The procedure for providing information related to the activities of the Investigative Committee of the Republic of Armenia

 1.General provisions

1. This procedure defines the procedure for providing information related to the activities of the Investigative Committee of the Republic of Armenia (hereinafter referred to as the Committee) to natural persons and legal entities (hereinafter referred to as the person).

2. The relations not regulated by this procedure are regulated by the RA Law "On Freedom of Information", the decision of the Government of the Republic of Armenia No. 1204-N dated October 15, 2015 and other relevant legal acts.

3. Everyone has the right to receive information about the activities of the Committee and its officials.

4. The Committee manages

1) the information obtained within the framework of the criminal proceeding during the organization and conduction of the preliminary investigation in connection with the alleged crimes, reserved to its authority by the Criminal Procedure Code of the Republic of Armenia,

2) statistic data about the activity of the Committee,

3) information about the staff of the Committee,

4) information about the financial activity of the Committee,

5) other information about the activity of the Committee.

5. The Committee provides only the information processed by the Committee, received and formed in the prescribed manner (collected, systematized, as well as the information on which statistics are conducted).

2.  The procedure for submitting a request

6. The information is provided on the base of oral or written request addressed to the Committee.

7. Both natural persons and legal entities can send a request for information. The applicant is not obliged to substantiate the request.

8. The applicant’s name, surname, citizenship, place of residence, work or educational institution are indicated in the written request (in the case of a legal entity, its name, location) which must be signed.

9. The written request can be submitted online, including by using the sample of the written request form on the Committee's official website. An oral request can be submitted and answered if;

1) providing the required information can prevent threats to the state, public security, public order, public health and morals, the rights and freedoms of others, the environment, and the property of individuals,

2) it is necessary to verify the availability of relevant information at the disposal of the Committee,
3) it is necessary to clarify the procedure for consideration of written requests by the Committee.

10. The applicant with an oral request shall state his name and surname in advance. An oral request can be submitted and answered if:

1) providing the required information can prevent threats to the state, public security, public order, public health and morals, the rights and freedoms of others, the environment, and the property of individuals,

2) it is necessary to verify the availability of relevant information at the disposal of the Committee,

3) it is necessary to clarify the procedure for consideration of written requests by the Committee.

3. The procedure for providing information

11. The answer to the written request is given in the following terms:

1. if the information specified in the written request is not published, it is given to the applicant within five days after receiving the request,
2. if the information specified in the written request is published, within three days after receiving the request, the applicant is given the information about the means and date of the publication, and if it is published on the website, the link to the website,
3. if it is necessary to perform additional work to provide the information specified in the written request, this information is given to the applicant within 30 days after receiving the application, about which the applicant is informed in written form within five days after receiving the request, indicating the reasons for the delay and the deadline for providing the information.

12. The written request is answered with material carrier specified in the request, moreover the applicant can attach the material carrier in which he wants to receive the information.
If the material carrier is not specified, and it is impossible to find out in order to answer the given request within the time limits set by the Part 7 of the Article 9 of the Law of the Republic of Armenia "On Freedom of Information", the answer to the request is given in the most acceptable material carrier for the Committee.

13. The response to the request submitted by legal entity and natural persons carrying out news activities is agreed upon with the press secretary of the Chairman of the Committee.

14. The answer to the oral request is given orally, immediately after hearing the request or as soon as possible.

15. If the applicant does not provide his/her name and surname in the oral request or the oral request does not meet the requirements set forth in the point 10 of this procedure, the Committee may not respond to the oral request.

16. A written request will not be answered if:
1) the application does not contain all the data specified in the point 8 of this procedure,
2) it turns out that the applicant’s personal information is false,
3) within the last 6 months, the application was submitted for the second time by the same person and with the request to receive the same information, except for the cases of previously providing information containing unreliable or incomplete data.

17. The provision of information, except for the cases provided for in the point 19 of this procedure, is rejected if
1) it contains data of preliminary investigation that is not subject to publication,
2) it contains state, official, banking, commercial, secret,
3) contains confidential information, protected by law, due to professional activity (medical, notary, lawyer's secret), as well as confidential information protected by law not provided for by subparagraphs 1-3 of this point,
4) violates the privacy of a person's personal and family life, including the privacy of correspondence, telephone conversations, postal, telegraphic and other communications,
5)  in case the specified amount for the provision of information is not paid.

18. An oral request may not be answered, if at that moment it prevents the fulfillment of the main duties of the competent department or an official of the Committee, except for the information, the publication of which can prevent state and public security, public order, public health and morals, rights and freedoms of others, the danger to the environment, to the property of persons. In the cases provided for in this point, it is recommended to submit the request in written form.

19. The provision of information (in case of a written and oral request) cannot be refused if it concerns emergencies threatening the safety and health of citizens, as well as natural (including officially predicted) disasters and their consequences.

20. In case of refusal to provide the information requested by written request, the competent subdivision of the Committee shall notify the applicant in written form within five days, indicating the legal grounds for the refusal (the relevant article, part, point, sub-point, paragraph of the law or other legal act), as well as the appeal procedure.

21. If the Committee does not have the requested information, or its provision is outside the scope of its powers, within five days after receiving the request, the applicant is informed about this in written form, and if possible, the location of the owner of the information, who has the requested information, is also provided to him.

22. If the Committee does not have all the data related to the sought information, the applicant is given the part of the data it has, and if possible, the location of the owner of that information, who has the other data related to the sought information, is indicated in the response to the request.

23. If a part of the requested information contains data, the provision of which is subject to refusal, information is provided regarding the remaining part, indicating the legal grounds for non-provision (the relevant article, part, point, sub-point, paragraph of the law or other legal act).

24. The response to the request must be reliable, complete and contain valid answers to all the questions posed.

The cases, amount and procedure of payment for the provision of information exceeding ten printed or copied pages or on material carrier are defined by the Law of the Republic of Armenia "On Freedom of Information" and the Resolution of the Government of the Republic of Armenia No. 1204-N of October 15, 2015.

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Sample to request information

 The name of the body, organization
The name, last name of the official providing information

The full name of the applicant
/ Address of place of residence, work or study/

Request for information
 
Respectable Mr./Mrs. _______________

According to the Articles 42 and 51 of the RA Constitution and the Article 6 of RA Law “On Freedom of Information”, please provide me with information on ____________(narrate the necessary information as clearly as possible).

According to the Article 9 of RA Law “On Freedom of Information” the answer to written request for information is given to the applicant within 5 days after receiving the request, with the exception of cases when additional work is needed to provide the information required (within 30 days). Thus, please respond to my request for information in the manner and within the time limits established by law.

In case the information request is declined, please, inform in written form about the grounds of declination (Article 11) and in case of possibility also point out the information on the address of the state body or official whom I can address to get the information.

(I am ready to pay the expenses of the copies of the information).

Thank you in advance,
Name, last name, signature, date.

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Official in charge of ensuring freedom of information, press secretary of the Chairman of the RA Investigative Committee
Gor Marzpet Abrahamyan

Tel:+374 11 880170
e-mail: press@investigative.am