Commissioner for Information of Public Importance observes that the decision of Belgrade District Court to return to the author and publisher of the book “Military Secret” copies of the book that were confiscated, represents a contribution to establishing and affirmation of European democratic standards in the field of freedom of speech, freedom of access and free use of information and freedom of its dissemination.

Commissioner Rodoljub Sabic stated on this occasion:

„It is about the decision which significance far surpasses the usual significance of a single trial decision.       With its publishing, the content, as well as the fact that it was confiscated and its author criminally prosecuted, the „Military Secret“ raised many important questions. Some of these, significant for assessment of the level of human rights in the country and assessment of a gap frequently appearing between declared preference to accept highest standards in the field of human rights and reality of the country, remain with no satisfactory answer.

Upon the request to protect the rights of the author of the book, I have urged for the decision on confiscating copies of the book to be reconsidered, thus providing answer to at least some of these questions. But, more importantly, the highest representatives of the legislative authorities, President of the Supreme Court and President of Belgrade District Court and Extra-Procedural Council of the District Court indeed provided us with such answers.

Although not fully consequent, this Court decision represents an important step in the direction of an immediate application of the European Convention on Human Rights and, therefore, consistent consideration of opinions stated in decisions of the European Court of Human Rights.

Acceptance of affirmed democratic standards in this field that purport the code of silence may protect legitimate interests only, means that when classified information once becomes available to the public it ceases to be classified. Restricting its dissemination is impermissible and represents, among other things, violation of the right of access to information. “