NGO must pay €3,000 for requesting government information

Asking the Spanish government questions can be expensive. Just ask the non-profit group Access Info Europe, which champions transparency and access to information across Europe. The Madrid-based NGO was condemned by the Spanish Supreme Court this year to pay 3,000 euros to cover the costs of a process the group began in 2007, when it requested to know what Spain was doing to fight corruption.

Access Info Europe asked for specific information from the government regarding what it had done to implement United Nations and OECD anti-corruption and anti-bribery conventions. The Justice Ministry replied with administrative silence, so the group turned to the courts. After a five-year legal process, this year the Supreme Court ruled against Access Info Europe, claiming that its request was not so much for information as for explanations, and ordering it to pay legal fees. The group has already appealed to the Constitutional Court and is waiting for that decision, Access Info Europe says on its website.

The case illustrates the fact that Spain is the only European country with over one million citizens that lacks specific legislation to limit government secrecy and ensure access to the files of publicly funded institutions.

It coincides with a bill currently making its way through parliament that is aimed at increasing transparency, access to information and good governance.

The risk of paying such costs is a massive disincentive for an ordinary citizen"

"The Supreme Court decision recognizes that the administration failed to answer the initial request but nevertheless has condemned the NGO, which challenged this administrative silence, to pay the costs of taking the case," explains Enrique Jaramillo, the lawyer representing the group in the case, on the website. "The risk of paying such costs is a massive disincentive for an ordinary citizen who will be unlikely to challenge the failure to respond to an information request."

One of the specific questions that the non-profit put to the Justice Ministry was the following: "In conformity with the UN Convention against Corruption (article 6), which body is responsible for preventing corruption committed by Spanish people and public and private bodies? What resources (financial and personnel) have been provided to this body?"

Access Info Europe first turned to the High Court, which found that there had been no violation of freedom of information because Article 20.1.d of the Constitution (the right to freely communicate or receive accurate information) does not imply a right of access to information held by public bodies, the NGO informs. The High Court also ruled that the right to participate in public affairs protected by Article 23.1 of the Constitution "is not relevant to the issue at hand."

The group then appealed to the Supreme Court, which found that "this is not a request for information [...] what is requested is much closer to a political intervention"

Helen Darbishire, executive director of Access Info Europe, said that "this situation is pretty surprising, especially for a country that is telling the international community that it is making efforts to improve the Transparency Law."