The Court proposes to the representative of the Minister of Defense to provide evidence on the information requested by HCA Vanadzor being confidential; the next court hearing is on March 19
16:53, February 6, 2018 | News, Own news | Freedom of Information and Speech, Rights of Soldiers/Recruits | Armed Forces
On February 5, 2018 the examination of the claim by HCA Vanadzor against the RA Defense Ministry resumed at the RA Administrative Court.
It should be recalled that with the filed claim HCA Vanadzor requested a copy of the manual on the description of military service restrictions as well as the restrictions on the permitted physical exercise and the appointment to military ranks. This manual was approved by the order issued by the RA Armed Forces Chief of the General Staff on January 15, 2014. Previously the Defense Minister refused to provide the requested information, considering it a state secret.
At the court hearing on July 20, 2017, the representative of the MoD declared that the manual would be declassified and made available in the system of arils.am in the form of an appendix to Order No 410-N issued by the RA MoD on 04.08.2013. However, later it became clear that the RA Ministry of Defense had not publicized the manual in the system of arils.am.
The court scheduled the delivery of the ruling for December 21, 2017. However, the court then declared about recommencing the trial.
At the court hearing on February 5, 2018, the court asked about the purpose for submitting the application with HCA Vanadzor’s information inquiry of October 23, 2014 and the response of the RA Defense Ministry enclosed. T. Siradeghyan, lawyer at the Organization’s representative office in Yerevan, indicated that it was submitted as evidence for the contents of the manual.
In response to that, the representative of the respondent informed that within the framework of legislative changes governmental decisions had been developed, according to which the description of the military service restrictions and the list of permitted physical exercise shall be of public nature, and provided the options developed.
However, they incorporate the contents of new legislative acts, and HCA Vanadzor requested the manual approved by the order of the RA Armed Forces Chief of the General Staff issued on January 15, 2014. T. Siradeghyan indicated that, not being familiarized with its contents, it was impossible to conclude that the information established by the previous order was identically prescribed by the draft, and insisted on the claim submitted.
The Court proposed to the representative of the respondent to provide the extract of the confidential order that proved the confidentiality of the order. Incidentally, if it is impossible to provide it to the court as a copy, that extract of the order will be examined at a court session behind closed doors.
The next hearing is at 2.30 pm on March 19, 2018.