Source: Glas Javnosti
interview
Rodoljub Sabic, Public Information Commissioner
I am convinced that the highest judicial body in Serbia is not and cannot be in any dilemma that there is a huge and obvious discrepancy between the provision as the famous item 24.2 of the Contract on the HorgoS-Pozega highway and the regulations of our public legislation.I am 100% convinced that the Supreme Court of Serbia will dismiss the charges of the Ministry for Infrastructure against the Decision of the Public Information Commissioner in the case of access to the data contained in the Contract on the Concession for the Highway HorgoS-Pozega. And this is what I expect, it is not my free assessment of the situation. It happened earlier, as well, that various authorities tried to succeed in their wish that the Public Information Commissioner's decisions be declared null and void by pressing their charges to this court. Some of them gained much publicity, par ex. BIA charges, because of the warrant that the information on the number of bugged and listened in citizens in 2005 be made known in public. There was also the complaint filed by the Public enterprise ''Putevi Srbije'' because of the data on the distribution of toll tickets in some toll points, because the comparison of the data with the video records could show a huge discrepancy between the real traffic rate and the payments collected. There were also charges pressed by JAT against the Decision by which it was requested that the data from the contract with AIRBUS on the provision of air-planes be made public, as well as the charges pressed by NIS against the decision that the information be published on the salaries being paid to the members of the management of this enterprise. And that is not all. The surprising number of 20 various government bodies pressed such charges against the Public Information Commissioner's decisions, and in 15 cases that have been solved so far, the verdict was identical - the charges were dismissed. In this way, the Court has shown its approach towards the right to access the information and the right of the authorities to start disputes against it, says the Republic Public Information Commissioner, Rodoljub Sabic.
Do you think that the Supreme Court will take into account the fact that by signing the Contract on Concession the Constitution of Serbia was violated, as it was a citizens' constitutional right to access the information of public significance (the right is guaranteed to them by the Constitutional Charter)?
- The Supreme Court will drop the charges as unjustified this time as well, but they will not go into the heart of the matter. And even if they did, the effect would be the same.
I am convinced that the highest judicial institution in Serbia is not and cannot be in any dillema that there is a huge and obvious discrepancy between the provision as the famous item 24.2 of the Contract on the Concession for the Hightway HorgoS-Pozega and the regulations of our public legislation. Also, the provision can in no way represent the basis for the limitation of the public rights guaranteed by the Constitution and Law.
On the basis of that provision, literally all the information on the construction and maintenance of the highway are to be considered confidential and the Serbian public cannot get any piece of information without having previously obtained consent from the foreign partner. It is absolutely unacceptable.
How is it possible that the Government representatives limit the citizens' constitutional right by signing such contracts and avoid being sanctioned for doing so?
- All I can say in regard with this case, but also with potential similar ones in the future is that the full confidentiality of a contract is something that, in the modern circumstances, is even not the characteristic of defense and public security area contracts. In all countries that guarantee free access to information, the right is limited only in exceptional cases. It is in the public interest that the data on activities carried out by authorities be made known and it is so in every separate case.
That applies to the case of HorgoS-Pozega highway as well, given that is one of the biggest examples of control over public funds. That is why I expect that the Government solve the problem with access to information from the Contract in a timely manner and in accordance with the legitimate interests of our public.
Do you think that the debate lasting for several months now regarding the Contract on concession will 'teach our authorities a lesson'?
- The events having happened in regard to this contract must be considered as serious warning of some issues that, obviously, not enough attention is paid to. All our government bodies are obliged to bring their actions, including arrangements with foreign partners, into full compliance with the obligations imposed to them by our Constitution and Law. Nowhere in the world can the public legal frame be harassed by commercial contracts, and by our Constitution it is envisaged that even ratified agreements between two states have to be in accordance with it.
