IDFI has successfully completed another strategic litigation case.
LEPL National Archive of Georgia was once again directed to disclose the information requested by IDFI in June 2018, namely: the number of applicants refused to access archival documents and relevant legal bases of the refusals. Earlier, Tbilisi City Court directed the National Archive to disclose the information. The National Archive refused to follow the court order and appealed the decision. The Court of Appeals found the appeal of the National Archive unsubstantiated and denied it.
In the decision of April 4, 2019, the Tbilisi City Court fully granted the appeal of the Institute for Development of Freedom of Information (IDFI) against the National Archives of Georgia – LEPL of the Ministry of Justice of Georgia. The court ordered the respondent party to disclose information on the number of applications received with the request of accessing archival documents and relevant decisions taken. The National Archives of Georgia was directed to disclose the information even though they did not process the statistical data requested by IDFI.
Access to court decisions in Georgia significantly deteriorated from October 2015. The balance between personal data protection and access to public information was disrupted as unconditional priority was given to personal data protection.IDFI found that existing regulation on access to court decisions violated the Constitution of Georgia and filed an appeal at the Constitutional Court of Georgia. On June 7, 2019, the Constitutional Court of Georgia granted the appeal of IDFI.
On February 27, 2019, High Council of Justice (HCoJ) granted the appeal of Institute for Development of Freedom of Information (IDFI) to abolish its administrative act and obligate the person responsible for public information to provide requested information to IDFI.
The Supreme Court of Georgia granted the appeal of IDFI and ruled that official email correspondence sent or received by official email constitutes open public information and should be accessible to anyone interested.
The Court stated that information about inspection and documents regarding inspection of the free industrial zones by the Revenue Service does not represent the tax secret; consequently, the Revenue Service is obliged to fully release the information.
The Supreme Court of Georgia declared the appeal of the Ministry of Economy and Sustainable Development (MOESD) against the Institute for Development of Freedom of Information (IDFI) inadmissible.
Tbilisi Court of Appeals fully satisfied IDFI’s appeal against the Ministry of Economy and Sustainable Development of Georgia. Namely, IDF requested the Ministry to disclose the detailed information on administrative expenses.
On the following link please find the summary of the case IDFI vs MIA. The article reviews decisions of Tbilisi City Court, Tbilisi Court of Appeals and the Supreme Court of Georgia. All three instances of court held MIA responsible for disclosing information on salary supplements and bonuses received by high-ranking officials.