Communicated on 19 January 2017
FIFTH SECTION
Application no. 50256/08
Oleksandr Yevgenovych SEVERYN
against Ukraine
lodged on 9 October 2008
STATEMENT OF FACTS
The applicant, Mr Oleksandr Yevgenovych Severyn, is a Ukrainian national, who was born in 1970 and lives in Kyiv.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
At the time of the events giving rise to the present application, the applicant, a lawyer by education, was a public activist and a correspondent in the Human Rights information bulletin published by the Kharkiv Human Rights Group NGO. He was also a member of the board administering the website publishing materials concerning a wide spectrum of political topics and issues related to human rights.
On 27 August 2005 the applicant requested the Constitutional Court to inform him how many requests to institute constitutional proceedings had been filed with it by individuals and legal entities between January 2003 and July 2005 and how many of them had been allowed or rejected. He noted that he needed this information, in particular, as a human rights activist.
On 13 September 2005 the Constitutional Court rejected the applicant’s request on the ground that there was no law obliging it to provide the information requested. It noted, in particular, that according to applicable law, individuals could only apply to the Constitutional Court with requests to provide official interpretation of the Constitution of the laws of Ukraine, if they considered that their application could adversely affect their constitutional rights and freedoms.
In January 2006 the applicant challenged that refusal in the Golosiyivsky District Court in Kyiv. He referred, in particular, to Articles 34 and 40 of the Constitution of Ukraine and Sections 9, 32 and 45 of the Law on Information (“Information (Data) Act”).
On 31 January 2006 the court ruled against the applicant, referring to the absence of legislation which would oblige the defendant to provide the requested information.
On 10 May 2006 and 15 July 2008 the Kyiv Court of Appeal and the Higher Administrative Court respectively rejected the applicant’s appeals.
B. Relevant domestic law
1. Constitution of Ukraine of 1996
Relevant provisions of the Constitution of Ukraine read as follows:
Article 32
“No one shall be subjected to interference with his private life and family matters, except when such interference is stipulated by the Constitution of Ukraine.
The collection, storage, use, and dissemination of confidential information about a person without his consent shall not be permitted, except for the cases determined by law and only in the interests of national security, economic wellbeing, and human rights. ...”
Article 40
“Everyone has the right to file individual or collective petitions, or to personally appeal to bodies of state power, bodies of local self-government, and to the officials and officers of these bodies, that are obliged to consider the petitions and to provide a substantiated reply within the term established by law.”
2. Law of Ukraine “On Information” (Information (Data) Act) no. 2657-XII of 2 October 1992
Relevant provisions of the Information (Data) Act, as formulated at the material time, read as follows:
Section 9. Right to information
“All citizens of Ukraine, legal entities and State bodies shall have right to information, which denotes a possibility of free access to, use, dissemination and storage of the information necessary for them to realise their rights, freedoms and lawful interests, [or] perform [their] tasks and functions.”
Section 32. Information request concerning access to official documents and request to provide written or oral information
“...
Request to provide written or oral information within the meaning of this Act shall denote an application with a demand to provide written or oral information concerning activity of the bodies of legislative, executive and judicial branch of power in Ukraine, [or] their officials in particular spheres.
...
Bodies of legislative, executive and judicial branches of power in Ukraine, [and] their officials are obliged to provide information which concerns their activity in writing, orally, by telephone or via public presentations of their officials.”
Section 45. Protection of right to information
“Right to information shall be protected by law. The State shall guarantee to all participants of the relations in the sphere of information equal rights and opportunities to access information.
Nobody may restrict rights of a person in choosing forms and sources of receiving information, except in cases envisaged by law.
Subject of right to information may demand cessation of any breaches of his/her right.”
COMPLAINT
The applicant complains under Article 10 of the Convention that his request for statistical information was turned down by the Constitutional Court.
QUESTIONS TO THE PARTIES
1. Has the refusal by the Constitutional Court to provide the information requested by the applicant in the present case amounted to interference with his rights guaranteed by Article 10 § 1 of the Convention? (see Magyar Helsinki Bizottság v. Hungary [GC], no. 18030/11, §§ 156 and 156-170, 8 November 2016)?
2. If so, was that interference prescribed by law and necessary in terms of Article 10 § 2?
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