Ombudsmen.gov.ba - Ombudsperson of Bosnia and Herzegovina issued a recommendation related to Access to information

Press statement | 25.05.2016

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

Human 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 of Bosnia and Herzegovina, and pursuant to Article 32 of the Law on Human Rights Ombudsman of Bosnia and Herzegovina, BiH Ombudsmen recommended Mayor of municipality Novi Grad Sarajevo to annul the Decision number: 05-05-10260/15 of 01.19.2016 and to issue a new decision in accordance with Freedom Access to Information Act of the Federation of Bosnia and Herzegovina.

The complaint by Bijedić Kemal was considered in the light of Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 7 and 9 of Freedom of Access to Information Act of the Federation of Bosnia and Herzegovina.

On the basis of all the documentation in the case file, Human Rights Ombudsman of Bosnia and Herzegovina found that in the specific case of Novi Grad Sarajevo in deciding on the request for access to information submitted by Bijedić Kemal did not act in accordance with Freedom of Access to Information Act of the Federation of Bosnia and Herzegovina and violated Article 7 of Freedom of Access to Information Act of the Federation of Bosnia and Herzegovina.

Human Rights Ombudsman of Bosnia and Herzegovina in its recommendation indicated that the municipality of Novi Grad, in the event that reasonably determines that a request for access to information includes confidential commercial interests of third parties, shall promptly notify the third party in writing about the details of the request or inform that the sought information would be communicated, if within 15 days of receipt of this notification in writing do not answer that it considers the information confidential and the reasons for which the impart could make a damage.

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