Human Rights House of Zagreb, along with its members B.a.B.e., Center for Peace Studies – CMS, Documenta , and following NGOs: GONG, MIRamiDA Center, Transparency International Croatia, Green Action and Green Istria published a press release on recent police action toward Croatian citizen Marko Rakar who allegedly, made unauthorized publication of documents declared as ‘’state secret’’.
‘’The published Registry was declared “state secret” which is based on vague and non-transparent criteria. Basically, it’s about an alleged conflict of two rights – the public’s right to be referred to the contents of the documents held by public authorities that have an impact on the overall economic, political and social life, and the rights of individuals, in this particular case, defense counsel, to privacy and confidentiality of personal data’’, it is stated in the release.
In such cases, the Government, following a series of applicable conventions, including the Council of Europe Convention on access to official documents, shall conduct a test of public interest and based on this test to decide which of those interests outweigh, and decide which of the data from the Registry and should not be published, which should maintain the status secret.
As this is not done, the decision of the Government once again makes an arbitrary and causes distrust of the public. Instead of transparent procedures and compliance with principles of good governance, the public is turning into opposing ideological camps. Instead of solving the key problems with which the Croatian society is currently confronted by political means and dialogue, the scene enter the repressive authorities. The victim of this situation is a citizen Mark Rakar, winner of international awards for democratization.
‘’The security system of the Republic of Croatia increasingly resorts to repression and hasty solutions, and is not sufficiently enough transparent to public. Therefore, we have Marko Rakar presented as public enemy No.1, as responsible for leaking of confidential information from government sources, although these information are of undoubted interest to the Croatian public and the public opinion’’, state the NGOs in their release.
These cases show that the police did not live up to the development of democracy in Croatia and how those individuals, or civic initiatives that critically analyzes the key social problems, are treated inappropriately, thereby compromising their rights.
Croatian NGOs signers of the release, call, therefore, responsible state officials to respect international standards of citizens’ rights of access to information owned by public authorities, and that the police initiate reforms that will enable full understanding and respect for civil rights and freedoms.
Following all of this, it is necessary:
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To urgently ratify the Council of Europe Convention on access to official documents;
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Establish an independent commission for information made by the relevant decisions in cases such as the publication of registers;
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Establish an independent civilian surveillance over the actions of police and other repressive bodies, to prevent further violations of human rights of the Croatian citizens.
For organizations signatories of the statement were Gordan Bosanac, Centre for Peace Studies – CMS, and Vesna Kesic, president of the GONG Council.