Publication date: 10.06.2024
Lawyer
Legal mechanisms to protect the right to access information for persons who have experienced violence because of their political views
In the conditions of the ongoing armed conflict on the territory of Ukraine, a significant part of the population repeatedly became victims of various human rights violations. In particular, this applies to persons who have experienced violence because of their political views and beliefs. Access to information and documentation about the facts of such violence is extremely important to ensure the protection of the rights of the victims and the prosecution of the perpetrators. However, in practice, these individuals may face numerous obstacles in obtaining relevant data. In this article, we look at the legal mechanisms that can be used to protect the right to access information for people who have suffered violence because of their political views.
Legal opinion / legal analysis of the situation
According to Article 34 of the Constitution of Ukraine, everyone has the right to freely collect, store, use and disseminate information orally, in writing or in another way - at their choice. This constitutional right is reinforced by a number of legislative acts, among which the Law of Ukraine "On Access to Public Information" and the Law of Ukraine "On Information" should be highlighted.
According to Article 5 of the Law "On Access to Public Information", access to information is ensured through systematic and prompt disclosure of information, consideration of requests for information, as well as ensuring the possibility of citizens' presence at meetings of collegial subjects of power. At the same time, in accordance with Article 20 of the same law, access to information about violations of human and citizen rights and freedoms cannot be restricted.
The Law of Ukraine "On Information" also guarantees the right of every person to information and the possibility of free search, receipt and dissemination of information (Article 5). Article 28 of this law stipulates that information about violence cannot be classified.
Legal opinion of a lawyer
Thus, persons who have experienced violence because of their political views have a legal right to receive information and documents related to these acts of violence. The state is obliged to ensure free access to such information, as well as to create appropriate mechanisms for obtaining it.
In case of refusal to provide the requested information or other violation of the right to access it, victims can apply to the administrative court to protect their rights. According to Article 19 of the Code of Administrative Procedure of Ukraine, every person has the right to appeal the decision, actions or inaction of a subject of authority in the field of administrative activity.
Consultation of a lawyer
In order to effectively protect their right to access information, individuals who have experienced violence because of their political views are advised to consult a lawyer. A professional lawyer will be able to analysis the documents and the situation as a whole, provide a legal opinion on possible ways to solve the problem and prepare the necessary legal documents, such as requests for information, administrative actions, etc.
The involvement of a qualified lawyer will significantly increase the chances of successfully defending the right to access to information and obtaining relevant documents and data necessary to protect the rights of victims.
Conclusion
The right to access information is a fundamental human right guaranteed by the Constitution of Ukraine and a number of legislative acts. Persons who have experienced violence because of their political views have every right to demand the provision of information and documents related to the facts of such violence. In case of violation of this right, the victims can apply to the administrative court for its protection. However, to effectively defend your interests, it is recommended to consult a lawyer and obtain a legal opinion on the most optimal legal strategy.
