Source: Blic
A GOOD DECISION
Comments
Rodoljub Sabic Commissioner for Information of Public Importance
In these days, Criminal Extra-Procedural Council of the Belgrade District Court made a decision which, in a duly manner, puts to an end one, legally speaking, truly interesting case from the Commissioner for Information of Public Importance's practice. It is a court decision saying that the confiscated copies of the book „Military Secret“ shall be returned to the author and publisher. Three years ago, when the „Military Secret“ appeared, with its contents and the fact that it was confiscated, and criminal proceedings instituted against the author, it had warned us that we do not hold answers to two extremely important questions. First, is it, after the classified information once emerge in public, justified and allowed to restrict its availability? And second, more important, is it justified and allowed to hold liable individual who makes such secret available to public in order to warn about illegal activities hidden behind the secret? When recently, author and publisher requested assistance from the Commissioner for Information of Public Importance, it was an opportunity to verify whether some things have changed. The court decision proved that they have. The good thing is that the answer provided on the first question was in accordance with the European Convention on Human Rights, practice of the European Court for Human Rights in Strasbourg and the human rights democratic standards. It would be even better if we had proper answer on the second question as well. And not by virtue of individual court decision, but through legal provisions, which shall protect the people who „give away“ the secret concealing illicit activity, from threats and not only from criminal, but also from any other kind of responsibility.
