LEGAL PROCEEDINGS
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Summary of Lawsuits in 2007
by the Ecological Society Green Salvation*




No. 1
Lawsuit on Refusal to Provide Environmental Information by
the Statistics Department of Western Kazakhstan Oblast.**

The lawsuit was filed in the interests of citizens on February 14, 2007 in the Court of the City of Uralsk, and then in the Specialized Inter-regional Economic Court of Western Kazakhstan Oblast (SIEC WKO).

The lawsuit demands:

1. To recognize the actions of the defendant— A. Khamzin, the Head of the Statistics Department of Western Kazakhstan Oblast, who refused to provide the Ecological Society Green Salvation with requested information regarding emissions of polluted matter into the atmosphere by the enterprise “Karachaganak Petroleum Operating, B.V.”—in violation of the rights and legal interests of a natural entity.

2. To require A. Khamzin to provide the Ecological Society Green Salvation with the requested information on emissions of polluted matter into the atmosphere by the enterprise “Karachaganak Petroleum Operating, B.V.”.

3. To submit a court ruling to the Statistics Agency of the Republic of Kazakhstan on the lack of compliance with the laws of the Republic of Kazakhstan on the part of A. Khamzin, the Head of the Statistics Department of Western Kazakhstan Oblast.

On May 7, the SIEC WKO refused to satisfy the lawsuit demands.
On June 12, the Board of Appeals for Civic Affairs of the Western Kazakhstan Oblast Court retained the decision of the SIEC WKO without changes, and the appellate complaint without satisfaction.
The Review Board of the Western Kazakhstan Oblast Court refused to file a complaint for review.
In December, a complaint for review was filed with the Supreme Court’s Review Board on Civic Affairs.



No. 2
Lawsuit on Refusal to Provide Environmental Information by
the Statistics Department of Karaganda Oblast.

The lawsuit was filed on April 3, 2007 in the Specialized Inter-regional Economic Court of the city of Karaganda; and then filed on June 4 in the Court of the Kazybek bi District of Karaganda city.

The lawsuit demands:

1. To recognize the actions of the defendant—L.V. Kolesova, the Head of the Statistics Department of Karaganda Oblast, who refused to provide the Ecological Society Green Salvation with requested information regarding emissions of polluted matter into the atmosphere by “Mittal Steel Temirtau”—in violation of the rights and interests of a legal entity.

2. To require L.V. Kolesova to provide the Ecological Society Green Salvation with the requested information.

3. To submit a special determination to the Statistics Agency of the Republic of Kazakhstan on the lack of compliance with the laws of the Republic of Kazakhstan on the part of L.V. Kolesova, the Head of the Statistics Department of Karaganda Oblast.

4. To extract payment from L.V. Kolesova for legal expenses.

On July 23, the Court of the Kazybek bi District of Karaganda city refused to satisfy the lawsuit demands.
The decision was not appealed via an appeals procedure.
On October 15, the Review Board of the Karaganda Oblast Court refused to file a complaint for review.
On December 6, the Supreme Court’s Review Board on Civic Affairs refused to file a complaint for review.



No. 3
Lawsuit on Refusal to Provide Environmental Information by
the Akimat of Almaty City regarding Construction in the “Medeu” Hollow.

The lawsuit was filed on May 16, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty.

The lawsuit demands:

1. To recognize the actions of the defendant—the Akimat of the city of Almaty, who refused to provide the Ecological Society Green Salvation with requested information—in violation of the rights and interests of a legal entity, i.e. to declare the actions as an omission.

2. To require the Akimat of the city of Almaty to provide the Ecological Society Green Salvation with information regarding the construction of a new aerial cable tramline to carry vacationers from “Medeu” to the “Shymbulak” mountain ski resort.

3. To submit a special determination to the President of the Republic of Kazakhstan on the lack of compliance with the laws of the Republic of Kazakhstan on the part of the Akimat of the city of Almaty.

4. To extract payment from the Akimat of Almaty city for legal expenses.

On June 6, the defendant provided the information during a court meeting. The judge issued a determination not to review the lawsuit statement.



No. 4
Lawsuit on Refusal to Provide Environmental Information by “Tsentrbeton Ltd”.

The lawsuit was filed together with local residents and in their interests on August 2, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty; and then filed on September 24 in Zhetysuisk District Court No. 1 of the city of Almaty.

The lawsuit demands:

1. To recognize the actions of the defendant—M.K. Nurimov, the Director of “Tsentrbeton Ltd.”, who refused to provide citizen L.A. Gatina with requested information—in violation of the rights and interests of a citizen, i.e. to declare the actions as an omission.

2. To require M.K. Nurimov, the Director of “Tsentrbeton Ltd.”, to provide report data on industrial environmental control for the first quarter of the year, and data on emissions monitoring and monitoring of the impact of “Tsentrbeton” on the health of the population.

On December 10, Zhetysuisk District Court No. 1 of Almaty city issued a verdict in absentia regarding the satisfaction of the lawsuit.
The verdict entered into court in absentia.
The court’s verdict will not be executed until January 31, 2008.



No. 5
Lawsuit on Refusal to Provide Environmental Information by
the Subsidiary State Enterprise “AlmatygorNPTSzem”.

The lawsuit was filed in the interests of local residents on September 24, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty.

The lawsuit demands:

1. To recognize the actions of the defendant—E.S. Kurmashev, the Director of “AlmatygorNPTSzem”, who refused to provide the Ecological Society Green Salvation with a copy of the state act on the right to private ownership of the A. Birtanov land plot, which was allocated as water conservation zone, as well as information on its registration in the “Center for Real Estate of Almaty City”—as an omission.

2. To require the E.S. Kurmashev to provide the Ecological Society Green Salvation with a copy of the state act on the A. Birtanov land plot, and information on its registration with the “Center for Real Estate of Almaty City”.

3. To submit a court ruling to I. Tasmagambetov, the Akim of Almaty City on the lack of compliance with the laws of the Republic of Kazakhstan on the part of E.S. Kurmashev, Director of “AlmatygorNPTSzem”.

On November 23, the Court refused to satisfy the lawsuit demands.
The verdict was received on January 31, 2008.
On February 5, 2008, an oversight complaint was submitted to the Review Board of the Almaty City Court.



No. 6
Lawsuit on Refusal to Provide Environmental Information by the Akimat of the City of Almaty
regarding Plans for Construction in the Kokzhailau Hollow.

The lawsuit was filed on October 22, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty.

The lawsuit demands:

1. To recognize the actions of the defendant—the Akimat of the city of Almaty, who failed to provide information on the planned construction of the “Kokzhailau” mountain ski resort, the duration of the project’s development and the execution of the project—as an omission.

2. To require the Akimat of the city of Almaty to provide the Ecological Society Green Salvation with the aforementioned information.

3. To extract payment from the Akimat of Almaty city for legal expenses.

On November 14, the SIEC issued a verdict in absentia regarding the satisfaction of the lawsuit.
The verdict entered into court in absentia.
Until January 31, 2008, the court’s verdict will be partially executed, in connection with which the Ecological Society Green Salvation sent a new inquiry to the Akimat.



No. 7
Lawsuit on Omissions by State Bodies that have Led to
the Origin of an Unsanctioned Dumping Ground.

The lawsuit was filed on May 16, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty.

The lawsuit demands:

1. To recognize the failure on the part of the defendants—the Akimat of the city of Almaty, and the Almaty City Territorial Department on Environmental Protection—to exercise control over the actions of “Chimbulak” to liquidate the unsanctioned dumping ground, as a result of which the dumping ground is damaging the environmental system of a Specially Protected Natural Territory, which should be recognized as a violation of the law or an omission.

2. To require “Chimbulak” to pay for the damage caused to the surrounding natural environment by recultivating the territory on which the unsanctioned dumping ground is situated.

3. To require the Akimat of the city Almaty and the Almaty City Territorial Administration for Environmental Protection to exercise control for the liquidation of the unsanctioned dumping ground in the area of the “Chimbulak” mountain ski resort.

4. To submit a court ruling to the President of the Republic of Kazakhstan on the inactivity of the Akimat of the city of Almaty; and to the Ministry of Environmental Protection on the inactivity of the Almaty City Territorial Department on Environmental Protection.

5. To extract payment from the Akimat of Almaty city for legal expenses.

On September 10, the Court issued a verdict on the satisfaction of the lawsuit.
The verdict entered into legal force.
The court’s verdict will not be executed until January 31, 2008.
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*  Lawyer Svetlana Philippovna Katorcha defends the rights and legal interests of the Ecological Society Green Salvation in court.

**  The lawsuit on the refusal of the Statistics Department of Western Kazakhstan Oblast to provide environmental information is represented in court by Pavel Mikhailovich Kochetkov, Director of the Western Kazakhstan Branch of Kazakhstan International Bureau for Human Rights and Rule of Law.



Translated by Michelle Kinman.
         



See also Green Salvation Heralds devoted to accomplishing the organization’s primary mission: defending the right of Kazakhstan’s citizens to a healthy environment.