JUDGEMENTS ON THE SUITS OF FOI CENTER RENDERED

March 26, 2010

On March 19 RA Court of Cassation released the judgment on the application of Freedom of Information Center. The organization appealed the decision of RA Administrative Court of August 13, 2009 regarding the dismissal of its suit versus the Administration of Parakar rural community (Armavir region).

As it has been reported, in July 2009 FOI Center addressed the court with suits on non-provision of information versus Administrations of six rural communities, "Office on Implementing Programs of Construction and Investments in Yerevan" state non-commercial organization and their heads (see details in YPC Weekly Newsletter, July 10-16, 2009). In the suit versus Parakar Administration FOI Center demanded to hold the inaction of the Village Elder Samvel Vardanian (who did not answer fully in January 2009 to the request on land allotment), to impose a fine of 50,000 AMD (about $ 130) on him, as well as, charge from the rural community the state duty of 12,000 AMD for filling the court.

At the session of March 19 the Court of Cassation secured the claim of the plaintiff partially. The Court stated that the Elder of Parakar village could not answer the request fully, as it did not dispose of the required information for some objective reasons. The Court of Cassation called off the decision of the Administrative Court and sent the case for reconsideration by the same jurisdiction.

Earlier, on March 18, the court of general jurisdiction of Kentron andNork-Marash communities of Yerevan secured the suit of FOI Center versus Labor Socialist Party of Armenia. As it has been reported, in April 2009 FOI Center made inquiries to seven political unions (registered at the RA Central Electoral Commission for running in the elections of Yerevan Council of Elderly of May 31, 2009) requesting the copies of their financial reports for 2008 and information about sources of charitable contributions exceeding the hundred-fold of the minimum wage. The Republican Party of Armenia, ARF "Dashnaktsutiun", "Prosperous Armenia" and the Popular Party gave an exhaustive reply and in terms defined by the law. "Orinats Yerkir" granted incomplete information with a delay, while, the Armenian National Congress party bloc and the Labor Socialist Party of Armenia did not respond to the inquiry at all. Suits were filed versus this three political unions (see YPC Weekly Newsletter, September 3-10, 2009). On October 22, 2009 the suit versus "Orinats Yerkir" was revoked, as the party granted the required information during the court hearings. On December 22, 2009 the suit versus Armenian National Congress was also turned down, based on the fact that, according to RA Civil Procedure Code, only legal entities or individuals can appear as defendants at court, while the Congress, as a bloc does not match this requirement.

At the session of March 18 the court of general jurisdiction of Kentron and Nork-Marash communities of Yerevan obliged the Labor Socialist Party of Armenia to provide with the information inquired by FOI Center in a term of 5 days.

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