Freedom of Information: A Comparative Legal Survey - Federation of ...

A written request must, in accordance with Article 10, be responded to within two weeks, calculated from
the date of receipt of the request and ending on the date the reply is sent (including by putting it in the
post). Where a request has to be forwarded to another public body, the period of two weeks starts the date
that other public body receives the request. Where a request cannot be responded to within two weeks (no
conditions are placed on this), a public body may, upon notice being provided to the requester, extend the
response deadline by another two weeks. Failure to respond to a request in time shall be a deemed refusal
of the request.
Where a public body does not hold the requested information, it must inform the requester of this fact and,
where another public body does hold the information, the request shall be forwarded to that body. Where
information has already been promulgated, the offi cial processing the request shall indicate the location of
the information to the applicant (Article 12).
The notice provided in response to a request must include the name and position of the offi cial who
processed the request, a short description of the subject of the request, a list of any documents provided,
the date the notice was prepared and the signature of the offi cial who processed the request. It must also
include a “price list of consumables costs and information services”, as well as a list of the names and
contact information of the main State bodies in that locality which deal with matters of human rights, library
services and the provision of information (Article 11(4)). The response must also, in case of a rejection,
include the provision of Kyrgyz legislation upon which the refusal is based, as well as information about
how to appeal (Article 15(3)). In a progressive provision, the Law provides that the basis for any decision to
refuse access must itself be open (Article 4(4)).
Articles 7(2), 7(3), 8(1) and 14 address the question of manner of satisfaction of requests. They provide that
the response to a request shall normally be in the form in which it was delivered (i.e. orally, in writing,
electronically, etc.), where this is technically possible. Electronic responses may either attach the document
as a fi le or indicate the appropriate URL for it. Requests sent by fax shall be responded to in the same way
if the volume of material does ‘not prevent’ it. Pursuant to Article 7(3), where a document exists in more
than one language, it shall be provided in the language preferred by the applicant.
Article 13(1) sets out the general rule that responses to requests for information shall normally be free of
charge, although Article 13(2) provides that any postal costs shall be covered by the applicant. Pursuant to
Article 13(3), copying costs not exceeding actual costs, and in accordance with a central government price
list, may be levied for requests requiring more than fi ve pages to be copied. Fee waivers may be extended
to the poor.
These rules are, for the most part, in line with good practice in other countries.
Duty to Publish
Information
As noted, the Kyrgyz RTI Law includes very extensive and detailed provisions on the proactive disclosure
of information in some 12 articles extending to nearly eight pages. Articles 16-17 describe various specifi c
types of information that must be promulgated including laws, information about current decisions
and offi cial events, annual reports of public bodies, the assumption of offi ce or resignation of heads of
public bodies, adoption of the national and local budgets, changes in rates or taxes, legal acts relating to
management of public property, allocation of land or buildings owned by foreigners, signing international
treaties and measures to address disasters. Article 18 requires the annual messages of the President to be
promulgated, along with reports of the Constitutional Court and Ombudsman, and reports by State bodies
on their activity for the ‘reporting period’, including key statistical information. Articles 19 and 21 refer
to distribution of material in the mass media and via accessible manuals, including a summary of their
functions, and establish a general obligation on public bodies to provide information to the mass media on
their activities.
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