FOICA vs. Ararat Regional Government
On September 9, 2005 FOIC Ararat regional lawyer Ms. Anahit Avagyan applied to the governor of Ararat region, Mr. A. Sargsyan asking to provide the copies of the governor’s decisions made within the period of 1st and 2nd quarters of 2005. In the respond dating October 3, 2005 the governor refused to provide the requested information mentioning that the request contains a demand of report and monitoring and that the information would be provided if there was a reference to a concrete legal act. On October 28, 2005 the FOIC regional lawyer sent a repeated inquiry to Ararat regional government, pointing to the groundlessness of the governor’s reply and demanding to provide the requested information.
Below is the reply received from the governor of Ararat region:
“In response to your #3 inquiry of October 28, 2003 we inform that in our reply of October 3, 2005 to your previous inquiry with the same content the explanation for refusal is clearly stated”.
The FOIC petitioned to the first instance court of Ararat region in order to appeal against the official’s inactivity and oblige him to provide the information needed.
On December 12, 2005 the first instance court of Ararat region informed that by the desicion of December 12, 2005 the civil case against the governor of Ararat region is considered by Ararat first instance court and is carried on by Judge Leva Arazyan.
The first court hearing appointed on January 20, 2006 was postponed by the request of Ararat regional government representative to submit law amendments and documents for justifying the governor’s refusal.
On January 27, 2006 FIC received a phone call from the deputy governor of Ararat region Mr. Minasyan who said that he had just learned about the information inquiry’s existence. Explaining his ignorance, Mr. Minasyan said that their advocate who is in charge for the case had not informed them. Besides, the deputy governor assured that the whole requested information will be provided.
Finally, on February 7, 2006 two days before the second hearing of the court the Freedom of Information Center received the copies of all the decisions made by the governor of Ararat region.
During the third hearing on February 28, 2006 the Court took a decision to close the case and obliged the Defender to pay FOICA sue charges.
