FOI’s Claim against Nor Nork Community Leader and Community Administration

February 9, 2009

A preliminary court hearing of the FOI’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, 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 proceedings against David Petrosyan, Nor Nork Community Leader at the amount of the penalty equal to 50.000 drams.  

The FOI’s representative-lawyer Karen Mejlumyan insisted on the claim, and the respondent objected that, “We didn’t refuse providing information. As a matter of fact we lacked any such information at that moment, consequently, we did not appear as an information holder as a result of which we failed to provide a complete answer to the FOI’s letter of inquiry to get information”.  

Judge A. Sargsyan tried hard to reconcile the parties, even prompted to the respondent what solicitation was to be made. Particularly, when the court referred to the case of FOI versus Davidashen Community Administration suggesting the respondent providing the FOI with similar answer, the representative of Nor Nork Community Administration Aghavni Karapetyan expressed willingness to provide the FOI with proper reply. This reply was formulated by the Judge with his own words and considered as solicitation from the respondent.      

As a result, the court demonstrated its “good will” and adjourned the court session till the 6th of February enabling Nor Nork Community Administration and Community Leader in fault to resolve the matter through extrajudicial procedure. Likewise the parties were advised not to give way to ambitions, instead try their best to reach conciliation. It remained obscure what made the Judge to persuade so painstakingly to reach the conciliation.
 
Incidentally, the “good will” of the Judge was not for unknown reason exercised towards the journalists: the Judge did not allow the present journalists taking pictures of the court session, thus restricting the publicity principle of the given session.  
The next preliminary court hearing was scheduled on the 6th of February at 15:30. 
It appears that some judges are rather attentive to the publications about their persons in press. In addition to the attention given, they try to draw useful conclusions. Judge Ashot Sargsyan of the RA Administrative Court ranges among those judges.    On the 6th of February the opening of the court hearing started with photo shoots specially organized for the journalists.  Let us remind that during the previous session the judge did not allow the present journalists taking pictures of the court session, thus restricting the publicity principle of the court session. This fact was also elucidated by press.

On the 6th of February the preliminary hearing of the claim of the Freedom of Information Center against Nor Nork Community Administration and Community Leader recommenced at the RA Administrative Court (His Honor Judge Ashot Sargsyan). 

The representative of the respondent – Nor Nork Community Administration was duly notified of the proceedings; however the respondent failed to appear to the preliminary court session. Consequently, the proceedings started without the respondent. And however hard the Judge tried to reconcile the parties during the previous preliminary hearing, even prompting to the respondent; it did not help reach conciliation.    

The Judge considered the case ready for trial and scheduled the case examination for the 6th of March, 2009, at 15:30, not forgetting to express his hope that it would be possible to conclude conciliation within a month period between the FOI and Nor Nork Community Administration. 
 