VERDICT IN FAVOR OF HCA: The General Secretariat of the Government of Republic of Srpska violated the right to access information

The District Court in Banja Luka has accepted the lawsuit of the Helsinki Citizens’ Assembly Banja Luka (HCA BL) against the General Secretariat of the Government of Republic of Srpska and annulled the contested decision of the Secretariat, which restricted, or rather violated, the right of access to key information about the 62nd session of the Government of Republic of Srpska.

We remind you that the Helsinki Citizens’ Assembly requested access to documents related to the 62nd session of the Government of Republic of Srpska. These documents included the agenda, minutes of the session, a list of attendees and details of the discussions on the Draft Law on a Special Register and Transparency of the Work of Non-Profit Organizations.

At the end of March 2024, the RS Government secretly established the Draft Law on a Special Register and Transparency of Non-Profit Organizations and then sent it to the National Assembly of RS for further adoption.

The Helsinki Citizens’ Assembly’s initial request for access to documents related to that session was rejected with the explanation of protecting the decision-making process.

The Secretariat’s response, submitted in the form of a letter, was contested by the plaintiff, i.e. the Helsinki Citizens’ Assembly, citing procedural shortcomings and failure to conduct the legally prescribed public interest assessment.

HCA BL emphasized the special role of civil society organizations and journalists in accessing information of public importance, as confirmed by the European Court of Human Rights.

The verdict of the District Court in Banja Luka was issued on November 8, 2024.

The Court overturned the decision of the Secretariat of the Government of the RS, finding (in brief summary) the following:

• Failure to apply the public interest test: The Secretariat failed to comply with Article 9 of the Freedom of Access to Information Act.  

• Transparency as a foundation of democracy: The Court stressed that the right to access information is essential for the accountability of government, and in particular the important role of civil society organizations and journalists.

• Obligation to promote transparency: Public authorities are obliged to ensure access to information in order to facilitate public debate and ensure accountability.

The verdict obliges the General Secretariat to make a new decision in accordance with the law. Following the verdict, the Secretariat finally issued an administrative act (in the form of a decision) and provided the requested information on the invitation, agenda, minutes and list of attendees from the session, but refused to disclose the voting method, i.e. how each minister voted.

This verdict represents an important step towards promoting transparency and accountability of institutions in the RS.

It also confirms the key role of the judiciary in protecting the right of citizens to access information of public importance.

You can read the complete verdict in the attached PDF:

presuda okruznog suda banja lukaDownload

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