The report on the situation of the human rights in the Republic of Macedonia for June 2008, prepared by the Helsinki Committee for Human Rights of the Republic of Macedonia, amongst other, contains a part about the implementation of the Law on Free Access to Public Information in the practice. We publish the whole text of the Report concerning this issue, in the chapter “Violation of Economic and Social Rights” (the case of Nebojsa Arsovski and the Association of Croats from the Republic of Macedonia).
“Person by the name of Nebojsa Arsovski from Skopje and the Association of Croats from the Republic of Macedonia addressed the Helsinki Committee for Human Rights of the Republic of Macedonia.
Nebojsa Arsovski, as well as the Association of Croats from the Republic of Macedonia addressed – each of them individually – the State Institute for Geodesic Affairs – Sector for surveying and cadastre, with requests for accessing information of public nature. The application filed by the Association of Croats from the Republic of Macedonia is with No.1118/5848 dated 30 November 2007, and Nebojsa Arsovski’s application has the same number and is dated 10 November 2007. The subject of the applications is to have a complete insight into the documentation for the structures on KP 2520/1, KO Centar 2, starting from 1995 up to date. Given that they had received no answer from the State Institute for Geodesic Affairs – Sector for surveying and cadastre, Nebojsa Arsovski and the Association of Croats from the Republic of Macedonia filed individual complaints to the Commission for protection of the right to free access to information of public nature.
On 23 April and 23 May 2008, the Commission for protection of the right to free access to information of public nature adopted two individual Decisions whereby the two complaints were accepted and the State Institute for Geodesic Affairs was ordered to provide the applicants with an insight into the requested information “Complete insight into the documentation, for application 1118/5848 submitted on 3 October 2007 for structures KP 2520/1 – Centar II starting from 1995 up to date“, within 15 days from the day of delivery of the Decision.
On 19 June 2008, the State Institute for Geodesic Affairs – Sector for Surveying and Cadastre[9] submitted to the Association of Croats from the Republic of Macedonia and to Mr. Nebojsa Arsovski a Notification letter stating that the State Institute for Geodesic Affairs was unable[10] to act upon the application for the reasons that this file along with all the papers was submitted to the prosecution authorities and up to the present date it was not returned[11] to the Sector for real estate cadastre – Skopje.
This case is about a violation of the right to free access to information of public nature and about a failure of the State Institute for Geodesic Affairs – Sector for surveying and Cadastre to fulfill its legal obligations. Even if the Institute had actually submitted the file with all the papers to the prosecution authorities, it still committed a violation of the Law on Real Estate Cadastre, according to which “The Agency shall provide for the safety of the data in an electronic form in GCIS through measures of physical and technical protection, as well as through dual storage of the data at two physically separate locations“.
