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Press statement | 24.05.2016

Ombudsperson of Bosnia and Herzegovina issued a recommendation related to Access to information

Human Rights Ombudsman of Bosnia and HerzegovinaHuman Rights Ombudsman of Bosnia and Herzegovina

After the procedure of research in accordance with the Rules of Procedure of the Institution of Ombudsman for Human Rights in Bosnia and Herzegovina, and pursuant to Article 32 of the Law on Human Rights Ombudsman of Bosnia and Herzegovina, BiH Ombudsmen recommended the Board of Directors of the Health Center Vitez to annul the Decision of Board of Directors number: 11-04-150/2015 of 07.05.2015 and issue a new decision in accordance with the provisions of Freedom of Access to Information Act of the Federation of Bosnia and Herzegovina.

BiH Ombudsmen found that, acting on complaint of Uniqa Insurance d.d. Sarajevo, the Health Center Vitez has not decided on the appeal to the reply number: 11-01-4022/2014 of 19/12/2014 in accordance with Freedom of Access to Information Act of the Federation of Bosnia and Herzegovina, thereby violating Article 14, paragraph 3 of Freedom of Access to Information Act of the Federation of Bosnia and Herzegovina.

The investigation showed that the Board of Directors, as an appellate body, in the process of deciding on the appeal of UNIQA Insurance d.d., did not even review the allegations contained in the appeal, did not conduct a public interest test, but by reference solely to the opinion of the Federation Ministry of Justice decided to reject the appeal. The second instance body, when denied access to information, did not call on substantial regulations, that is, the provisions of Freedom of Access to Information Act of the Federation of Bosnia and Herzegovina, nor explained the reasons why it was not possible to satisfy the request. By contrast, the Board of Directors in second instance procedure took its decision based on the opinion of the Federation Ministry of Justice, which has no binding force.

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