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25.03.2011

Right to information about the Human Rights Ombudsperson’s work confirmed

   

 

Oleksandr Shapovalov, Head of the Kherson region civic organization Right to Life has won his claim in the court of appeal against the refusal of the Human Rights Ombudsperson, Nina Karpachova, to provide information about her work.

On 8 November 2008 Mr Shapovalov filed a suit against the Ombudsperson and her representative V. Yatsenko with the Kherson Administrative Court.  He asked that the refusals received to answer his request for information about their work be declared unlawful. Judge Kravchenko rejected the claim, taking into consideration the assertion of the respondents that the information request did not directly pertain to defence of human rights, that the Ombudsperson was not obliged to give explanations about the substance of a case and that the request had been a repeat since the Ombudsperson at that time had already received 24 information requests from Mr Shapovalov.

On 17 December 2010 the Odessa Administrative Court of Appeal rejected these arguments, revoked the first court’s ruling and issued a new ruling. This allowed the claim, found the Ombudsperson’s refusal unlawful and ordered her to provide Mr Shapovalov with the following information about 1998-2008:

- the number of protocols under Article 188-19 of the Code of Administrative Offences and the fines;

- the number of court rulings with respect to these protocols, as well as the number of rulings later revoked;

- the number of court rulings enforced and the overall number of fines.

The ruling took force immediately, however a cassation appeal would appear to have been lodged.

Information from the Kherson Regional Civic Organization Right to Life

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