The Ministry of Defense built its objections by a distortion of facts.
Peace Dialogue NGO received a letter from the Ministry of Defense in response to its appeal to the RA Administrative Court of Appeal. The response presents the objections of the RA Ministry of Defense.
In a response to the administrative appeal submitted to the RA Administrative Court of Appeal by Peace Dialogue, the defendant (MoD) of the administrative case 5357/05/15 built its objections by distorting the facts. In particular, the defendant based their claims on the fact that allegedly Peace Dialogue NGO had not applied to the RA Ministry of Defense requesting the documents that serve as the basis for the contested order neither before submitting a complaint to the court nor after applying for it.
But in reality, before submitting an appeal to the Administrative Court on August 19, 2015 the organization applied to the Minister of Defense, Seyran Ohanyan, requesting to be provided with:
- The copies of the documents that serve the basis for the executive order number 9 of the Minister of Defense.
- The copies of the documents that served the basis for compiling the list of information regarding the Ministry of Defense that is subject for encryption.
The RA Ministry of Defense sent a response letter on September 25, 2015 refusing to provide these documents and arguing that the documents are confidential, and are not subject to review.
In addition to this request, Peace Dialogue NGO in its administrative appeal requested the defendant to provide the grounds for the executive order; however the Court rejected the request.
According to the lawyers of Peace Dialogue NGO, A. Sukiasyan and M. Shoushanyan, the conclusions of the administrative court would have been justified if the Administrative Court handled the case based on the documents that serve the basis for the executive order number 9 of the RA Minister of Defense and if those documents contained information about the threat to the political and military situation of the country mentioned by the Court.
Attached are the copies of the Peace Dialogue NGO’s appeal and the response of the RA Ministry of Defense.
Posted 08 June, 2016
