Feature story - 22 June, 2010
Moscow, Russian Federation – The Supreme Court didn’t listen to the arguments of Greenpeace and Mr. Margulev in the case of the Baikal Pulp and Paper Meal and sided with the contaminator of the lake.
Baikalsk Pulp and Paper Mill (BPPM)
The court didn't take into account the evidences that the scandalous decision to open the BPPP not only violates Russian law, but also Russia's international obligations under the Convention on the Protection of World Cultural and Natural Heritage.
The court ignored the fact that the decision was not approved by Ministry of Justice. But the court opinion says that in preparing the regulations the requirements of the laws "On protection of Lake Baikal", "On environmental protection" must be taken into account. The violations of the statements are precisely stated in the lawsuit filed by Greenpeace and A. Margulev.
The officials of Ministry of Environment and Minpromtorg, representing the government in court, tried to prove that the decree № 1 dated 13 January 2010 by itself does not lead to pollution of Lake Baikal. To start working the Baikal Pulp and Paper Meal need to get special permission. However, they admitted that the purpose of the decree was precisely to facilitate launching of the BPPM. Greenpeace posed a question if the permission could be given without the decree and the officials answered that it was impossible. Thus, the officials confirmed the rightness of ecologists, indicating that decree was a must to run the BPPM.
Mr. Margulev stumped the representatives of the Government with a simple question concerning changing the position of Ministry of Environment. In 2008, the Minister Yuri Trutnev unequivocally stated that the reopening of the plant was absolutely intolerable, and now Ministry of Environment without debates agreed on a resolution authorizing the plant dumping toxic effluents into the lake. Mr. Margulev asked the reason but the officials didn't answer. But the judge Zaitsev refused the Margulev's proposal to summon Yuri Trutnev and clarify the situation.
As a result, a two-day meeting of the Supreme Court took the expected and obviously predictable solution that is to dismiss the complaint.
"It proves once again that when it comes to the interests of senior officials and oligarchs, the independence and impartiality of the judiciary is out - said Mikhail Kreindlin, the representative of Greenpeace in court, - Of course we will appeal this decision. We hope that the cassation of the Supreme Court will objectively evaluate the arguments of both sides. If not, the case of Lake Baikal will go to Strasbourg that will lead to the international scandal. Neither environmentalists nor the Russian authorities need it.
For more information contact
(495)988-74-60 Mikhail Kreindlin, Roman Vazhenkov, Evgeny Usov
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