-34some entities of the State Administration to respond to requests for information made by
individuals and, particularly, non-profit organizations.” However, the Committee advised
that, in general, the initiative had been “unsuccessful, because the laws in force on this
issue assign decisions on conflicts between those requesting information and the
requested public service to special administrative-law proceedings. […] Since the decision
on whether it is admissible to disclose the public information requested by the individual
is reserved to a court, the logical inclination of the heads of service faced with this type of
request is to wait until the competent court orders it,” since, this will ensure that “they
are exempted from responsibility in case of possible claims by third parties.”70
REGARDING COSTS AND EXPENSES
57(46) The alleged victims and their representative incurred expenses while processing
the case before the domestic courts, and also during the international proceedings (infra
para. 167).
VII
VIOLATION OF ARTICLE 13 OF THE AMERICAN CONVENTION
REGARDING TO ARTICLES 1(1) AND 2 THEREOF
(FREEDOM OF THOUGHT AND EXPRESSION)
The Commission’s arguments
58.
Regarding the alleged violation of Article 13 of the Convention, regarding Articles
1(1) and 2 thereof, the Commission indicated that:
(a)
The disclosure of State-held information should play a very important role
in a democratic society, because it enables civil society to control the actions of
the Government to which it has entrusted the protection of its interests. “Article
13 of the Convention should be understood as a positive obligation on the part of
the State to provide access to the information it holds”; this is necessary to avoid
abuses by government officials, to promote accountability and transparency within
the State, and to allow a substantial and informed public debate that ensures
there are effective recourses against such abuses;
(b)
There is a growing consensus that States have the positive obligation to
provide the information they hold to their citizens. “The Commission has
interpreted Article 13 to include a right of access to State-held information”;
(c)
“According to the broad terms of Article 13, the right of access to
information should be governed by the ‘principle of maximum disclosure.’” “The
burden of proof corresponds to the State, which must demonstrate that
restrictions to access to information are compatible with the inter-American
Advisory Committee for the Protection of Human Rights (file on merits, reparations, and costs, volume II, folios
554 and 556).
70
Cf. Report issued on February 15, 2006, by the Chairman of the Presidential Advisory Committee for
the Protection of Human Rights (file on merits, reparations, and costs, volume II, folios 554 and 556); and
written statement made by the expert witness Davor Harasic on March 7, 2006 (file on merits, reparations, and
costs, volume II, folios 509 to 518).