Strategic litigation
Court cases
11. FOICA vs. Davtashen Community Leader and Community Administration
21.01.2009
On the 30th of July, 2008, the Freedom of Information Center sent an information request to Davtashen Community Administration with the following content: “Being guided by Articles 27 and 27.1 of the Constitution of 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 Davtashen 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 Davtashen 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?)”.
Davtashen Community Administration didn’t provide the requested information within 30 days. Thus, the FOICA filed a claim to the RA Administrative Court to oblige the latter to provide the requested information.
On the 20th of January 2009 a court hearing over the case the FOICA versus Davtashen Community Administration and Davtashen Community Leader Arthur Gevorgyan took place in the Administrative Court of the Republic of Armenia (Presiding Judge - His Honor Ashot Sargsyan). The requirements of the claim were to oblige Davtashen Community Administration to provide the requested information within five day period, and to fine Arthur Gevorgyan-Davtashen Community Leader - to pay administrative penalty at the amount of 50.000 drams.
The FOICA President Mrs. Shushan Doydoyan withdrew the claim since on the 13th of January 2009 the FOICA received a letter from Davtashen Community Leader requesting one month to provide the requested information duly and properly, concurrently offering apologies for his fault and delay.
The RA Administrative Court, in conformity with para 5 of Section 1, Article 90 of the RA Administrative Procedure Code, resolved to withdraw the legal proceedings over the given administrative case.