powers, the ombudsman has the right to demand information, to interview witnesses, and to have access to records. Given the nature of the security sector, some information cannot be disclosed to the public for reasons of national security. Generally speaking, even when rules of top confidentiality apply, the ombudsman is allowed to have access to all relevant documents for any specific case (e.g., Lithuania). However, the ombudsman cannot disclose classified information or the findings of the investigation to the general public549 (see Box 22.10). 550
Box 22.10 The Secrecy Act: Special Provisions Regarding Secrecy within the Offices of the Parliamentary Ombudsmen (Sweden)550 Chapter 11, Art. 4 “… Secrecy shall in no case apply to an adjudication by the parliamentary ombudsmen by which a matter is terminated. If a parliamentary ombudsman … receives information from another public authority, where the information is secret, the secrecy shall apply also within the Ombudsman’s Office or the Office of the Chancellor of Justice. However, if the information is contained in a document that has been produced on account of the relevant activity, secrecy shall apply within the Ombudsman’s Office only if it can be assumed that a public or private interest would suffer extensive damage or considerable harm should the information be disclosed. …”
Does the ombudsman visit the barracks? Many countries (e.g., Germany, Georgia) have granted their ombudsman the right to visit the premises of any unit at any time and without prior notice (see Box 22.11). Field visits enable the ombudsman to meet and talk to service personnel of all ranks, thereby gaining a direct impression of the conditions within the military. During such visits, service personnel may bring to the ombudsman’s attention any problem they encounter in performing their everyday military duties, as well as their personal concerns, which often are not expressed in petitions. Thanks to onsite visits, the ombudsman also has the possibility to take preventive actions and to submit specific problematic situations to the attention of the relevant authorities.
549 Hans Born, Philip Fluri, and Anders Johnsson (eds.), Handbook on Parliamentary Oversight of the Security Sector: Principles, mechanisms and practices (Geneva: Geneva Centre for the Democratic Control of Armed Forces, Inter-Parliamentary Union, 2003), p. 92. 550 See <http://www.jo.se/Page.aspx?MenuId=37&MainMenuId=12&Language=en&ObjectClass=Dynam X_Document&Id=576>.
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