The FOICA had sent a written request on 29.05.2012 to the Director of the “Environmental Program Implementation Office” State Institution Victor Martirosyan asking to provide the following information:
- Have the employees of the “Environmental Program Implementation Office” SI received any rewards (bonuses, gifts) in 2011?
- If yes, then who have been rewarded (by the staff list) and with what amount of money (what gift)?
- How much was the total amount of the monetary rewards of the employees of the “Environmental Program Implementation Office” SI?
- How much was the cost of each of the gifts received by the employees of the “Environmental Program Implementation Office” SI and the total sum of the costs of gifts.
An incomplete answer was received from the “Environmental Program Implementation Office” SI; no information asked by FOICA was received about the employees of the “Environmental Program Implementation Office” SI having received rewards and the amount of money (answers to the 2nd and 3rd questions). Therefore, FOICA sent requests again on 20.06.2012, asking to provide complete and full information.
In response to the second request by FOICA, a memo was received on 02.07.2012 which provides information also about the question mentioned in paragraph 3 of the request; however, making a reference to part 3 of Article 6 and part 1 of Article 8 of the RA law “On Freedom of Information”, part 1 of Article 134 and Article 199 of the RA Labor Code, the information requested by paragraph 2 of the request was refused with the grounding that that was information on personal data of the employee.
Further, FOICA has asked for information about the employees according to the staff list, i.e. not by names. In addition, according to the memo by the RA Civil Service Council, no restrictions shall be applied to providing information about the cost of rewards received by civil servants. The conjunction of the above two conditions indicates that the requested information does not refer to the immunity of the private life of individual civil servant.
As a result, FOICA turned to the RA Administrative Court and the Court of General Jurisdiction of Center and Norq-Marash administrative districts on July 24, 2012 with the claim to fine the Director of the “Environmental Program Implementation Office” SI of the RA Ministry of Nature Protection V. Martirosyan in amount of 30.000 AMD for refusing twice to provide the requested information as well as to recognize the fact of violation of the right of the “Freedom of Information Center” NGO to receive information and oblige the “Environmental Program Implementation Office” State Institution of the RA Ministry of Nature Protection to provide the requested information on how much money was rewarded the employees of the mentioned SI in 2011 according to the staff list.
The court hearing in the Court of General Jurisdiction of Center and Norq-Marash administrative districts dated on October 8, 2012, was postponed. The next court hearing took place on October 25, 2012. During the court hearing, the respondent part said that they are going to provide the information asked by the FOICA. The next court hearing took place on November 8, 2012. By this court hearing the trial phase of the case was over.
On November 23, 2012, the RA Court of General Jurisdiction of Center and Norq-Marash administrative districts published its decision, by wich fully satisfied the FOICA’s claim to recognize the fact of violation of the right of the FOICA to receive information and oblige the “Environmental Program Implementation Office” State Institution of the RA Ministry of Nature Protection to provide the requested information on how much money was rewarded the employees of the mentioned SI in 2011 according to the staff list.
The FOICA’s claim to compensate the judicial expences was satisfied partially: the court obliged the defendant to compensate the state fee paid by the FOICA, as well as the half of the advocate’s payment at the amount of AMD 63.500.
On December 17, 2012, the “Environmental Program Implementation Office” SI appealed the decision of the court to the RA Civil Court of Appeal. The first court hearing in the RA Civil Court of Appeal took place on February 7, 2012, and the second court hearing took place on April 11, 2013. On April 25, 2013, the RA Civil Court of Appeal decided to overturn the decision of the Court of General Jurisdiction of Center and Norq-Marash administrative districts and sent the case to the same court for a new examination.
On May 29, 2013, the FOICA appealed the decision of the RA Civil Court of Appeal to the RA Court of Cassation. By its decision dated on June 26, 2013, the RA Court of Cassation returned the appeal of the FOICA, i.e. the case will be examed again in the court of the first instance. The first court hearing took place at he First Instance Court of the General Competence of Center and Nork-Marash administrative districts on October 2, 2013, when the Court decided to involve also the RA Government as a respondent. On October 2, 2014, the RA Court of General Jurisdiction of Center and Norq-Marash administrative districts published its decision, by wich this time Court fully rejected the FOICA’s claim. The FOICA appealed the decision of the Court to the RA Court of Appeal. The court hearing at the RA Court of Appeal took place on February 19, 2015. During the court hearing the FOICA and the “Environmental Program Implementation Office” SI decided to sigh an agreement upon the terms of the court dispute. Thus, taking into consideration the parties’ conciliati on June 4, 2015, the court decided to discontinue the case.
The court hearing in the RA Administrative Court dated on 18 October, 2012, was postponed. During the next court hearing, which took place on November 9, 2012, the RA Administrative Court decided to suspend the case until the Court of General Jurisdiction of Center and Norq-Marash administrative districts would make a decision.
IDC opinion on the case of FOICA against Environmental project implementation unit state institution is avaliable here.
