Strategic litigation
Court cases
12. FOICA vs. Nor Nork Community Leader and Community Administration
27.01.2009
On the 1st of August, 2008, the Freedom of Information Center sent an information request to Nor Nork 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 Nor Nork 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 Nor Nork 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?)”.
1. How many apartments belong to Nor Nork 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 Nor Nork 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 Nor Nork Community Administration dated 12.08.2008, the requested information had to be prepared, so Nor Nork Community leader wasn’t able to answer the FOICA’s request within 5 days. But even after 30 days, which was the deadline for providing the requested information in accordance with the RA Law “On Freedom of Information”, Nor Nork Community leader left the FOICA’s request unanswered. Thus, the FOICA filed a claim to the RA Administrative Court to recocnize the action of the self-governing body illegitimate and as a counsequence to ablige the latter to provide the requested information.
A preliminary court hearing of the FOICA’s claim against the administration of Nor Nork Community and Community Leader David Petrosyan took place at the Administrative Court (Presiding Judge - His Honor Ashot Sargsyan) on the 26th of January, 2009 which was aimed at recognizing the inactivity of the Community’s administration as unlawful, obliging the latter to provide in five-day period the requested information and instituting administrative penalty David Petrosyan, Nor Nork Community Leader at the amount of 50.000 drams.
On 23 March, 2009, the RA Administrative Court decided to uphold the FOICA’s claim partially and consider the inaction of the Nor Nork Community Administration as unlawful.
Since the Nor Nork Community Administration had provided the requested information during the trial, the RA Administrative Court rejected to oblige the Nor Nork Community Administration to provide the requested information. The Court rejected to define administrative penalty for the Nor Nork Community Leader David Petrosyan.
The FOICA filed a complaint at the Court of Cassation, asking to overturn the administrative court’s decision on inadmissibility of the part of the claim where the FOICA asked to impose a 50,000 AMD fine on the Leader of Nor Nork Community Administration.
The FOICA decided to turn to the Court of Cassation to finally resolve the issue of subjecting officials, who refuse to provide information, to administrative sanctions. The Court of Cassation found that there are no legal grounds for subjecting the person to administrative sanctions.