Strategic litigation
Court cases
34. FOICA vs.Democratic Party of Armenia
02.07.2012
On April 25, 2012, the Freedom of Information Center of Armenia sent an information request to the president of the Democratic Party of Armenia Mr. Aram Sargsyan asking to provide information on finances spent for pre-electoral campaign.
The Party has left unanswered the FOICA’s information request. Thus, on May 16, 2012, the Freedom of Information Center sent the second information request to the Democratic Party of Armenia asking to provide the abovementioned information. The FOICA's second information request also was left unanswered.
As a result, on July 2, 2012, tha FOICA applied to the First Instance Court of the General Competence of Center and Nork-Marash administrative districts asking to oblige the Democratic Party of Armenia to provide the requested information within 5 days.
The first court hearing took place on September 18, 2012. The respondent was not present at the court hearing. During the court hearing the Freedom of Information Center's representative presented the request. The primary court hearing was completed, and the case proceeded to trial stage. The next court hearing took place on October 30. The trial stage of the case was over. The day of publication of the court decision was dated on November 13, 2012. But the publication of the court decision was postponed and appointed on December 12, 2012. The publication of the court decision was postponed once again.
On December 21, 2012, the Court recognized the fact of violation of the FOICA's right to receive information and obliged the Democratic Party of Armenia to provide the requested information and to compensate the state fee paid by the FOICA and the part of the advocate's payment at the amount of 100.000 AMD.
By the way, during 2012 this is the second court decision by which the judicial expences made by the FOICA during the court case are to be compensated.
On December 21, 2012, the Court recognized the fact of violation of the FOICA's right to receive information and obliged the Democratic Party of Armenia to provide the requested information and to compensate the state fee paid by the FOICA and the part of the advocate's payment at the amount of 100.000 AMD.
By the way, during 2012 this is the second court decision by which the judicial expences made by the FOICA during the court case are to be compensated.
On January 21, 2013, the Democratic Party of Armenia appealed the decision of the court to the RA Court of Appeal. The first court hearing took place on April 17, and by this hearing the trial phase of the case was over. The court published its decision on May 2, 2013. The court decided to reject the Democratic Parie's appeal and left the decision of the First Instance Court of the General Competence of Center and Nork-Marash administrative districts in force.
On May 24, 2013, the Democratic Party of Armenia appealed the decision of the RA Court of Appeal to the RA Court of Cassation. However, by its decision dated on June 26, 2013, the RA Court of Cassation returned the appeal of the Party. In other words, the decision of the First Instance Court of the General Competence of Center and Nork-Marash administrative districts remained in force, and the FOICA has finally won the case, restoring the violated right to freedom of information. As a result, the fact of violation of the FOICA's right to receive information was recognized, and the Democratic Party of Armenia has to provide the requested information and to compensate the state fee paid by the FOICA and the advocate's payment at the amount of 100.000 AMD.