The Court Rejected the Appeal of the Inspection Body. TIAC and CivilNet Won the Case
The Court of Cassation has dismissed the cassation appeal lodged by the Environmental Protection and Mining Inspection Body. This appeal was in reference to their request for information from the department, along with CivilNet and TIAC. Consequently, the necessary information must now be provided by the inspection body.
In 2021, TIAC and Civilnet jointly approached the inspection body, seeking details on inspection acts carried out in Armenia's metal mines from January 1, 2018, to June 30, 2021. They also requested information on the actions taken as a result of these inspections, specifically:
- Implemented measures of responsibility
- Instructions issued to audited entities
- Confiscation of unlawfully obtained natural resources
- Employment of coercive measures
- Decisions arising from the investigation of administrative offenses
- Issued licenses, contracts, permits
- Matters relating to the suspension, termination, or prohibition of companies' activities.
Despite making the request twice, the inspection body declined to provide this information. These acts serve to summarize the violations identified during inspections, their nature, compliance with subsoil use contracts, and more. Environmental Protection and Mining Inspection Body, which had previously published or shared inspection reports with the media, now refused to do so, suggesting that interested parties consult their published reports. In 2022, the administrative court sided with TIAC and Civilnet, compelling the inspection body to furnish the requested information.
The Environmental Protection and Mining Inspection Body challenged the administrative court's decision at the Court of Appeals. However, the Court of Appeals also dismissed the appeal. Subsequently, they turned to the Court of Cassation in an attempt to overturn the Appellate decision. The inspection body argued that a legal development issue existed between the law on conducting inspections in RA and the law on freedom of information.
Despite this, in administrative case No. VD/9313/05/21, the Court of Cassation declined to entertain the appeal Environmental Protection and Mining Inspection Body. Consequently, information about the inspection results in metal mines from 2018 to 2021 is now slated for provision to TIAC and Civilnet.
The legal representation for CivilNet and TIAC during the administrative court proceedings was undertaken by The Law Development and Protection Foundation, led by Genya Petrosyan, Elina Gyurjian, and Davit Gyurjian.