Summaries of strategic court cases supported by Access to Information Programme during 2000 - 2002:

 

 

Sofia Regional Court, Criminal Division, 1st Panel adjudges that the defendant Yavor Dachkov in the program "Voices" broadcast on 20.02.2000 on Channel 1 of BNT from 18:00, publicly, through the media /television/ with the expression "patron of the robbing of Bulgaria" did not humiliate the honor and dignity of Liuben Borisov Berov in his capacity of an official in the performance of his official duties - Prime Minister of the Republic of Bulgaria. More about the case...


Dimitar Chavdarov Totev, a lawyer working for a consulting company, submitted an application for obtaining access to information, requesting a copy of the letter by the Chief Tax Director (CTD) with interpretation of provisions of the Tax Procedure Code (TPC). The letter was issued in reply to questions raised by an individual or a legal entity, and Mr. Totev learned about its contents from the local Black Sea newspaper. More..

 

In the beginning of September the Bulgarian Helsinki Watch Committee Association (through Mr. Krassimir Kunev) filed an application in writing, which had been prepared by the AIP lawyers, to the Chief Prosecutor's Office pursuant to Art. 24, para 3 in conjunction with para 1 of APIA with the request to obtain information about the number of reports and complaints of ethnic discrimination that the prosecutor's offices had registered over the renet years (were there any reports and complaints at all, how many, which ethnic groups and what measures were undertaken by the prosecutor's office). More..

 

Polina Kireva, representative of For the Earth Environmentalist Association, wanted to obtain a copy of the minutes from a meeting of the Supreme Environmental Expert Board (SEEB) at the Ministry of Environment and Water (MEW). On 13 July 2000, after consultations with the AIP team, Ms Polina Kireva served an application for obtaining a copy of the minutes from the SEEB meeting (held on 19 June 2000) to the Minister of Environment and Water. More..

 

Kiril Karaivanov served an application in writing on 8 December 2000, requesting a copy of the minutes from a meeting of the Liquidation and Bankruptcy Commission (LBC) at the Ministry of Economic Affairs, as well as two other documents (Order № РД-26-111 of 4 August 2000 of the Minister of Economic Affairs and an Insolvency Petition served by the Managing Director of a privatised single-member limited liability company) from the same Ministry. More..

 

On 6 November 2000, Kalin Yossifov (representative of a group of heirs to farmland) served an application in writing, requesting copies of documents related to farmland users (lists by numbers of certificates and transcripts from alphabetical lists) from the Mayor of the Municipality of Montana. On 27 November 2000, the Mayor (having decided that the provisions of Art. 31, para 2 of APIA were applicable) informed Mr. Yossifov that he had sent notices to the farmland users, requesting the explicit consent in writing of those "third parties" concerned with the granting of access to information. Two users of that property refused to agree with the granting of access to the request photocopies. More..

 

On 11 September 2000, the Centre for Independent Life Association served an application to the Minister of Labour and Social Policy, requesting a copy of the Personal Social Worker Programme. On 12 January 2001, CILA re-applied for access to that information, making explicit reference to APIA. The time limits prescribed by law for response expired on 26 January 2001 and an appeal was served to SAC. More..

 

Balkans - Wildlife Association served three applications in writing to the Executive Director of the Roads Executive Agency at the Ministry of Regional Development and Public Works on 23 January 2000, 24 January 2000 and 22 February 2000. The NGO requested to be granted access to information related to the design of Strouma Highway kept by the Roads Executive Agency (copies of EIA reports and related letters and documents, answers of the Ministry, minutes from meetings between presenters and representatives of the Ministry). More..

 

On 23 February 2001, the Institute for Market Economy Foundation served an application in writing (pursuant to Art. 24, para 1 of APIA) to the Director of the National Health Insurance Fund to grant access to the budgets and reports of regional health insurance funds for 2000 (copies), the bank selected by NHIF to operate with its resources, the procedure for selection of the bank, and the amount of deposits of NHIF. More..

 

On 28 February 2000, the Access to Information Programme Foundation served an application in writing to the Ministry of Education and Science for obtaining access to copies of the instruments related to the teaching of the optional school subjects Religion - Islam and Religion - Christianity, as enumerated in the application. More..

 

On 20 March 2001, Jordan Stamenov Lazov served an application in writing to the Ministry of Environment and Water to grant access to copies of statements of findings and penalty statements issued in the course of administrative penalty procedures against a municipal company in Dupnitsa, Other documents were also requested. More..

 

On 23 May 2001, the Institute for National Studies Association served an application in writing to the Chairperson of the Central Elections Committee, requesting access to information related to the computer processing of the data from the parliamentary elections held from 1991 to 2001, as specified in five items. More..

In March 2001, Mr. Yuri Ivanov, Chairman of the Public Barometer Association served an application in writing to the State Internal Financial Control Agency to obtain access to copies of two audit statements on the findings of the audits at the College and Engineering Teaching Faculty at the Technical University, Sofia in 1999. More..

 

On 21 May 2001, Mr. Karaivanov served an application in writing to obtain access to a copy of an audit statement of a single-member limited liability company to the Minister of Finance. After he received notice in writing (19 December 2000) with a refusal to grant him access to the requested copy of the audit statement, Mr. Karaivanov appealed. The application was served to the Minister of Finance, while the refusal was signed by the Director of the State Internal Financial Control Agency. The appeal was served to SAC. The case was heard at 2 p.m. on 13 November 2001. More..

On 8 December 2000, Mr. Karaivanov served an application in writing to the Minister of Economy, requesting access to copies of minutes of the Liquidation and Bankruptcy Commission at the Ministry of Economy and two other documents. Mr. Karaivanov appealed against a partial refusal tp grant him access to copies of loan security agreements. The information was requested from the Minister of Economic Affairs and it was partially granted by a Deputy Minister. The appeal was served to SAC on 2 July 2001. Admninistrative Case No. 6242/01 of the 5th Division of SAC. The case was heard at 2 p.m. on 13 November 2001. The judgement is expected. More..

 

On 4 July 2001, Milko Nikolov Boyadjiev servced an application to the Chief Architect of Sofia to grant access to the master plans and detailed schemes for placing movable equipment within the territory of Sofia. After consultation with AIP, Mr. Boyadjiev appealed against the implied refusal by the Chief Architect. The appeal was drawn up on 24 July 2001 and served through the Chief Architect of Sofia. More..

 

On 31 July 2001, Mr. Alexei Lazarov (journalist from The Capital Weekly) served an application in writing for access to information in the form of a copy of the verbatim report from a meeting of the Council of Ministers. The application was served to the Director of the Information and Public Relations Department of the Council of Ministers. More..

 

The Regional Nature Conservation Centre Association Talking on Friendly Terms to Nature served four applications on 7 August 2001 to the City of Sofia, requesting access to information about the programme for reduction of the number of stray dogs, the privatisation of the stray dogs centre in the vilage of Mirovyane, the contract between the City of Sofia and a private company for the reduction of the number of stray dogs at that centre, and the decision of the City Council on granting subsidies for free-of-charge castration of stray dogs. None of them was answered within the time limits prescribed by law. More..

 

On 7 May 2001, Ecoglasnost National Movement, Montana Chapter (regional informal subdivision of Ecoglasnost National Association) served an application through its representative Petar Penchev for obtaining access to the statements on the measurements of noise penetration in a building located in Montana. More..

 

The Regional Martial Prosecutor's Office in Haskovo brough preliminary hearing for an offence under Art. 360 of the Criminal Code, disclosure of a secret provided by law, an instrument of the Council of Ministers or another instruction. The spokesperson of the Regional Directorate of the Ministry of Interior in Kurdjali Nina Stefanova is likely to be prosecuted for having disclosed information at a news conference on 28 August 2001, which, according to the Prosecutor's Office, constituted investigation secret. She was interrogated as a witness on 31 October 2001.