Lawsuit on the Government's Failure to Act: An Appeal Has Been Submitted (30.04.2009)

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   On April 30, 2009 the Specialized Interregional Economic Court (SIEC) of Astana City issues its decision regarding the lawsuit by Green Salvation, the Kazakhstan International Bureau on Human Rights, and the republican NGO “Shanyrak”. The suit was filed on behalf of the residents of the village of Berezovka (Western Kazakhstan Oblast).
    The plaintiffs’ demands were satisfied in part. The Court declared the conclusions of the Chief State Sanitary Doctor № 07-2 of Jan. 16, 2004 regarding the Dec. 25, 2003 amendments to the project “Sanitary-Protective Zone of the Karachaganak Oil and Gas Condensate Field”, to be illegal. This means that the previous regime for the sanitary-protective zone (five kilometers, rather than three) was reinstituted. The plaintiffs’ remaining demands were left unsatisfied.

The acknowledgement that the Chief State Sanitary Doctor’s conclusions were unlawful confirms the violation of the right of citizens to live in a healthy environment, as well as their right of access to information and participation in decision-making. These facts are also evident from the numerous documents that were submitted when the suit was filed.

In the course of hearings for the given case, numerous violations of procedural norms were permitted by the court.

On May 14, the plaintiffs submitted an appeal, requesting that the SIEC’s Board for Civil Affairs “overturn as illegal the decision of the Specialized Interregional Economic Court (SIEC) of Astana City on April 30, 2009, and send the case to be considered on the grounds of its legal requirements by another judge.”

For more details: HUMAN RIGHTS / An Oil Democracy, or the Story of Berezovka.