Armenia
Name of law: Law of the Republic of Armenia on Freedom of Information
First adopted: 2003
Last modified: 2003-09
RTI Rating last updated: 2011-09
First adopted: 2003
Last modified: 2003-09
RTI Rating last updated: 2011-09
Introduction
One of the real strengths of the Armenian RTI law is its very broad scope, and its performance in this category lifts up its overall score. It also does reasonably well on procedures, although the application process requires too much information and the rules on responding to requests could be tighter. Appeals go to the Human Rights Defender, a sort of ombudsman, leading to point losses in various parts of the Appeals category as well as in terms of Promotional Measures, since the Defender is not given a central promotional role.The law is also available in its Armenian original here. The Constitutional Law of the Republic of Armenia on the Human Rights Defender is also available here.
Expert: Shushan Doydoyan
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 28 | 30 |
| 3 | Requesting Procedures | 20 | 30 |
| 4 | Exceptions & Refusal | 17 | 30 |
| 5 | Appeals | 17 | 30 |
| 6 | Sanctions & Protections | 6 | 8 |
| 7 | Promotional Measures | 10 | 16 |
| ∑ = 102 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | Article 51: The Right to Receive Information 1. Everyone shall have the right to receive information on the activities of state and local self-government bodies and officials and to become acquainted with documents about such activities. 2. The right to receive information may be restricted only by law with the aim of protecting public interests or fundamental rights and freedoms of others. 3. The procedure of receiving information, as well as the grounds of liability of officials for concealing information or groundlessly refusing to provide information, shall be stipulated by law. | |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 6(1) Each person has the right to address an inquiry to information holder to get acquainted with and/or get the information sought by him as defined by the law. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | 4 Main principles of securing information freedom are: (a) definition of unified procedures to record, classify and maintain information; (b) insurance of freedom to seek and get information; (c) insurance of information access; (d) publicity. | Has principles but these are not benefits and no rule on interpretation. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 6(1) Each person has the right to address an inquiry to information holder to get acquainted with and/or get the information sought by him as defined by the law. (2) Foreign citizens can enjoy the rights and freedoms foreseen by the following law as defined by the Republic of Armenia Law and/or in cases defined by international treaties. | In practice, no limits on foreigners |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 3 Main concepts used in the following law include: Information - records/data of facts, people, subjects, events, phenomena, processes that are received and formed as defined by legislation, despite of the way those are possessed or their material carrier (electronic or hard copy documents, records, videos, films, photos, drawings, schemes, notes, maps, etc.) | The definition includes a reference to "as defined by legislation" which could be limiting but it has been interpreted to cover everything. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 3 Main concepts used in the following law include: Information - records/data of facts, people, subjects, events, phenomena, processes that are received and formed as defined by legislation, despite of the way those are possessed or their material carrier (electronic or hard copy documents, records, videos, films, photos, drawings, schemes, notes, maps, etc.) | Not entirely clear from the definition but it seems to have been interpreted broadly. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 1(2) This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. 3 Main concepts used in the following law include: Information holder - state bodies, local self-government bodies, state offices, state budget sponsored organizations as well as organizations of public importance and their officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. | There could be some bodies which are not funded but are controlled by the State that are not covered |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 1(2) This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. 3 Main concepts used in the following law include: Information holder - state bodies, local self-government bodies, state offices, state budget sponsored organizations as well as organizations of public importance and their officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. | Should be covered as a state funded body |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 1(2) This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. 3 Main concepts used in the following law include: Information holder - state bodies, local self-government bodies, state offices, state budget sponsored organizations as well as organizations of public importance and their officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 1(2) This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. 3 Main concepts used in the following law include: Information holder - state bodies, local self-government bodies, state offices, state budget sponsored organizations as well as organizations of public importance and their officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. | According to expert, all State-owned enterprises are covered. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 1(2) This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. 3 Main concepts used in the following law include: Information holder - state bodies, local self-government bodies, state offices, state budget sponsored organizations as well as organizations of public importance and their officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. | Presumably these would be state funded |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 1(2) This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. 3 Main concepts used in the following law include: Information holder - state bodies, local self-government bodies, state offices, state budget sponsored organizations as well as organizations of public importance and their officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. | Covers state funded and then provides for a long list of public functions, although this might not include everything. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 9(4) The applicant does not have to justify the inquiry. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | NO | 0 | 9(1) A written inquiry must be signed to include applicant’s name, last name, citizenship, place of residence, work or study (in case of legal persons: name, physical address). | Requests must contain name, citizenship, place of residence, work or study |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 9(2) A written inquiry is registered and processed as defined by the relevant legislation of processing civilian’s applications and appeals, separately from other types of administration. (5) In case of oral inquiry, the applicant must in advance tell his name and last name. Oral inquiry is given an answer when: a) The disposal of the inquired information can prevent to state and public security, public order, public health and morals, other’s rights and freedoms, environment and person’s property. b) It is important to make sure that the given information holder has the relevant information. c) It is important to clarify the procedure according which the information holder processes the written inquiries. (6) The answer to the oral inquiry is given immediately after listening to the inquiry or within the shortest possible time frame. If the person making the oral inquiry is not telling his name, last name and/or the oral inquiry does not correspond to the conditions defined in the sub clauses a, b and c of the 5th clause of the following Article, then the information holder can decline the oral inquiry. | Only limited power to submit oral requests but otherwise easy |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 13(2) Person responsible for the Freedom of information according to the law: (b) explains thoroughly the procedures, conditions and forms of providing information to the person seeking information, Decree N1204 of 2015 | General requirement to explain the rules but elaborated on in a 2015 Decree which sets more precise rules |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | 13(2) Person responsible for the Freedom of information according to the law: (b) explains thoroughly the procedures, conditions and forms of providing information to the person seeking information, Decree N1204 of 2015 | General requirement to explain the rules but elaborated on in a 2015 Decree which sets more precise rules |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | 9(7) The answer to written inquiry is given in the following deadlines: (a) If the information required by the written inquiry is not publicized, than the copy of that information is given tot the applicant within 5 days after the application is filed. (b) If the information required by the written inquiry is publicized, than information on the means, place and time framework of that publication is given within 5 days after the application is filed. (c) If additional work is needed to provide the information required, than the information is given to the applicant within 30 days after the application is filed, about which a written notice is being provided within 5 days after the application submission, highlighting the reasons for delay and the final deadline when the information will be provided. (10) If the information holder does not possess the information sought or if the disclosure of that information is beyond its powers, than within 5 days after the written inquiry is filed, it must inform the applicant about that in a written form, and if it possible, also point out the information on the place and body, including archive, that holds that information. | Not exactly a receipt but some sort of response must be provided within 5 days in any case |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 9(10) If the information holder does not possess the information sought or if the disclosure of that information is beyond its powers, than within 5 days after the written inquiry is filed, it must inform the applicant about that in a written form, and if it possible, also point out the information on the place and body, including archive, that holds that information. (11) If the information holder does not possess all the data on the inquired information, than it gives the applicant the part of the data, that it possesses and in case of possibility also points out in the written answer the information on the place and body, including archive that holds that information. | referral system |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 9(8) The answer to written inquiry is given on the material carrier mentioned in that application. If the material carrier is not mentioned and it is impossible to clarify that within the time limits foreseen by the following law, than the answer to the written inquiry is given by the material carrier that is the most suitable for the information holder. (9) In the cases foreseen by the 7 a sub clause of the following Article, the person submitting inquiry can by his wish, as defined by legislation, get acquainted with the information within the premises of the information holder, getting back his written inquiry. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | 9(7) The answer to written inquiry is given in the following deadlines: (a) If the information required by the written inquiry is not publicized, than the copy of that information is given tot the applicant within 5 days after the application is filed. (b) If the information required by the written inquiry is publicized, than information on the means, place and time framework of that publication is given within 5 days after the application is filed. (c) If additional work is needed to provide the information required, than the information is given to the applicant within 30 days after the application is filed, about which a written notice is being provided within 5 days after the application submission, highlighting the reasons for delay and the final deadline when the information will be provided. | Not mentioned |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 9(7)The answer to written inquiry is given in the following deadlines: (a) If the information required by the written inquiry is not publicized, than the copy of that information is given to the applicant within 5 days after the application is filed. | 5 days |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 9(7) The answer to written inquiry is given in the following deadlines: (c) If additional work is needed to provide the information required, than the information is given to the applicant within 30 days after the application is filed, about which a written notice is being provided within 5 days after the application submission, highlighting the reasons for delay and the final deadline when the information will be provided. | 30 working days but notice must be provided |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 10(1) Providing information or its copy from state and local self-government bodies is realized according to the Government Regulation of the Republic of Armenia. (2) The payment defined in the 1st clause of the current Article is not paid in the following cases: (a) response to oral inquiries; (b) for up to 10 pages of printed or copied information; (c) for information via e-mail (internet); (d) responding the written information inquiries mentioned in the 2nd clause of the Article 7; (e) providing information about the changes of the deadline in the cases foreseen by the 7c sub clause and 10th clause of the Article 9; f) declining the information request. (3) The organizations of public importance decide themselves the cost to be paid for information, which can not exceed the costs of providing that information. (4) Body or organization that has provided untruthful or incomplete information shall provide corrected information free of charge, as defined by this law, upon the written inquiry of the receiving party. 2015 regulation | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | YES | 2 | 10(1) Providing information or its copy from state and local self-government bodies is realized according to the Government Regulation of the Republic of Armenia. (2). The payment defined in the 1st clause of the current Article is not paid in the following cases: (a) response to oral inquiries; (b) for up to 10 pages of printed or copied information; (c) for information via e-mail (internet); (d) responding the written information inquiries mentioned in the 2nd clause of the Article 7; (e) providing information about the changes of the deadline in the cases foreseen by the 7c sub clause and 10th clause of the Article 9; (f) declining the information request. (3) The organizations of public importance decide themselves the cost to be paid for information, which can not exceed the costs of providing that information. (4) Body or organization that has provided untruthful or incomplete information shall provide corrected information free of charge, as defined by this law, upon the written inquiry of the receiving party. 2015 regulation | |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 6(3) Freedom of information can be limited in cases foreseen by the Republic of Armenia Constitution and the Law. 8(1) Information holder, with the exception of cases defined in the 3rd clause of the proceeding Article, refuses to provide information if: (a) contains state, official, bank or trade secret; (b) infringes the privacy of a person and his family, including the privacy of correspondence, telephone conversations, post, telegraph and other transmissions; (c) contains pre-investigation data not subject to publicity; (d) discloses data that require accessibility limitation, conditioned by professional activity (medical, notary, attorney secrets). (e) infringes copy right and associated rights. | 6(3) limits secrecy to the grounds set out in the RTI law; however, 8(1) refers to general categories of secrets - such as 'state secrets' and 'official secrets' - which are essentially defined by other laws |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 8(1) Information holder, with the exception of cases defined in the 3rd clause of the proceeding Article, refuses to provide information if: (a) contains state, official, bank or trade secret; (b) infringes the privacy of a person and his family, including the privacy of correspondence, telephone conversations, post, telegraph and other transmissions; (c) contains pre-investigation data not subject to publicity; (d) discloses data that require accessibility limitation, conditioned by professional activity (medical, notary, attorney secrets); (e) infringes copy right and associated rights. | State secrets, official secrets, pre-investigation data not subject to publicity and copyright which is not limited to private copyright |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 3 | 8(1) Information holder, with the exception of cases defined in the 3rd clause of the proceeding Article, refuses to provide information if: (d) discloses data that require accessibility limitation, conditioned by professional activity (medical, notary, attorney secrets). | Based on professional status rather than a specific harm |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 8(3) Information request can not be declined, if: (a) it concerns urgent cases threatening public security and health, as well as natural disasters (including officially forecasted ones) and their aftermaths; (b) it presents the overall economic situation of the Republic of Armenia, as well as the real situation in the spheres of nature and environment protection, health, education, agriculture, trade and culture; (c) if the decline of the information request will have a negative influence on the implementation of state programs of the Republic of Armenia directed to socio-economic, scientific, spiritual and cultural development. | A number of specific public interests are listed but it does not have a general override |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 8(2) If a part of the information required contains data, the disclosure of which is subject to denial, than information is provided concerning the other part. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 11(3) In case of declining a written information request, information holder inform the applicant about it within 5 days in a written form, by mentioning the ground for the refusal (relevant norm of the law), time frame within which the decision of refusal was made, as well as the relevant appealing procedure. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 11(4) The decision not to provide information can be appealed either in the state government body defined by Legislation or in the court. HRD Law Article 2(1) The Defender is an independent official who observes the maintenance of human rights and freedoms by public and local self-government bodies and officials, and in cases prescribed by this law also by organisations, facilitates the restoration of violated rights and freedoms, improvement of normative legal acts related to rights and freedoms. HRD Law Article 5(1) In the course of exercising his or her powers, the Defender shall be independent, be guided only by the Constitution of the Republic of Armenia, this Law and international treaties of the Republic of Armenia. HRD Law Article 16(1) Every natural and legal person shall have the right to apply to the Defender if his or her rights and freedoms are violated by state and local self-government bodies and officials, as well as by organisations in cases prescribed by this Law. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | HRD Law Article 12 1. Everyone having attained the age of 25, enjoying high authority within the public, having higher education, having been a citizen of solely the Republic of Armenia for the preceding four years, permanently residing in the Republic of Armenia for the preceding four years, and having the right of suffrage, as well as having command of the Armenian language may be elected to the office of the Defender. 2. The Defender shall be elected by the National Assembly of the Republic of Armenia, upon recommendation of the competent standing committee of the National Assembly of the Republic of Armenia, by at least three fifths of votes of the total number of the members of the Parliament, for a term of six years. HRD Law Article 13(1) The powers of the Defender shall terminate upon expiry of the term of his or her office, in cases of loss of citizenship of the Republic of Armenia or acquisition of a citizenship of another state, when a criminal judgment of conviction rendered against him or her becomes final, a judgment on declaring him or her as having no active legal capacity, as missing or dead becomes final, in case of his or her death or resignation. | |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | HRD Law Article 8 1. Appropriate funding shall be ensured at the expense of the funds of the State Budget for smooth operation of the Defender and the Staff thereto. 2. The budget of the Defender and the Staff thereto shall constitute a part of the State Budget, which is funded in a separate line. The activities of the Defender as the National Preventive Mechanism shall also be specifically funded from the same budget line. 3. The Defender shall — as prescribed by the legislation and within the deadline prescribed by the Law of the Republic of Armenia "On the Budgetary System of the Republic of Armenia" — submit the budget request (estimate) for the activities of the Defender and the Staff thereto for the upcoming year to the authorised state body to be included in the draft State Budget. 4. Where the budget request (estimate) of the Defender and the Staff thereto for the upcoming year is approved by the Government, it shall be included in the draft State Budget, and if there is an objection it shall be submitted to the National Assembly of the Republic of Armenia along with the draft State Budget. The Government shall present to the National Assembly and the Defender the justification for the objection on the budget funding. 5. The amount of allocation for funding provided from the state budget to the Defender and the Staff thereto as well as to the Defender as the National Preventative Mechanism cannot be less than the amount provided the year before. The funding from the state budget is implemented in equal monthly instalments in the form of pre-payment for every month. 6. The Defender shall participate in the hearings at the National Assembly on the draft Law of the Republic of Armenia «On State Budget» in part related to funding of activities of the Defender and the Staff thereto, as well as the Defender as the National Preventative Mechanism. HRD Law Article 31(1) During the first quarter of each year, the Defender shall present to the National Assembly of the Republic of Armenia the annual communication on the activities thereof during the previous year, as well as on the state of protection of human rights and freedoms. The procedure and the deadlines for presenting the annual communication by the Defender to the National Assembly of the Republic of Armenia shall be prescribed by the Constitutional Law "Rules of Procedure of the National Assembly". | |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | HRD Law Article 24(1) In the course of examination or consideration of a complaint, the Defender shall, within the scope of his or her powers, be authorised to: (1) visit, in an unimpeded manner, any state or local self-government body or organisation, including military units, as well as places of deprivation of liberty; (2) request and receive from any state or local self-government body or an official thereof necessary materials, documents, information or clarifications relating to the complaint or to the issue being considered upon own initiative, as well as assistance during visits made to those institutions; (3) receive from the competent state or local self-government body or an official thereof, except for courts and judges, clarifications concerning issues arising in the course of consideration; (4) visit, in an unimpeded manner, the organisations referred to in Article 15 of this Law in the course of considerations initiated in cases of alleged violation of human rights and freedoms by these organisations, request and receive from competent bodies representing these organisations the necessary information, clarifications, materials and documents relating to the complaint or the issue. 3. Information containing state or other secret guarded by law may be made available, as prescribed by law, for familiarisation by the Defender or the person specifically authorised thereby for that purpose. | 'may' be given classified information; doesn't seem to have the power to order witnesses to appear |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | HRD Law Article 26(1) As a result of consideration of a complaint or consideration initiated upon own initiative, the Defender shall render one of the following decisions: 1) on existence of a violation of human rights or freedoms, where violation of human rights or freedoms by a state or local self-government body, an official thereof or an organisation has been revealed in the course of consideration of the complaint; 2) on absence of a violation of human rights or freedoms, where no violation of human rights and freedoms by a state or local self-government body or an official thereof or an organisation has been revealed in the course of consideration of the complaint; (2) In case of rendering the decision referred to in point 1 of paragraph 1 of this Article, the Defender shall suggest the state or local self-government body or the official thereof or the organisation, having committed the violation, to eliminate the violation within a reasonable time, indicating the necessary measures for restoration of the human rights and freedoms. | Only recommendations |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | HRD Law Article 26(2) In case of rendering the decision referred to in point 1 of paragraph 1 of this Article, the Defender shall suggest the state or local self-government body or the official thereof or the organisation, having committed the violation, to eliminate the violation within a reasonable time, indicating the necessary measures for restoration of the human rights and freedoms. | Powers of recommendation seem broad |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 11(4) The decision not to provide information can be appealed either in the state government body defined by Legislation or in the court. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | HRD Law Article 17(3) No state duty shall be charged for the complaints being lodged with the Defender. | Free and no need for legal implicit in the nature of the Defender |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | Article 11(4) The decision not to provide information can be appealed either in the state government body defined by Legislation or in the court. HRD Law Article 16(1) Every natural and legal person shall have the right to apply to the Defender if his or her rights and freedoms are violated by state and local self-government bodies and officials, as well as by organisations in cases prescribed by this Law. | The RTI Law only refers to cases of a decision not to provide information but the HRD Law is much wider. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | HRD Law Article 17 1. A complaint must be lodged with the Defender within a year following the day when the applicant has learnt or should have learnt about the alleged violation of his or her rights and freedoms. 2. The complaint shall be lodged in writing or orally. 3. No state duty shall be charged for the complaints being lodged with the Defender. 4. The complaint must be signed, include the surname, name, place of residence (address) of the person lodging a complaint or the name, location of the legal person and contact information. No other specific form is prescribed for the complaint. 5. The procedure for lodging an online complaint shall be approved by the Defender. HRD Law Article 25(1) When examining or considering a complaint, as well as carrying out consideration upon own initiative, the Defender shall be obliged to provide the state or local self-government body, organisation or the official or representative thereof, whose decision or action (inaction) is being appealed, with an opportunity to furnish clarifications on the complaints and results of the examinations conducted, as well as substantiate their positions. | |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 14(1) For illegal refusal to provide information, or for the incomplete information disposal, as well as for other infringements of the information freedom defined by this Law, the official persons responsible for information freedom are held responsible according to the Law. Article 26(5) of HRD Law In the case referred to in point 1 of paragraph 1 of this Article, where there are grounds provided for by law or another legal act, the Defender may recommend the competent state or local self- government body to subject to liability the official upon whose decision or action (inaction) the human rights and freedoms have been violated. In addition to the fact of subjecting to liability, the Defender may propose a type of disciplinary measure. Competent state or local self-government body or public officials shall be obliged to consider recommendations of the Defender and within deadline prescribed by paragraph 4 of Article 26 of this law to inform the Defender. In case a type of disciplinary measure proposed by the Defender is not applied or in case of not subjecting the person to disciplinary responsibility the competent public official shall be obliged to provide respective justification. In case of revealing violation of human rights and freedoms by an organisation, where there are grounds provided for by law or another legal act, the Defender shall apply to competent administrative bodies with a relevant recommendation to subject to liability. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | Article 189, Section 7 of the Code of Administrative Violations. | Only remedial actions |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | Partially | 1 | 14(2) In the cases foreseen by the 3rd clause of the Article 8 of the following law, the disclosure of information can not cause administrative or criminal responsibility. | Only limited protection when using the public interest override |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | 2017 Whistleblower Law | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 12 As defined by the law, information holders are responsible to: (e) appoint an official responsible for information freedom. 13(1) Official person responsible for information freedom can be the head of the information holder or an official appointed by it. (2) Person responsible for the Freedom of information according to the law: (a) ensures that the responsibilities of the information holder in the field of FOI are exercised; (b) explains thoroughly the procedures, conditions and forms of providing information to the person seeking information; (c) elaborates the statistical and complete data of inquiries received. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | Partially | 1 | 7(1) Information holder works out and publicizes the procedures according to which information is provided on its part, as defined by legislation, which he places in his office space, conspicuous for everyone. (2) Information holder urgently publicizes or via other accessible means informs the public about the information that he has, the publication of which can prevent dangers facing state and public security, public order, public health and morals, others’ rights and freedoms, environment, person’s property. | Public bodies have some obligations here. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 4 Main principles of securing information freedom are: (a) definition of unified procedures to record, classify and maintain information. 5 The recording, classification and maintenance of elaborated or delivered data on the part of the information holder is implemented as defined by the Government of the Republic of Armenia. | Not a full system for this |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | 7(3) If it is not otherwise foreseen by the Constitution and/or the Law, information holder at least once a year publicize the following information related to his activity and or changes to it: (j) list of held (maintained) information and the procedures of providing it. | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | YES | 2 | RA Civil Service Council N-427-A, adopted on 28 October, 2010. | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 7(3) If it is not otherwise foreseen by the Constitution and/or the Law, information holder at least once a year publicize the following information related to his activity and or changes to it: (j1) statistical and complete data on inquiries received, including grounds for refusal to provide information; 13(2) Person responsible for the Freedom of information according to the law: (c) elaborates the statistical and complete data of inquiries received. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
