YOUTH INITIATIVE FOR HUMAN RIGHTS v. SERBIA JUDGMENT
5
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
16. The applicant complained, under Article 10 of the Convention, that
the intelligence agency of Serbia had denied it access to certain information
concerning electronic surveillance, despite a final and binding decision of
the Information Commissioner in its favour. Article 10 reads as follows:
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. This Article shall not
prevent states from requiring the licensing of broadcasting, television or cinema
enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.”
A. Admissibility
17. The Government argued that the application was out of time, taking
into account the dates of the decisions of the Information Commissioner and
the Supreme Court of Serbia in the applicant’s case. They further submitted
that Article 10 did not guarantee a general right of access to information and
that the application was, as a result, incompatible ratione materiae. Lastly,
they claimed that the application was incompatible ratione personae as the
applicant did not need the information sought.
18. The applicant disagreed.
19. With regard to the first objection, the Court notes that the applicant
did not complain about the decisions to which the Government referred, as
they were in its favour. On the contrary, it complained about a refusal of the
intelligence agency of Serbia to provide it with certain information despite
those decisions. Given that the applicant filed its application with the Court
while the impugned situation was ongoing, this objection must be rejected.
20. With regard to the second and third objections, the Court recalls that
the notion of “freedom to receive information” embraces a right of access to
information (see Társaság a Szabadságjogokért v. Hungary, no. 37374/05,
§ 35, 14 April 2009). The Court has also held that when a non-governmental
organisation is involved in matters of public interest, such as the present
applicant, it is exercising a role as a public watchdog of similar importance
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