Another NGO challenges the state for access to public documents

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Source/Author: Association of Journalists of Kosovo
Source/Photo: Photo by: AJK

Pristina, 07.03.2018 – Pristina’s Basic Court ruled in favour of NGO “FOL Movement” lawsuit against the Ministry of Infrastructure that refused access to tender documents and of the contract for the construction of the Ibrahim Rugova highway.

FOL filed the lawsuit on 28.09.2010 against the Ministry of Infrastructure which had not provided access to the tender dossier and a copy of the construction contract for the Ibrahim Rugova motorway.

The court in its judgment stated that this decision was based on Law 41 of the Constitution and the Law 2003/12 on Access to Official Documents.

After the announcement of the verdict, Minister of Infrastructure, Pal Lekaj said that the ministry will respect the court’s verdict. “We are here as Kosovo institutions to respect every court decision. I have no other comment,” said Minister Lekaj, reports Kosova Press.

This is the fourth case that Pristina’s court decides in favour of the media and civil society about their lawsuits demanding access to public documents.

In October 2015, the Balkan Investigative Reporting Network (BIRN) had won a legal battle against the Office of the Prime Minister. BIRN filed suit in 2012 demanding access to expenses of abroad travel of the then Prime Minister, Hashim Thaci, as well as access to expenditures of five deputy prime ministers.

Despite the court’s decision to access these costs, the Office of the Prime Minister of the Republic of Kosovo has continued to reject BIRN on several requests made by the latter asking access.

BIRN has continued with other legal paths and the case is now with private enforcement agents. The Office of the Prime Minister once again refuses to execute the court decision, and prosecution procedures are initiated against officials responsible for enforcing the verdict.

“We have also filed criminal charges in the Pristina prosecutor’s office claiming that the office of the Prime Minister is misusing the official duty to not enforce the verdict”, said Kreshnik Gashi, editor at Kallxo.com.

In 2016, BIRN wins another legal battle in the lawsuit against Kosovo’s Prosecutorial Council that refused access to documents related to disciplinary measures for alleged violations by prosecutors.

Also in January this year, the Basic Court of Pristina approved the claim of the Pristina’s GAP Institute as grounded, stating that the Ministry of Economic Development and KEK violated Article 41 of the Constitution and the Law on Access to Public Documents. The Ministry did not allow access to the KEDS privatization assets and tender documents for the construction of power plant in Kosovo.

In January 2017, the Minister of Economic Development, Valdrin Lluka, made public the tender documents and the contract between the Government of Kosovo and the US company Contour Global, signed in December 2017, for the construction of a new power plant in Kosovo.