Judge unaware of the Internet
16:00, March 1, 2016 | News, Own newsAs already reported, on February 22, 2016, the RA Administrative Court dismissed the claim of Helsinki Citizens’ Assembly Vanadzor against the RA Ministry of Finance requiring to provide the requested information.
Note that the Organization had filed with the RA Ministry of Finance an inquiry on the procedure for estimating the customs clearance charges for the vehicle of the person who consulted the Organization, the relevant legal act and taxes included in the estimated amount. The inquiry also required that a copy of the database was provided. In its response letter, the RA Ministry of Finance, agency in possession of the information required, provided incomplete information and particularly stated that the summarized list of the fees available at the customs agency database of vehicles moved over the RA customs border was published and submitted to the specialized customs house for vehicle clearance in the special place intended for such purposes.
By its judgment of February 22, 2016, the Court supported the statement of the RA Ministry of Finance that the information requested by the Organization was available at the special place intended for such purposes at the specialized customs house for vehicle clearance of the RA MoF. The Court refers to Article 3 of the RA Law on Freedom of Information, stipulating that publication means making information available for population via printed media and other mass media, via World Wide Web, as well as by other means as defined by legislation.
When analyzed by exclusion method, the definition of the term ‘publication’ in the RA Law on Freedom of Information suggests that the wall of the customs house is “other means as defined by legislation”, and such means defined by legislation are unknown.
When the issue is considered from the perspective of a citizen, it follows that to access necessary information, in the 21st century people have to go to the customs house and only there they can get information on the tariffs, whereas such information might be made available on the Internet, especially considering the law provision that information must be made available to the public; no doubt, the information provided at the customs house cannot be considered available.
Furthermore, apart from the failure to ensure the public access to the information, instead of providing a proper response to HCA Vanadzor, the Ministry of Finance indicated the wall of the customs house above where “the information was made available to the public.”
Hence, the RA Administrative Court legalized the illegal conduct of the RA Ministry of Finance and finds that the wall of the customs house is equivalent to a means of information.