The Commissioner for Information of Public Importance and Personal Data Protection met with representatives of the Network for Restitution in Serbia – Citizens Association for the Restitution of Confiscated Property "Beograd" to discuss with them about problems concerning access to information on the property under state ownership.
Representatives of the Network thanked to the Commissioner for help in various similar situations, particularly for the Decision by which the Commissioner at the beginning of July ordered the company for rental property "Dipos" Ltd. to deliver the Network for Restitution the list with a precise description of property, and expressed regret that "Dipos" has not complied with the Commissioner's decision yet and asked for further assistance.
Representatives of the Network presented their assessment that the withholding of information in this particular case is not only a consequence of poor organization and records or irresponsibility, and in this regard expressed doubts that the withholding of information is directly related to the preparation for adopting the Law regulating special conditions for obtaining properties under state ownership, with the aim of enabling a certain circle of people to become owners of property that was once confiscated from members of the Network, or their ancestors, under very favorable conditions.
The Commissioner promised representative of the Network to do everything he can, within his powers, that he will, at their request, fine "Dipos", and then ask the government to comply with its legal obligation, namely to ensure compulsory execution of the Commissioner's decision.
In this regard, the Commissioner stated the following:
"Information on state property is indisputably legitimate issues of public interest and nothing cannot justify its withholding, not only to citizens who, as in the present case, have specific interest, but to any citizen, and the public in general.
In this case, additional and specific difficulty to the problem is the fact that this is not the first time that the Commissioner has had to intervene in relation to "Dipos" for the same reason. He already twice, last year and the year before, in one case at the request of the Anti-Corruption Council, the Commissioner passed decisions instructing "Dipos" to provide information on the assets at its disposal. But even after the fines imposed by the Commissioner, "Dipos" did not comply with the decision, the government failed to ensure compulsory execution of the decision, and the line ministry failed to initiate offence proceedings against the responsible.
The competent authorities should take into account that failure to comply with the Commissioner's decision is not only a punishable offense, but it also further supports, compromising assessment, which is already very bad, of the records of state property, as well as, established or not, it fuels presented doubts about the manner of disposition of such property.
Therefore, I consider it is necessary, if "Dipos" without delay fails to comply with the Commissioner's order, that the Serbian government ensures it by compulsion, and that the Ministry of Public Administration initiates offence proceedings against the responsible person."