Private individuals exercising a watchdog function on matters of legitimate concern have the right to information

Facts

The author is a human rights defender who sought information from five district police departments regarding the conditions of detention in the facilities established for that purpose. Her requests for information were denied on the ground that they were classified and could be exclusively used for internal purposes only. Furthermore, five district courts dismissed her petition on the ground of lack of jurisdiction. The author claims that the State party has violated her rights under articles 2(3)(a), 14(1) and 19(2) of the Covenant.

Admissibility

First, the author’s claims under article 2(3)(a) are inadmissible because the article may only be invoked in conjunction with other articles of the Covenant. Second, the author’s claims under article 14(1) were not sufficiently substantiated and thus inadmissible. Lastly, her claims under article 19(2) have been sufficiently substantiated for the purposes of admissibility.

Merits

The right of access to information includes the right of the media to have access to information on public affairs and the right of the general public to receive media output. This can also be exercised by public associations or private individuals. As a human rights defender, its watchdog functions on matters of legitimate public concern, necessarily warrant similar protection by the Covenant to that afforded to the press. The State party has an obligation either to provide the author with the information requested or to justify any restrictions. Article 19 (3) allows restrictions only to the extent that they are provided by law and only if they are necessary (a) for respect of the rights and reputations of others, or (b) for the protection of national security or public order, or of public health or morals. The restrictions must not be overbroad and must thus be necessary and proportionate. The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it disclose a violation by the State party of article 19 (2) of the Covenant.

Recommendations

The State party is obligated, inter alia, to provide the author with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated. Accordingly, the State party is obligated, inter alia, to provide the author with the requested information and to take appropriate steps to reimburse any legal costs she has incurred. The State party is also under an obligation to take all steps necessary to prevent similar violations in the future.

Implementation

Deadline: 24 April 2023

By Maricon Torres Lorenzo