In December 2008, two residents of the village of Parakar, S. Ghazaryan and A. Nersisyan, complained to the Freedom of Information aCenter that the village mayor did not provide information to them.
On December 12, the FOICA sent a request for information to the mayor of Parakar, which included the questions from the villagers that had remained unanswered:
1. Is the 250-260 sq.m. land plot near the road, on the left bank of the main canal by building No. 1 on Mekenagortsneri Street, included in the list of restrictions in Article 60 of the RA Land Code?
2. If yes, then on what grounds and for what reasons?
3. If no, then please state so.
The reply received from the mayor in January 2009 was incomplete. Therefore, the FOI Center filed a lawsuit in a court to demanding a complete and full answer from the community leader. On July 30, 2009, the RA Administrative Court, presided by Judge A. Tsaturyan, heard the FOICA vs. the Mayor of Parakar and the Village Municipality case.
The village mayor explained in the court that he did not provide a complete answer to the FOICA’s request for information, because it was practically impossible. Since the list of land plots that may not be transferred with the right of ownership includes areas on which the government has adopted special decisions, the mayor of Parakar must have the relevant government decisions on the aforementioned plot in order to be able to provide information requested by the FOICA.
On August 13, 2009, the RA Administrative Court decided to reject the FOICA’s claim, considering the fact that the RA government has not yet approved the relevant program that would include information about the land plot indicated by the FOICA.
On September 15, 2009, the FOICA filed a Cassation claim against the RA Administrative Court’s decision.
On March 19, 2010, the RA Court of Cassation decided to satisfy the FOICA’s claim partially. Thus, the court annulled the RA Administrative Court’s decision and sent it to a new exam.
On May 31, 2010, the RA Administrative Court examining the same case for the second time fully satisfied the FICA’s claim against the Village Municipality of Parakar.
The Court decided to recognize the Parakar Mayor’s inactions illegal and to oblige the Mayor of Parakar to provide the requested information. The Village Municipality of Parakar field a Cassation claim against the RA Administrative Court’s decision. On August 18, 2010, the RA Court of Cassation decided to refuse Parakar Village Municipality’s Cassation claim, leaving the RA Administrative Court’s decision in force.
