22
LEANDER v. SWEDEN JUGDMENT
(ii) there is a division of sensitive posts into different security classes
(see paragraph 26 above);
(iii) only relevant information may be collected and released (see
paragraphs 18-20, 28 and 30 above);
(iv) a request for information may be made only with regard to the
person whom it is intended to appoint (see paragraph 27 above);
(v) parliamentarians are members of the National Police Board (see
paragraph 29 above);
(vi) information may be communicated to the person in question; the
Government did, however, concede that no such communication had ever
been made, at least under the provisions in force before 1 October 1983 (see
paragraph 31 above);
(vii) the decision whether or not to appoint the person in question rests
with the requesting authority and not with the National Police Board (see
paragraph 34 above);
(viii) an appeal against this decision can be lodged with the Government
(see paragraph 16 above);
(ix) the supervision effected by the Minister of Justice (see paragraph 35
above);
(x) the supervision effected by the Chancellor of Justice (see paragraphs
36-37 above);
(xi) the supervision effected by the Parliamentary Ombudsman (see
paragraphs 38-39 above);
(xii) the supervision effected by the Parliamentary Committee on Justice
(see paragraph 40 above).
63.
The Court first points out that some of these safeguards are
irrelevant in the present case, since, for example, there was never any
appealable appointment decision (see paragraphs 11 and 16 above).
64. The Personnel Control Ordinance contains a number of provisions
designed to reduce the effects of the personnel control procedure to an
unavoidable minimum (see notably paragraphs 54-55 and nos. (ii)-(iv) in
paragraph 62 above). Furthermore, the use of the information on the secret
police-register in areas outside personnel control is limited, as a matter of
practice, to cases of public prosecution and cases concerning the obtaining
of Swedish citizenship (see paragraph 22 above).
The supervision of the proper implementation of the system is, leaving
aside the controls exercised by the Government themselves, entrusted both
to Parliament and to independent institutions (see paragraphs 35-40 above).
65.
The Court attaches particular importance to the presence of
parliamentarians on the National Police Board and to the supervision
effected by the Chancellor of Justice and the Parliamentary Ombudsman as
well as the Parliamentary Committee on Justice (see paragraph 62 above,
nos. (v), (x), (xi) and (xii)).