September 10, 2009, Review Board of the Court of Astana city held hearings of a complaint for review submitted by the Ecological Society “Green Salvation”, Kazakhstan International Bureau for Human Rights and Rule of Law, and Public Association “Shanyrak”. The lawsuit was mounted to protect interests of the citizens of Berezovka village (West-Kazakhstan oblast).
In their complaint for review, the claimants demanded: “To cancel the decision of a judge of the Specialized Interregional Economic Court of Astana City Imankulov E.S. dated on April 30, 2009, the verdict of the Appellate Board of the court of Astana city dated on June 10, 2009, in the part of admitting the Government and Ministry’s inactivity, as being illegitimate and send the case to the court for consideration by another judge.”
The claimants intend to appeal the verdict of the Review Board of the Court of Astana city.
The lawsuit procedures last for more than a year already. It started on June 19, 2008, when together with Kazakhstan International Bureau for Human Rights and Rule of Law and Public Association “Shanyrak”, a lawsuit was mounted in the Specialized Interregional Economic Court of Astana City.
Demands under the lawsuit:
1. Declare the lack of measures from the side of the Government protecting the rights and freedoms of the citizens, providing lawfulness and security of the residents of Berezovka village who are forced to live in a Sanitary Protection Zone (SPZ), to be inactivity which caused violation of the rights of the citizens for favorable environment.
2. Declare the lack of control of the government over activities of ministries and other central and local authorities in the aspect of performance of laws and international treaty, to be inactivity.
3. Declare the failure of the government to perform its responsibilities which caused violation of the Aarhus Convention provisions (articles 3.2, 3.3, 3.9, 4 and 6) and the Law “On Environmental Assessment” of 1997 (articles 13, 14, 15.1, 16, and 36) when making a decision about reduction of SPZ – to be inactivity.
4. Declare conclusion of the Senior Sanitary Doctor # 07-2 dated on January 16, 2004 on the Amendment to the project “Sanitary Protection Zone of the Karachaganak oil and gas condensate deposit” dated on December 25, 2003, to be invalid.
5. Before the end of the year 2008, force the government, in accordance with the legislation, to make a decision on relocation of the residents of Berezovka village to a secure and favorable environment and provide them with an adequate housing with consideration of their opinion.
6. Force the government to solve the issue on reimbursement of material and moral damage brought to the residents of Berezovka village.