Summaries of selected statements | 73
The Ombudsman stated that the case illustrated a
number of difficult questions about the scope of application of section 29 of the Act which had not been
addressed in the formulation of the provision. This
was especially true of the question when an internal
specialist assessment concerning a political initiative
that has already been made public can be regarded
as ‘part of’ the case about the political initiative within
the meaning of section 29 of the Act. The Ombudsman found that the doubts in relation to this question
had to be clarified in connection with the processing
of specific cases in which the question arose.
In the specific situation, the Ombudsman found no
grounds for repudiating the view of the Ministry of
Justice that the specialist assessment was not ‘part
of’ the case concerning the press release of 10
February 2016. In reaching this conclusion, the Ombudsman gave weight to the context of the internal
specialist assessment (i.e. communication between
two ministries about a response to a specific press
enquiry) combined with its timing.
2018-35. Decision on re-incarceration of parolee
was not brought before the court ‘without undue
delay’
On account of a parolee’s non-compliance with the
parole conditions, the Department of Prisons and
Probation made a decision that the parolee was to be
re-incarcerated to serve the balance of his sentence,
and he was therefore returned to prison. The man
demanded that the decision be brought before the
court for review under section 112 paragraph (7) of
the Corrections Act. The Department of Prisons and
Probation did not forward the case to the court until
almost two months later, and the inmate complained
to the Ombudsman about the Department’s proces
sing time.
Under section 114(1) of the Corrections Act, a case
such as the present must be brought before the
court ‘without undue delay’. The Ombudsman stated
that in his opinion this means that the preparation
of a case which has been requested to be brought
before the court under section 112 of the Act must
progress continuously.
The Department of Prisons and Probation informed
the Ombudsman that the long processing time was
due to an error on the part of the Department. However, the Ombudsman pointed out that the Department had had several chances to discover the error
as the inmate’s lawyer had contacted the Department several times, requesting a reply to whether the
case had been brought before the court.
The Ombudsman considered it very regrettable that
the Department of Prisons and Probation had not
ensured that the case was brought before the court
sooner. In the Ombudsman’s opinion a processing
time of almost two months, including an eight-week
period during which the case was at a standstill, was
not in line with section 114(1) of the Corrections Act.
In addition, the Ombudsman decided to open an
investigation on his own initiative of the Department’s
general practice in relation to bringing cases before
the court under section 112 of the Corrections Act
in the light of the requirement under section 114 of
the Act that such cases must be brought before the
court ‘without undue delay’.
2018-36. Refusal of access to information about,
among other things, resources used by police in
connection with football match
A journalist requested access to information about
the resources used by the police in connection with a
specific football match.
The police district denied the journalist access in the
form of an extract of data (section 11 of the Access
to Public Administration Files Act) on the grounds,
among others, that the police district did not have
one or more databases from which information
about the total economic resources used could be
extracted.
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