The European Court of Human Rights has delivered judgment on June 25, 2013 in the case of the Youth Initiative for Human Rights vs. the Republic of Serbia and unanimously ruled that there has been a violation of Article 10 of the Convention and of the right to access information.

In short, as a reminder, this case dates back to 2005 when the Association of Citizens Youth Initiative for Human Rights filed a request to the Security Intelligence Agency to disclose the number of requests for wiretapping. On the occasion of the failure to get the information, this organization filed a complaint with the Commissioner, who ordered the SIA to deliver the requested information. SIA has not acted upon the decision of the Commissioner, nor has the Government of the Republic of Serbia taken enforcement action. The case was initiated in 2006, before the European Court of Human Rights.

The judgment of the European Court of Human Rights is of multiple importance. In fact, it reinforces the previously established view of the court that the right of access to information is protected by the European Convention as is the right to freedom of expression. Also, the judgment is not an exception in the practice of the right regarding the competence of authorities in a state, including the security sector. Also, the judgment indicates that regardless of the needs of some agencies to limit the transparency of their work, the specific restriction of freedom of expression must be in accordance with human rights principles.

The judgment of the European Court of Human Rights in English "CASE OF YOUTH INITIATIVE FOR HUMAN RIGHTS v. SERBIA (Application no. 48135/06)" can be found herehttp://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-120955 - {  or on the Commissioner`s web site in folder Access to Information- Saces - Decisions of International Courts and Bodies http://www.poverenik.rs/en/cases-di/international-and-foreign-courts-and-other-bodies-decisions.html .