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Lachezar Lisicov (Desant daily) vs. the President of Bulgaria

First Instance Court – case No. 5159/2010, ACSC, Second division, 37th panel

Request:
On April 26, 2010 Lachezar Lisicov, a journalist from Desant daily, filed a request to the Chief Secretary of the President. He requested:

the transcript of the in private meeting held on January 18, 2008 between the Bulgarian President Georgi Parvanov and the former President of the Russian Federation Vladimir Putin;
the transcript of the meeting of the official delegations.

Refusal:
Within the 14-days legally prescribed time limit, the President’s Administration failed to reply.

Complaint:
With the help of AIP, the journalist brought a complaint before the ACSC against the silent refusal. The complaint stated that the silent refusal was unlawful as the APIA requires the public authority to issue an explicit decision on the request and in case of refusal to motivate it. The complainant argued that the requested information is public within the meaning of Art. 2, Para. 1 of the APIA as it enables the citizens to form their own opinion on the work of the President representing the State in its international relations and none of the restriction to the right of access is applicable.

Developments in the First Instance:
The case was heard in an open court session on October 14, 2010 and was scheduled for judgment. The Chief Secretary of the President’s Administration, who is authorized to decide on access to information requests, argued that transcript of the in private meeting of the Presidents cannot be provided as the international practice is such conversations not to be recorded. He also claimed that the meeting was widely covered by the media and this was enough for the public to form its opinion.

Court Decision:
With a Decision No. 3593 as of November 11, 2010 (in Bulgarian), a panel of the ACSC repealed the refusal and compelled the administration of the President of Bulgaria to provide the information. The court held that according to the administrative practice, records of official meetings, discussions and sessions are being made. The court pointed out that pursuant to the Regulation for the Implementation of the State Protocol Act the in private meetings are not excluded from the general obligation to make and keep records. The court also stressed on the fact that this was official meeting and the fact that the conversation was only between the two heads of state does not mean that it was confidential and even if this was the case the public authority is still obliged to issue a motivated decision on the access to information request. The decision is final because the Chief Secretary of the President’s Administration did not appeal the first instance decision within the timeframe.

A day after the court decision, the transcript of the meeting of the two delegations and a memo of the in private meeting prepared by the Chief Secretary of the President were published on the website of the President.