Freedom of Information Center of Armenia.

On the 30th of July, 2008, the Freedom of Information Center sent an information request to Arabkir Community Administration to get information the following subject-matter: “Being guided by Articles 27 and 27.1 of the Constitution of the Republic of Armenia and Article 6 of the Law “On Freedom of Information” we hereby request you to provide the following information:
1. How many apartments belong to Arabkir Community Administration by the ownership right. Where do residents who have not yet privatized these apartments live?
2. You are kindly requested to inform the address of these apartments.
3. How many lawsuits have been initiated by Arabkir Community Administration with the rigth of ownership?
4. You are kindly requested to submit output information on these lawsuits (how many of them have been satisfied/refused?)”.

According to the letter of Arabkir Community Administration dated 06.08.2008, two questions  out of 4 were declined, viz. it failed to provide the requested information, justifying that such information might be obtained from condominiums.

Incidentally, the response letter No. 25/01-4-1134 of Arabkir Community Administration as of 06.08.2008 was received by the FOICA on 23.08.2008. The indicated fact is affirmed by the copy of the envelope, which has a postal seal dated 22.08.08, after which it was received by the FOICA.

The FOICA considers the decline in provision of information with such justification ungrounded, believing that it violates the constitutional rights of a person, since it is not the responsibility of condominiums to provide such information on the property belonging to the Community Administration.

Taking the aforementioned as a basis, the FOICA filed a claim to the RA Administrative Court to recognize the action of the self-governing body illegitimate and as a consequence to oblige the latter to provide the requested information.

Interlocutory proceedings took place on the 1st of December 2008. The FOICA’s Representative Karen Mezhlumyan during the legal proceedings presented the subject-matter and grounds of the claim, as well as referred to the legislation to be applied. Arabkir Community Administration Representative Gegham Karapetyan presented their objections in regard to the FOICA’s claim.

Mr. G. Karapetyan contended that they had not declined the FOICA’s information request, adding: “Perhaps, we misunderstood each other in our correspondence, as a result of which we did not respond”.

At the court hearing took place on the 30th of December, 2008 the RA Administrative Court fully satisfied the FOICA’s claim versus Arabkir Community Administration recognizing the latter’s activities led to failure to provide the requested information illegitimate.

The Court obliged the Community Administration within 5 day period to provide the refused information and compensate 4000 drams paid for the state duty.