While public authorities continue judicial campaign against media, media rarely applies to court for restoration of its violated rights.  

The right of journalists to seek and impart information is violated more frequently. RA Law on Freedom of Information which is in force since 2003, defines that in case of oral inquiry the answer is given immediately after listening to the inquiry or within the shortest possible time frame. The answer to written inquiry is given within 5 days.  If additional work is needed to provide the information required, then the information is given to the applicant within 30 days after the application is filed, about which, however, 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.

Hardly there can be found a journalist who's right to seek information has not been violated ever. However, their majority finds solutions by other means than the court.

"I think that daily workload of the media representatives is the reason why they disregard infringement of their rights and try to find instant solutions. Lack of financial means and unwillingness to get involved in judicial muddles are among the reasons", says Ashot Meliqyan, President of the Committee for Protection of the Freedom of Speech. Mr. Meliqyan recommends addressing the media organizations and giving them the burden of protection of their rights.  

Since 2011 up till now no journalist has applied to the court for violation of the freedom of information.  Currently a claim of investigative journalist Eranuhi Soghoyan is under the examination. She had submitted a questionnaire comprised of 8 questions to the Mayor of Gyumri Vardan Ghukasyan in 2010 and Vardan Ghukasyan answered the questions with 5 months delay and not fully. Journalist applied to the Administrative Court. Afterwards, she got a response where instead of the Mayor, his  Deputy Gagik Manukyan tried to justify reasons for not allocating required information.

Media and human rights NGOs bring claims against the public authorities, bodies and institutions for violation of the freedom of information more frequently.

 "We are striving to enrich judicial cases in order to prevent the public authorities from saying "we were not aware, that's why we broke the law", says President of the "Freedom of Information Center" NGO Shushan Doydoyan. Majority of the claims lodged by the FOI Center were satisfied and the public authorities were obliged to bring to the administrative responsibility those who violated the law.

Turmoil was around the case of journalist Grisha Balasanyan working for "Hetq". On February 2 he had called to MP Ruben Hayrapetyan's mobile to ask why Mr. Hayrapetyan claims for moral damages from the "Haykakan zhamanak"  (Armenian Times) daily. MP talked in a rude manner, called the journalist "illiterate" and switched off the phone. When Grisha Balasanyan called him the second time and Mr. Hayrapetyan was aware that the call is recorded, MP used swearings of sexual nature and at the end added that he is content with what he had done.

On the next day "Hetq" submitted a report about the crime to the RA Prosecutor General's Office and attached the record of the phone call. Special investigative service has not instituted a criminal case making the decision that lawful activities of the journalist were not hindered. Journalist of "Hetq"Grisha Balasanyan has lodged a civic suit with the Court of general jurisdiction of Avan and Nor Norq administrative districts and demanded from Ruben Hayrapetyan to bring his pardon, pay 1 million AMD as a moral damage and reimburse expenses for the defense lawyer.

There are also many cases when the activities of journalists are hindered by forbidding them to take photos, video recordings and implement coverage of certain events. Journalists talk about the problem on media but do not reach out the court.

On December 24, 2010, based on the video broadcasted by "Shant" TV company, RA Prosecutor Generals' Office has instituted the criminal case against the local district pastor of Sevan's "Consolidation of Christians of Gospel faith" Vladimir Baghdasaryan for hindering professional activities of the journalist. Film crew of "Shant" TV company went to Sevan to make a "coverage on the activities of sect organizations" (as mentioned in the criminal case) and had information that one of the local religious groups gather in the building of former cinema house of Sevan. The journalists were not allowed to conduct filming and were asked to leave the building. Despite the demand, journalists were able to conduct filming from the second floor of the building and were interfered by the leader of the religious organization.  According to the camera man of "Shant" TV company, V. Baghdasaryan pushed him and slapped on his face. 

Defense lawyer of V. Baghdasaryan Revasyan claims that journalists intruded upon Baghdasaryans' and two other persons' property, which is criminally punishable action.   However, their report about violation of the right of property was not considered and instead the Prosecutor's Office instituted a criminal case against Vladimir Baghdasaryan. Currently the case is under the proceeding of the Court of General Jurisdiction of Geharqunik District.

According to the data presented in the quarterly report published by the Committee for Protection of the Freedom of Speech "On the Situation with the Freedom of Speech and Violations of Rights of mass media and journalists in Armenia" there were recorded 4 cases of the violation of the right to seek and impart information and 15 cases of pressure on the media and media staff, out of which 10 relate to the judicial cases against media.

Mary Alexanyan

Source: www.hra.am