Commissioner for Information of Public Importance

STATEMENTS ACHIVES

PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

Commissioner for Information of Public Importance, Rodoljub Šabić, spoke with Prof. Eric Ketelar, Ph.D. and Cecilia Aptel, members of the Advisory Committee for International Courts for War Crimes' Archives. On that occasion the Commissioner, Rodoljub Šabić said:

„International Courts for War Crimes for ex-Yugoslavia and Rwanda should in due time end their mandate and stop working, which is already now making current the issue of dealing with their archives. It is about huge documentation, millions of pages of the written material and tens of thousands of hours of audio-visual records.

International crime tribunals have formed a team of recognized experts from the field of archiving and law, with the task to offer independent analysis of the problem and to suggest adequate solutions, and my collocutors are team members who would deal with International Courts for War Crimes for ex-Yugoslavia archive.

During the talk I have stressed the huge importance this archive wealth has for people and persons from the ex-Yugoslav territory. I have underlined the need to secure its safety in the best possible way, that is, keeping of secret. Simultaneously, I have stressed that with the assumption to secure other legitimate interests, one should create conditions for the widest possible access to information contained in the archive, in order to make them improve the current and future judicial practice, and to serve as a basis for historical research and of course, to contribute to reconciliation and peace in this territory.“

20-12-2007

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PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

The Commissioner for Information of Public Importance has made decisions, based on appeals of Administrative Board of The Parliament of Republic of Serbia, which obligate Public Company PTT of Serbia, Public Company “Putevi Srbije”, Public Company Airport “Nikola Tesla”, RATEL, RTS, NIS, NIS Petrol, State Water Board, to deliver data on salaries and fees of their management. Expressing hope that by way of doing this the enforcement of the procedure which in itself is an absurdity, is drawing to an end, the Trustee Rodoljub Sabic claims: “The Decisions are obligatory by the law and those to whom they apply to are liable to act accordingly in due time. If necessary the Serbian Government is liable to implement the decisions.

Administrative Board sought information from the Serbian Government, i.e. the Ministry of Finance. It did not receive them, thence it addressed to the information Trustee. Warned of its legal liabilities the Trustee has forwarded the Board's applications to addresses of those in question and some ľ submitted the necessary data. Board has submitted formal appeals to the Trustee against those who failed to do it, based on which the decisions were made.

The Law on free access to public information in article no.2 defines public information as follows: “information at disposal of public authority, created in operation or with reference to operation of authority, is contained in a certain document and related to anything rightly in public's interest to be informed of.” Article no.3 says according to the definition of this law public authority among others is every “legal person founding or financing on the whole, that is mostly the state, or public authority”, while article no.5 says that ”everyone is entitled to have access to public information…”

It is absurd that the highest legislative operating body must seek information available to all by the law, with the assistance of the Trustee.

It is inconceivable in a democratic world we tend to join, to deprive public of such data. Data on salaries and fees, not only of the public companies' management but many private companies' as well are publicly available. It is provided in the Recommendation of the European Community Committee 2004/913/CE that every company rated on a stock market is liable to announce a fee policy declaration, while as far as publishing information on individual fees of the directors and members of administrative or supervisory board is concerned, not only salaries are specified but also, contract payments, commissions, sharing of profit, shares, possible pension benefits, even amounts of approved loans.

The European Community Committee considers publishing such accurate and updated information a crucial precedent for trust building and promotion of a wholesome practice of company management.”

04-12-2007

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PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

Commissioner for information of Public Importance Rodoljub Šabić, held talks today with Vida Petrović Škero, President of the Supreme Court of Serbia and Slobodan Radovanović acting Republic Public Prosecutor on issues of implementation of the Law on free information access in the judicial system. Commissioner Rodoljub Šabić, among other things announced the following:

„The subject of today's talks were certain issues in the implementation of the Law on free information access, especially noted in the matter of Prosecution Offices. Today's talks were held with the goal of contributing to the solution of these problems. One of the results is the agreement on specific activities, which will be undertaken in several big Prosecution Offices, together with Mr.Radovanović.

Law on free information access, for all authorities represents, obligations they have to respond to. The judicial body is no exception to this. It is of course understood that exercising the right to free information access should not impede on the performance of the judicial duties of the judicial body. This is why the Law stipulates that the right to free information access, should not impede or endanger the indictments of criminal acts, administering penal offences, or trial, sentencing or executing the sentence or fair proceeding and right to a fair trial.

But limitation of rights can be justifiable only in cases when they are really present, not in anticipated or fictional circumstances. It is inadmissible to hide behind withholding information the illegitimate reasons, such as inadequacy, irresponsibility, not undertaking necessary measures and lack of results.

We also agreed in the course of the talks that many problems in implementation of the Law are caused by insufficient training of personnel to implement new legal standards in the communication with the public, and that it is necessary to undertake measures to eliminate this shortcoming, for attaining of which the judicial system needs financial, logistic and other assistance of the executive government branch..

In regards to this, those in charge of implementing the National Strategy for fight against corruption, should have in mind one still not implemented points from GRECO recommendations, which is to organize and undertake a serious program of training of personnel in the government for implementation of the Law on free information access as well as the campaign to inform the general public on the content and reach of the right to the free information access.“

15-11-2007

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PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

Commissioner for information of public importance Rodoljub Šabić held talks today with the War crimes prosecutor Vladimir Vukčević , and Miljko Radisavljević, the Special prosecutor in the struggle against organized crime, on effectuating rights to free public information access in the legal departments, and especially in the Prosecutor Office, assessing talks as very useful, Commissioner Rodoljub Šabić has reiterated:

„Access to information owned by the authority, is the prerequisite for better informing the public, which helps to better form an opinion on the state of the society, and performance of the government body. On the other side, a fair treatment of the public's right to know, is the best way for the authority, and the Prosecution to maintain their integrity and reaffirm their accountability.

By the nature of their business the Prosecution is frequently in possession of information, which for a certain period of time could be withheld from the public. However, during their operations, withholding information from the public is permitted only according to the stipulations of the Law on free information access.

The fact that the Heads of two very important Prosecution Offices demonstrate the readiness to maximize their accountability to their obligations stipulated in the Law on free information access is extremely important, especially since good examples are not that frequent. There were many problems in realizations of the rights to information access in possession of various Prosecution Offices, even significant drastic examples. Even to this day, some problems still remain in the communication of the public with the Prosecution Offices, and it is of utmost importance that the situation improves. Previous Heads of the Belgrade and County Prosecution Offices, did not adhere to the Law in this matter, to say the least. In the future I shall hold talks with the acting Republic Prosecutor Slobodan Radovanović, convinced that this conversation will give useful effects for adaptation of the Law for Free Access for Information of Public Importance.”

09-11-2007

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PUBLIC ANNOUNCEMENT

Source: Commissioner for Information of Public Importance

Public Significance Information Commissioner participated in a round table activity in Novi Pazar, organized in the cooperation of OEBS mission in Serbia, NUNS (independent association of journalist of Serbia), UNS (Association of journalists of Serbia) and the Ministry of Culture of Republic of Serbia, dedicated to the freedom of the media, and to the public significance information access.

Commissioner Rodoljub Sabic has, among other things said:

„Democratic societies are founded on the idea that the public has a right to know , in principal all of the business of the government. Free information access which are available to the government authority enables the citizens to be better informed, and government officials more responsible. In societies undergoing transition, such is ours, expanding a space for free information access is basic preconditions and expression of democratization and a fight against misuse of governmental power and corruption.

In that context, public media and journalists have a particular and very important role. In order to be able to fulfill it, clear rules need to be in place on accessibility of public information which provide for efficient data collection on government performance. Law on free access to information is one of laws providing such rules.

Insufficient is of course, to have only rules „on paper“. It is simply not enough to introduce the Law on information access and Law on public information. It is essential to insure a principal and efficient implementation of these laws. Public and the Government should contribute to this, as well, and especially journalists and media with persistent insisting on their right to free information access. And as for authority, if it wants to be deemed democratic, relating to this law as a normal ratio of relations between those entrusted with governing public affairs, and the public. As for those unwilling to accept and respect, it is necessary to activate mechanisms provided by the Law , in regards to free information access, and when necessary to enforce the law compulsively, namely that those who deny the public's rights face adequate sanctions.

01-11-2007

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