In order to conduct research on the effectiveness of the pro deo system (with legal costs paid by the state at the instruction of the court), the Hungarian Helsinki Committee, a non-governmental organization dealing with human rights, asked Hungarian authorities for access to information related to the procedures of appointing a pro deo attorney. A part of the competent authorities refused to do so, stating that the information sought qualified as personal data that cannot be revealed under Hungarian law.
Since the Hungarian courts have not ordered the publication of the requested information, in the proceedings the Helsinki Committee filed a complaint with the European Court of Human Rights due to a denial of the right to information, claiming there was a breach of rights as set out in Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The ECHR confirmed that the Helsinki Committee, as an important representative of civil society, requested information that is necessary for the purpose of research which is a matter of public interest (the subject of research concerned the effectiveness of the Hungarian system of pro deo lawyers, an issue that is closely connected to the fundamental right to fair and speedy trial) and that the Hungarian government, by restricting access to existing and readily available information, had denied the appellant of the right of access to information and thus directly violated article 10 of the Convention, which also includes the freedom to receive and impart information and ideas under the freedom of expression. Also, the ECHR has affirmed that the arguments of the Hungarian authorities were insufficient to prove that the restriction of freedom of information was necessary in a free and democratic society.
The verdict is available on the following link.
Published: 7.2.2017.
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