At the request of Beta Agency to comment his statement that he expected the Supreme Court to reject the charge by the Ministry of Infrastructure on Information Commissioner's Decision concerning access to information from the Concession Contract for Horgos - Pozega highway, the Commissioner Rodoljub Sabic stated:
„It is true that I have stated with 100% certainty how I expect the Supreme Court to discard the charge by the Ministry of Infrastructure against Information Commissioner's Decision in the case of Horgos-Pozega. Of course, such statement is not an arbitrary estimation, this does not concern me, it is rather an attitude based on entirely realistic facts.
Even until now, there have been cases of different authorities trying to annul Information Commissioner's Decision by virtue of lawsuit in the Supreme Court. Some even had considerable publicity. The largest publicity was in the case of BIA's (Security and Intelligence Agency) lawsuit against Commissioner's Decision requesting information on the number of persons tapped in 2005. Complaint filed by the Public Enterprise “Serbian Roads” against Commissioner's Decision requesting information on distribution of toll tickets in some toll stops also raised attention, since the comparison of such information with video recordings might have shown big difference between charged and actual transportation. The charge by JAT Airways against the decision requesting information from the contract with AIRBus concerning purchase of airplanes, was also subject to writing, as well as NIS's charge against the decision requesting information on salaries of this enterprise management. There is more. As far as I know, until today around 20 different authorities filed such charges against Commissioner's Decisions. In about 15 cases that were presently brought to an end, decision of the court was identical - the charge was rejected. In this way, through entirely steady practice, the court displayed its relation towards the right of access to information and authorities' right to have proceedings thereof.
This time also, the Supreme Court will reject the complaint as impermissible, without going into the bottom line of the things. And even if they did, the effect would be the same. Because I am convinced that the highest court instance in the country does not have, and must not have any dilemma about the famous provision such as point 24.2 from the contract on Horgos - Pozega highway, where literally all information on the construction and maintenance of highway being confidential and according to which our public may not obtain a single information without consent of the foreign partner, are in harsh, apparent disagreement with the provisions of our public and legal order, and may not anyhow represent grounds for restricting public rights guaranteed by the Constitution and Law.
With regard to this case, as well as any other similar and possible case, I would like to add that utter secrecy of the contract is something inappropriate for the present circumstances, even for the contracts in the field of defense and security. In all countries which guarantee the right of free access to information, such right is restricted only in exceptional cases. Public interest to be aware of information concerning the work of authorities is presumable in any case. The concrete case is indisputable, since it is one of the biggest actual ownerships over public resources“.
