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ANNUAL REPORT 2015
The Ombudsman found it regrettable that the investigation carried out by
the prison and the Department of the Prison and Probation Service into the
inmate’s death had been insufficient.
In his assessment, the Ombudsman emphasised that cases involving deaths at
Prison and Probation Service institutions are of such a serious nature that considerable demands must be made regarding the extent of the investigations and
the guaranteed correctness of the relevant information.
2015-18. Consultation responses disclosed according to the
principle of increased access to public records
A journalist asked the Ministry of Justice for access to the consultation responses
on a bill, No. L 72, on amendments to the Aliens Act (Temporary protection status for certain foreign nationals and refusal of substantive processing of asylum
applications when the applicant has been granted protective status in another
EU country, etc.).
The Ministry granted the journalist access in accordance with the request.
However, the Ministry did exempt eight consultation responses from seven
different ministries with reference to section 24(1)(ii) of the Access to Public
Administration Files Act regarding documents exchanged between various
ministries at a time when there is specific reason to assume that a minister has
or will have a need for advice and assistance from the Civil Service.
The Ministry of Justice did not find that the exempted consultation responses
contained any information that was subject to extraction duty, and the Ministry
did not find any grounds for granting the journalist access on the basis of the
principle of increased access to records.
The journalist then complained to the Ombudsman about the decision and
pointed out, among other things, in his complaint that the Ministry of Justice
in his opinion ought to have given him the relevant consultation responses in
accordance with section 14(1) of the Access to Public Administration Files Act
regarding the principle of increased access to records.
In connection with the processing of the case, the Ombudsman asked the
Ministry of Justice for a supplementary statement with more details of its
deliberations concerning the question of increased access to records.
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