direct interest or personal involvement in order to obtain it, except in cases in
which a legitimate restriction is applied’.885
15. Although some other human rights bodies take a more limited approach,886 the
Human Rights Committee has seen this right as entailing a right to receive
journalistic information,887 media access to information on public affairs,888 and
for individuals to know what personal data is stored by which public authorities
or private bodies and for which purpose.889 Prisoners should also be entitled to
access their medical records.890 Those accused of criminal offences should
also receive information on their rights.891 However, the refusal of the State to
disclose a secret police register could not constitute an interference with the
applicant’s right to receive information as he had no right to that information
and the State did not wish him to receive it.892 States also have the obligation
to provide freedom of information legislation.893
Particular protections in the context of administration of justice
16. The judiciary are seen as playing a key role and are therefore themselves open
to public scrutiny. The UN and regional special rapporteurs have therefore
noted that:
special restrictions on commenting on the courts and judges are
generally not justified;
there should no restrictions on reporting on on-going legal proceedings
unless there is a substantial risk of serious prejudice to the fairness of
those proceedings or the right to a fair trial or presumption of innocence;
any sanctions for reporting on legal proceedings should be applied only
after a fair and public hearing;
courts and judicial processes should be subject to the principle of
maximum disclosure of information unless it is necessary to protect the
right to a fair trial or presumption of innocence;
judges have a right to free expression which should only be restricted
where necessary to protect their independence and impartiality.894
885
Claude Reyes and Others v. Chile, 19 September 2006, Series C No. 151, para. 77. See also Human
Rights Committee, Communication 633/1995, R. Gauthier v Canada, 5 May 1999.
886
E.g. the European Court sees a right of access to information in relation to court proceedings, see
Kenedi v Hungary, 26 August 2009.
887
Communication 1334/2004, Mavlonov and Sa’di v Uzbekistan, CCPR/C/96/D/1877 (2009).
888
Human Rights Committee, Communication 633/95, Gauthier v Canada, 5 May 1999
889
Human Rights Committee, General Comment No.16, HRI/GEN/1/Rev.6 at 142 (2003).
890
Communication 726/1996, Zheludkov v Ukraine, 29 October 2002.
891
Human Rights Committee, General Comment No.31, CCPR/C/21/Rev.1/Add/13 (2004),.
892
European Court, Leander v Sweden, 26 March 1987.
893
Human Rights Committee, General Comment No.34, CCPR/C/GC/34 (2011), para 19; see also
concluding observations, Azerbaijan, CCPR/C/79/Add.38 (1994).
894
International Mechanisms for promoting freedom of expression, Joint declaration by the UN Special
Rapporteur on Freedom of Opinion and Expression, the OSCE representative on Freedom of the Media
and the OAS Special Rapporteur on Freedom of Expression and ACHPR Special Rapporteur on
Freedom of Expression and Access to Information, Dec 2002.
142
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