Information newsletter
Issue 5(17), May 2005

Access to Information—the State against the Citizens¹
Fany Davidova, AIP

In 2004, we noticed the ambition of the legislator to restrict access to information by increasing the level of secrecy.
The monitoring of practices of access to information provision has shown that institutions are not able to respond adequately to the active search of information on the part of citizens, journalists, and NGOs.

At the same time, citizens', journalists', and NGOs' demand for access to documents held by institutions has been increasing. The number of court proceedings started by people looking for protection of their right to information has increased too. These examples are only a part of those included in the AIP Annual Report on the Access to Information in Bulgaria in 2004². The Report also contains written opinions, legislative recommendations, as well as recommendations to the administration with regard to access to information. Descriptions of information refusal cases which have given grounds for litigation can also be found in the Report.

What, however, stands behind these dry legal decisions and legislative recommendations? Who is benefiting from them and what good could they bring about? Who, after all, is seeking information, of what kind and what for? The skeptics, who already have the mindset that the battle for information with the state is a priory lost and thus meaningless, should flip through the pages of the Report. Besides evaluations, conclusions, and recommendations, the Report contains some stories. These are stories of people who want to prove their right and who by their lone efforts sometimes succeed in changing the system. There are stories of journalists who persistently look for the truth and search for points of facts instead of relying on rumours. There are big and small stories. Starting with people who inquire why the Municipality does not provide for the disposal of the garbage, continuing with those who want to know why the mayor's uncle is the only one who wins public procurements in town or citizens who have proved that the government contract with the UK consultancy Crown Agents was unlawfully classified, the Report finishes with the story of journalists who have won over the system turning the sessions of the Supreme Judicial Council public.

To seek and stand up for your rights is not an easy task. It is far easier to click one's tongue and murmur against the impersonal "them," who are doing whatever they want. When you begin to ask "why"; when you want to know "how" a certain event has turned up, or a government decision taken, or some conditions changed, you have to make an effort. Genuine transparency can only be achieved through the endeavors of the citizens. It cannot be obtained due to one's goodwill. This is a fact well-known by the characters of the stories told in the AIP report. These people have succeeded in overrunning the bureaucratic state machine in 2004 with the help of the Access to Public Information Act.

It has been the third successive year of lawyer Kiril Terziiki's contestation of the refusal of the Minister of Finance to give access to a copy of the government contract with the UK consultancy "Crown Agents." Incredibly though, the battle has been half-won.

The court peremptorily repealed the refusal of Finance Minister Velchev to provide access to the contract.
Vassil Vhobanov, a journalist, and three other media representatives raised the issue of the closing of the chambers of the Supreme Judicial Council. After a court contest, SJC opened its doors to the general public.

"Monitor" newspaper proved in court that the refusal of the President's Administration to give access to the copy of the report of the Security Services related to the involvement of the Bulgarian Socialist Party in oil trade with Saddam's Iraq (the so-called "Iraqgate") was unlawful.

Citizen Kiril Karaivanov obtained access to information that was used as evidence for the initiation of penal proceedings against malpractices and stealing from a state company.

The online daily "Vseki den" won over the Ministry of Foreign Affairs and gained access to a copy of the notes between Bulgaria and Spain from 1970 exhibiting the legal status of the current prime minister of Bulgaria.

Journalist Hristo Hristov from "Dnevnik" newspaper sued the Ministry of Interior to give him access to the documents of the former State Security Services related to the murder of the writer Georgi Markov.

Journalist Pavlina Trifonova from "24 Chassa" newspaper proved in court that the ministers' expenses on official trips are public information and access should be granted to everyone.

Of course, not all contests with secrecy ended victoriously. Even the lost battles, however, remind society that freedom of information and transparency exist; and the authorities that they should respect them.

1. Published in “Leader” magazine, issue 6, 2005 (http://www.lider-bg.com)
2.The Report is accessible in English at: http://www.aip-bg.org/l_reports.htm