The Commissioner for Information of Public Importance and Personal Data Protection appealed to the Government of the Republic of Serbia to start fulfilling its obligations set forth in Article 28, paragraph 3 of the Law on Free Access to Information of Public Importance- where necessary, the Government shall ensure that the Commissioner's rulings are enforced. The Commissioner estimated that the Government's failure to meet its obligations is an incentive for noncompliance with the law and the cause of justified discontent of citizens and all others who are unable to exercise their right set under the law and confirmed by the decision of the relevant authority.
Estimated as especially unacceptable and worrying by the Commissioner is the fact that the Government is failing to ensure enforcement of the Commissioners rulings, and also that structures and individuals subordinated directly to the Government even support non enforcement of legally binding Commissioner's rulings. Regardless whether evil intentions or ignorance and incompetence stand behind these acts, they are not to be tolerated and should bear all legal consequences.
Regarding therewith the Commissioner Rodoljub Sabic stated the following:
‘'The fact that the Government has not respected this obligation, for the last four years of the implementation of the Law on Free Access to Information of Public Importance, is causing significant discontent of the citizens and all others who wish to exercise their right guaranteed by both the Constitution and the law.
UNS (Association of Journalists of Serbia) and NUNS (Independent Association of Journalists of Serbia) have formally voiced their discontent and proceeding from the fact that non-execution of legally binding rulings of the relevant authorities represents a typical example of ‘'ill management'', they will request that, within the scope of his powers, the Ombudsman also be retained in the solving of this problem. I am certain that the Ombudsman will respond to that request.
The information that representatives of some structures under government control are even inciting public authorities not to enforce the rulings of the Commissioner for Information of Public Importance is alarming.
Withholding medical records of Andjelka Popovic, who passed away after childbirth at the Gynecological Clinic in Kragujevac, a few months ago, is a topical and extreme example. Due to high blood pressure, she was sent to Kragujevac from the Studenica Health Centre in Kraljevo, without medical escort, even though she was experiencing, according to health inspection findings recurrent attacks of fainting accompanied by headache.
The public voiced doubt that the accompanying medical records had not been sent as well, which further complicated the work of doctors in Kraljevo. Notwithstanding this, besides the rulings of the Commissioner for Information and Personal Data Protection HC Studenica, Kraljevo refuses to hand down copies of the records to her husband referring to some sort of unprofessional, also publicly inaccessible opinion of the Ministry of Health, i.e. of the inspection within the Ministry.
Calls of some public authorities to other public authorities not to enforce legally binding rulings are unthinkable and scandalous in a regulated state. In this particular case, regardless whether they are founded or not, they nurture already existing great distrust in laws and institutions of this country.''
