Recurrent: Ministry of Justice
Recurred resolution: R/0244/2023
In exercise of his right of access to public information, a private individual submitted a request to the Ministry of Justice to obtain access to certain documents submitted by the Turkish authorities and belonging to the complainant ' s extradition file.
The Ministry of Justice issues the resolution in execution of the previous Judgment No. 66/2021 of the Third Section of the Administrative Litigation Chamber of the Supreme Court, which partially estimated an appeal recognizing the right of the appellant to access public information, but in a manner adjusted to the limitations of the LTAIBG.
In the resolution, the Ministry denies access to the extra-curricular documentation submitted by the Turkish authorities on the basis of the provisions of article 14.1.e) and c) LTAIBG. The purpose of the subsequent complaint to the Council is limited to verifying whether the resolution issued by the Ministry is in conformity with the law on the basis of the jurisprudence of the Supreme Court and the doctrine of the Council itself.
The Council considers the claim to be that the information requested is public information held by the requested body and that the application to the case of the limits invoked has not been justified, as required by Article 14.2 LTAIBG. Consequently, it resolves by urging that the claimant be provided with the documentation included in his or her extradition file, as provided for in articles 12 of the European Convention on Extradition and 7 of Act No. 4/1985 on Passive Extradition.
With regard to the limits invoked – that of the prevention, investigation and punishment of criminal, administrative or disciplinary offences; and that of damage to the external relations of the Spanish State – the Council considers that the Administration has formulated a very generic justification for its application to the specific case, which does not contain the necessary weighting of the concurrent circumstances and which, in essence, would be appropriate to support the denial of access to the documentation corresponding to any extradition procedure. In addition, it has not been assessed which specific information would be subject to a restriction of access for causing real and non-hypothetical harm in order, where appropriate, to grant partial access to the information, in accordance with the provisions of article 16 LTAIBG.