Toktakunov v Kyrgyzstan Flashcards
violation of?
2 read together with 14 para 1 and 19 para 2
info requested
wanted info on the number of individuals sentenced to death
Author argued
info was to do with HR and fundamental freedoms and that the disclosure couldn’t have had any negative impact on defence capabiltiy.
why couldn’t he contest the by laws
said he couldm’t contest the by laws because he needed a copy of the stat act which he couldn’t get because they were confidential.
why was it not justified
a restriction of his individual right of access, interested in it as a citizen - not justified because the classification of the info on the number of individuals sentenced to death as ‘secret’e is not provided by the laws of the kyrgys republic and is unneccessary.
what is a state secret
a state secret is controlled by the stae and restricted by the special lists and regualtions.
the number of individuals was classified as top secret
neuman
compared it to that of canada, the restirctions were not specific fair and resonable.
the right of journalists and the right of the public have different basis in the covenant.
arises from a right of article 25, doesn’t come from a simple right to receive information.
the central parigim of article 19 is the info from a willing listener to a willing speaker.
the covenant like the universal declaration has the right to receive and seek information.