Source: Glas javnosti
Mr. Rodoljub Sabic, Commissioner for Information, passes a resolution
Minister Ilic ordered to disclose Concession Agreement
Mr. Kostres vows to demand of the new Government to modify or void the Agreement on the construction and use of the “Horgos - Pozega” Highway with “FCC - Alpine Mayreder”BELGRADE - The Commissioner for Information of Public Importance, Mr. Rodoljub Sabic, passed resolutions ordering the Ministries of Capital Investments and of Finance to issue to the Chairperson of the Provincial Assembly of Vojvodina, Mr. Bojan Kostres, a copy of the Concession Agreement for the “Horgos - Pozega” Highway. Earlier, Mr. Kostres had asked to be issued a copy of the Agreement concluded with the winning bidder, “FCC - Alpine Mayreder”, immediately upon its conclusion, but his request was refused, even though Minister Velimir Ilic promised at the time of official signing that the text of the Agreement would be accessible to all. Taking the reliability of a Minister's word for granted, many media have also attempted to obtain access to the Agreement; however, despite the promise made by Minister Ilic, no one has managed to access it so far.
According to Commissioner Sabic, Mr. Kostres had also lodged a complaint against the Government of Serbia, but that complaint was rejected because the Law did not provide for a possibility to take administrative action against the Government before the Commissioner. The other two complaints were accepted as justified.
The Commissioner explained that the Ministry of Finance had taken recourse to inadmissible “silence of administration”; this was also true of the Ministry of Capital Investments as well: it remained “silent” during the 15-day period which the Law sets as the deadline for responding to Mr. Kostres' request and then, in violation of the Law, extended this deadline to 40 days, only to let this deadline pass without any response from Mr. Ilic's Ministry.
The only reason quoted for refusal was the allegation that it had been agreed with the concessionaire to treat all information in connection with the construction of the highway as “confidential”. Mr. Sabic deemed that “quite obviously, there was no need for that” and emphasized a confidentiality mark in itself was not sufficient reason to deny access to certain information; instead, it is necessary to prove that disclosure of the information could severely prejudice overriding public interests that outweigh the public's interest to know.
- Obviously, the public's right to know in this case outweighs the purely abstract “confidentiality”. When some person or entity is entrusted with managing a vital public resource, such as a highway, the public has to know under what terms and conditions this is done. It is crucial that the government responds adequately whenever there is mistrust of the authority bodies or suspected corruption. And by far the best way is to expose all relevant facts to public scrutiny - Commissioner Sabic concluded.
Mr. Bojan Kostres said he was satisfied with the Commissioner's resolution.
- I don't know why the Agreement is kept secret, because, if everything is regular, as we are reassured by the hour, then there is nothing to hide. But my fears are that this Agreement is far from being as beneficial as it is now claimed for the Province of Vojvodina and that it is kept from the public for this reason - Kostres contended.
Asked what he would do if the Ministries ignore the resolution or petition with the Supreme Court, which is not allowed, but is often used as a stalling strategy, Kostres said he doubted that “the Government's Ministries could ignore one of their own institutions, i.e. the Commossioner.”
- If they nevertheless act in that way, we shall take all necessary measures to protect the rights of the citizens of Vojvodina. They can attempt to win a few extra months by filing a petition with a court, but I will not let the people of Vojvodina be robbed for the next 25 years - emphasized Kostres.
He announced he would call on the new Government to modify or void the Concession Agreement and he explained he counted in particular on the support of Ministers delegated by the Democratic Party and the G17 Party. “The line Ministry of Infrastructure, which is to replace the existing Ministry of Capital Investments, will again be lead by Velimir Ilic, unfortunately for Serbia. I bear Mr. Ilic no grudge personally, but he has to abide by the law just like everyone else”, concluded Kostres.
A. D. MiloSevic
