On May 31, the Supreme Court considered and satisfied in full the cassation appeal of the Green Salvation Ecological Society.
This story began on September 20, 2021, when the Ecological Society applied to the Akimat of the city of Almaty (hereafter—Akimat) with a request to take measures to establish a buffer zone of the Ile-Alatau National Park.
According to subparagraph 11 of paragraph 2 of Article 10 of the Law of the Republic of Kazakhstan “On Specially Protected Natural Territories”: “Local executive bodies of regions, cities of republican significance, the capital within their competence: make decisions on the establishment of protected zones of specially protected natural territories of all types with restriction within these zones of activities that adversely affect the state of the ecological systems of these territories, ecological corridors, as well as the regime for their protection and use.” The law was passed in 2006, but for 15 years, the Akimat ignored its demand. The Ecological Society asked the Akimat to report on what measures it plans to take to organize the park’s buffer zone.
The Akimat forwarded our letter to the Green Economy Department of Almaty. It, in turn, sent him even further—to the administration of the Ile-Alatau National Park. And the appeal of the Ecological Society has sunk into oblivion.
On October 28, the Ecological Society writes a letter to the Akimat again, pointing out violations of the public’s rights to access environmental information. The result is the same: Akimat —Green Economy Department—National Park Administration—no answer.
On December 6, 2021, the Ecological Society filed a claim with the Specialized Interdistrict Administrative Court of Almaty (hereafter—SMAS) in defence of the interests of an indefinite number of persons.
Offense.
The Akimat violated the right of the Ecological Society to receive timely, complete and reliable environmental information, enshrined in subparagraph 7 of paragraph 1 of article 14 of the Environmental Code and articles 1 and 4 of the Aarhus Convention.
Requirements.
- Recognize the fact that the Akimat of the city of Almaty did not fulfil its obligations to establish the buffer zone of the Ile-Alatau National Park as inaction.
- Recognize the failure of the Akimat to provide the Ecological Society with the requested complete and reliable environmental information, and all information related to the decision-making process to establish the buffer zone of the Ile-Alatau National Park as inaction.
- Assign to the Akimat the duty to establish a buffer zone of the national park.
- Assign to the Akimat the obligation to provide the Ecological Society with complete and reliable environmental information.
In January-February 2022, several court hearings of the CMAS of the city of Almaty were held. At the request of the representative of the Akimat, the following persons were involved as interested parties: the Committee for Forestry and Wildlife, the Green Economy Department of the city of Almaty, the Ile-Alatau National Park. Consideration of the case in connection with the involvement of third parties was delayed.
Only on April 15, the court made a decision: the claim of the Ecological Society “satisfy in part.” Recognize non-provision of information by the Akimat as an “illegal act.” Akimat to “consider providing” the available information. And not a word about the violation of the Ecological Society’s rights to access environmental information!
Regarding the failure of the Akimat to fulfil the obligation to establish a buffer zone, the court found the following: “The plaintiff’s arguments that … by the decision of the Specialized Interdistrict Economic Court of the city of Almaty dated September 28, 2016 in a civil case on the suit of the Ecological Society against the Akimat of the city of Almaty, the obligation to make a decision on the establishment of buffer zones was established by the court is not denied. Indeed, the decision of the court established the duty of the Akimat, but, however, the sequence of actions was not established.” However, it is not the function of the court to determine the sequence of actions. The Akimat and the Committee Forestry and Wildlife should do this.
The prosecutor supported the demand of the Ecological Society to recognize the Akimat’s failure to fulfil the obligation to establish a buffer zone. He stressed that 15 years is more than enough time to solve the problem, and the public disputes precisely the inaction of the Akimat, and no other state bodies. He also supported the requirement to recognize the failure to provide information to the Ecological Society as inaction.
Disagreeing with the decision of the CMAS, on May 19, the Ecological Society filed an appeal with the Almaty City Court. On September 7, the court dismissed the appeal.
On October 12, 2022, the Ecological Society “Green Salvation” sent a cassation complaint to the Supreme Court.
Requirements.
- Cancel the decision of the Specialized Interdistrict Administrative Court of Almaty city dated April 15, 2022.
- Issue a new decision on recognition of the Akimat’s failure to fulfil its obligations to establish a buffer zone of the Ile-Alatau National Park as inaction.
Assign to the Akimat the obligation to establish a buffer zone of the Ile-Alatau National Park by adopting a resolution.
- Oblige the Akimat to provide the Ecological Society with the requested complete and reliable environmental information on the establishment of the Ile-Alatau National Park buffer zone.
On May 31, 2023, the Supreme Court considered and satisfied in full the cassation appeal of the Ecological Society “Green Salvation,” cancelling all judicial acts of lower courts issued in this case.
After the announcement of the decision of the Supreme Court, one of the judges, explaining it, emphasized that the territory of the Ile-Alatau National Park is of international importance, and the Akimat should pay the most serious attention to ensuring its safety.
© Ecological Society “Green Salvation”, 2023.