Strategic litigation
Court cases
7. FOICA vs. Armavir Municipality
13.02.2006
FOICA vs. Armavir Municipality
1. Copies of all the decisions made by Armavir elders council during the second quarter of 2005
2. Copy of 2005 budget and its implementation report for the second quarter (April-May-June).
In reply to the information request on September 20, 2005 Mr. Khlghatyan sent a note which said: “To receive copies of documents mentioned in the inquiry you have to send the copy of your NGO’s statutes and pay for the service in accordance with the order fixed by the elders council.”
On January 11, 2006 FOICA sent the second information request to Mr. Khlghatyan requesting to provide the abovementioned information and reminded the mayor that his requirement to provide the NGO’s status is illegal. In the meantime, the FOIC mentioned that the NGO was ready to pay for the copying starting from the 11th page according to the 10th article of RA law on Freedom of Information. The second inquiry was not replied. The mayor informed that the requested information would be provided only after his personal meeting with FOICA Director Shushan Doydoyan to find out who is the requestor and the aims of the inquiry . According to the 4th point of the article 9 of “Freedom of Information Law” the requestor is not obliged to justify his/her information request.
On February 13 FOIC applied to the first instance court of Armavir region because of violation of the right for access to information.
The first heraing was scheduled on March 6, 2006 and was postponed at the instance of the municipality representative. The second hearing, scheduled on March 15, 2006, was also postponed as the municipality representatives were not present. The court fully satisfied FOICA's claim during the third hearing on March 21, 2006 while municipality representatives were not present again and obliged the Armavir municipality to provide the requested infromation and pay FOICA the sue charges.