Freedom of Information Center of Armenia.

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FOICA court claim against Mayor of Hrazdan

03.10.2008

On November 2, 2007, “Freedom of Information Center” NGO has sent a written FOI request to the Mayor of Hrazdan city asking for the copies of Hrazdan Mayor’s and the Council of elders’ decisions made in the second quarter of 2007.

On November 11, 2007, 20 days later, not receiving neither written nor an oral answer to the request, FOICA has applied to the Human Rights Defender of the Republic of Armenia. The Ombudsman studied the facts presented in the application and accepted the case under its discussion. Regarding the FOICA application, the Ombudsman requested the Mayor of Hrazdan to give clarifications and comments concerning the FOICA's application. Distorting the facts, the Mayor said that they have got an oral agreement with the FOICA president by which the requested information would be provided after the center makes payments for that service. Shushan Doydoyan, the President of FOICA assures that she has made neither oral, nor written agreement with the Municipality of Hrazdan. Moreover, Shushan Doydoyan states that the written request should be answered in written form, according to the law on “Freedom of Information”; this fact has been ignored by the Municipality of Hrazdan, as a result of which, the right of the organization to have access to information has been violated. After the Municipality of Hrazdan gave inaccurate information to the Ombudsman, and the latter made a decision to stop the discussion of FOICA's application.

In July of 2008, FOICA has applied to the Administrative Court of the Republic of Armenia. According to the claim the Mayor of Hrazdan should be obliged to provide the copies of Mayor’s and council of elders’ decisions made in the second quarter of 2007 (note: the copies will be paid), to define administrative penalty for the Mayor and fine him for 50000 (fifty thousands drams) AMD, to obligate the Mayor to publish the legal acts of the community according to the law within the administrative territory of the municipality, widely accessible for the people.
On September 30, the 1st session of the court hearing took place. The session has been postponed as the respondent party has not provided its objections to the plaintiff. On 14 October, the next court session will take place.

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