret may indeed cause a significant damage to the other legally protected interest which outweighs in comparison to the right of the public to know. This circumstance should be assessed in each concrete case by the body to which the request has been submitted and in case of an appeal by the Commissioner as well. In the concrete case I find it obvious that the right of the public to know everything about the conditions under which an exceptionally valuable resource of the country is put at somebody's disposal absolutely outweighs over the reasons for the protection of some completely abstract confidentiality.

In connection with the manner in which the confidentiality has been regulated by the concession agreement, it is intriguing that literally all the information about the construction of the motorway is confidential. It is unclear what our party was guided by when agreeing all of this and what our interest would be for this total confidentiality which is unusual under contemporary conditions even for the contracts the subjects or which are weaponry or military equipment.

Finally, free access to information is not in contradiction even with the provision of item 24.2 of the concession agreement which regulates the “confidentiality.” Namely, although rigid, it does stipulate several exemptions to the confidentiality, among which there is “when this is requested by the regulations.” Thus, not even the contracting parties have agreed on the possibility of limiting access to the information when the request for the information is based on our existing regulations or the laws, which was precisely the case in the concrete situation.”

23-05-2007

...................................................................................................................................

PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

The Commissioner for Information of Public Importance has received inquiries from many journalists and media companies interested in the outcome of the proceedings instituted pursuant to the complaints lodged by the Chairperson of the Provincial Assembly of Vojvodina, Mr. Bojan Kostres, because of the denial of access to information on the concession deal for the Horgos - Pozega Highway. These proceedings have been concluded and Commissioner Rodoljub Sabic has issued the following announcement in connection with them:

“Mr. Kostres had lodged three complaints - one against the Government, one against the Ministry of Capital Investments and one against the Ministry of Finance. I rejected the first complaint as inadmissible, because the Law did not provide for a possibility to take administrative action against the Government's enactments or actions before the Commissioner. I found the remaining two complaints to be grounded and have accordingly passed resolutions ordering the Ministries to issue to the complainant the requested copy of the Concession Agreement.

“In the process of deliberation, I did not specifically take into account those provisions of the Concessions Law that provide for the participation of Provincial authorities in the concession award procedure and any ensuing specific rights in terms of access to information. I was guided solely by the provisions of the Law on Free Access to Information of Public Importance. More specifically, I took into account the provisions pursuant to which access of the public to certain information can be denied only in exceptional circumstances, for reasons specified in the Law and according to a procedure set out in the Law. In the pertinent case it was not so. The Ministry of Finance had taken recourse to inadmissible “silence of administration” and remained “silent” throughout the whole affair. The Ministry of Capital Investments also remained “silent” during the 15-day period which the Law sets as the deadline for responding to a request and then, in violation of the Law, extended this deadline to 40 days. Finally, even this second deadline expired and the request was neither answered nor rejected. Procedural rules have obviously not been observed; furthermore, the denial of access to information was not grounded in substantive law.

“The only reason quoted for refusal was the allegation that it had been agreed with the concessionaire to treat all information in connection with the construction of the highway as “confidential”. Quite obviously, there was no need for that. The fact that certain information has formally been marked as confidential is not in itself sufficient reason to deny public access. The Law sets out another formal requirement on top of this one. Namely, it is necessary to prove that disclosure of the information could have severe legal or other consequences for overriding public interests that outweigh the public's interest to know. In this specific case it was not so and, obviously, the public's right to know in this case outweighs the purely abstract “confidentiality”. In principle, the public has the tight to know everything in connection with the government's operations, in particular where large disposals of public money or other vital resources are involved. When some person or entity is entrusted with managing a vital public resource, such as a highway concession, the public has to know under what terms and conditions this is done. It is also necessary to take into account the fact that our country has an exceptionally high level of corruption and a very low level of citizens' trust in the public authorities. It is therefore crucial that the government responds adequately whenever doubts arise. And by far the best way is to expose all relevant facts to public scrutiny.”

14-05-2007

...................................................................................................................................

NEXT 5 RECORDS