Source: Danas
I haven't now for a quite long time watched some of the plays by Ežen Jonesko. It is a pity. In living conditions like ours it is not bad “to hear” from time to time a writer whose talent has been effectively described by someone as a „gift for acrobatic evasion of punches of limitless human stupidity “.
And I have been reminded of the great magician of absurd theatre, of whom I have nearly forgotten, by one contemporary case from the practice of the Trustee for Information. The case I speak about has actually reminded me of the paraphrase of one of Jonesko's famous messages of absurd - „good pupils are only those pupils that do not know anything“.The case I speak about, or the show, if someone would prefer that, is happening in one institution dealing in the pupils' standard. The main actor is I.N., who has requested from the institution certain information regarding its financial operations. Although the institution has been obliged by the law to provide to I.N. access to requested information or to pass a decision, of course with justification of denying access, the institution didn't do anything of the two. It has simply ignored that request. I.N. has after that turned to the Trustee for Information of Pubic Interest and asked for protection of his right. The Trustee for Information has, according to the law, delivered the appeal to he mentioned institution and requested it to make official statement in relation to the appeal. The institution did not do anything even this time, but remained silent. After lapsing of the term that has been given to the institution for making official statement based on the appeal, the Trustee has, in line with the opinion that every handling of budget funds is something of public interest, passed a Decision by which he has ordered the institution to make that information available to I.N.
The Trustee has allowed the institution adequate deadline for acting according to his order, and to inform him about execution of the Decision.
That was the moment in which finally, the institution raised its voice. However, in an unusual way. Instead of expected information that his Decision has been executed, the Trustee has received a request to cancel his Decision. As a reason for that, it has been stated that I.N. is a minor, so that he does not posses capacity to appear in court, bearing in mind that it is something that is achieved by the age of 18. Enclosed to the request they have sent the School Certificate proving that fact. And so, the Trustee who until then didn't know that fact has found out from the mentioned certificate that I.N. is an excellent pupil of Legal-Bureau Technique School and that he is little over 17.
Of course, at the very first look it is strange why the institution has been silent for so long, and has just after the Order of the Trustee pointed out this, in its opinion, important fact. But, whether strange or not, the objection based on non-existence of capacity to appear in court always has a specific weight.
However, in this specific case, this is quite relative. Even if the Trustee, lead by extremely formalistic reasons, would annul his Decision, it is sure that after repeated request of the person of legal age he would pass the identical Decision. And for I.N. it would not be any problem to arrange that such request become signed by his school friend, friend, neighbor or a relative who is of legal age. Independently from that, the Trustee is of opinion that potential lack of capacity to appear in court has been eliminated by the statement of the legal representative, I.N.'s mother, that she accepts all activities he has undertaken as her own. Accordingly, the Trustee shall not cancel his Decision.
This is the moment to introduce the other actors into our play. The thing is that I.N. has, besides from the mentioned institution, asked for information about its work also from some other entities that had such information available. It is about information pertaining to the control of the financial operations of the institution. Ministries of Education and Finances haven't in the beginning enabled access to him, regarding the requested information, so I.N. appealed to the Trustee. After the adequate order of the Trustee, both Ministries have given requested information to I.N. Probably a direct consequence of this is the news I have recently read in the daily newspapers, speaking that the UBPOK has entered the institution we are talking about and is currently examining its financial operations. I do not know what shall be the result of that activity. I do not wish to speak about that, because it could, even indirectly, prejudice the evaluations and attitudes of the persons in charge, and they should be left to work in peace.
However, whatever the outcome, something should be set as undisputable. Data about financial operations of budget users, except on an exceptional basis, should have to be treated as priority information of public interest. According to the provisions of the Law on Free Access to Information of Public Interest and Instructions for Publishing Information Booklet on Work of State Bodies, such information should be published also on the Internet. That practically means that they are available to the widest possible range of users, making in that way irrelevant facts like nationality, seat, residence and other personal characteristics, including of course, the legal age.
Refusing access to such information to pupil I.N. with problematic and in any case, very late justification that he is a minor, is simply stated, move which is difficult to understand. It is such a move that based on it one could conclude that those who have made it really think that good pupils are only those that do not know anything.
I like to think that there are many more of the others. Those who think that boys like I.N. are good pupils. Not only because it is written that way in the Certificate, but because it is the time for young people who understand the significance of new rights and democratic institutions and who know how to use them. When the moment comes, they would know to create new rights and to manage democratic institutions. And I hope, they will have something from the mentioned Jonesko's talent. Including the talent for writing, and even more of the talent for evading the punches hit by the human stupidity.
