Access to the report on the use of intercepts

Bulgarian Helsinki Committee (BHC) v. Supreme Prosecution of Cassation Office (SPCO)

Relevant legal issues under APIA:
• Art.37, para.1 item 1 - denial grounded on state and administrative secret;
• Аrt.41, para 3 - in camera inspection of the classified document by the court

Background facts:

In its 2000-2001 reports on the human rights in Bulgaria BHC announces high number of wiretaps of which only 2-3% were ever used in criminal proceedings. In the end of 2001 BHC requested access to the SPCO report from the Supreme Judicial Council (SJC), who advised the NGO to address SPCO itself. Subsequently BHC filed a request to SPCO. The latter denied access on the ground of official secrecy.

Procedural history:

After some proceedings to find out which is the competent court and postponing the proceedings on a respondent lawyer 's request the Sofia City Court appointed a hearing on 29th of May 2003. The court required evidence that the requested report was in the possession of the respondent. After such proofs were presented (the SJC letter to BHC noted above) and the respondent's lawyer said that part of the report on question was stamped as official and part as state secret, the plaintiff requested the court to do in camera inspection of the report. The latter was presented before the court hardly one week before the last hearing held on 15th of December 2003. The court ruling on the lawfulness of the classification is expected.