Case status: Inadmissible.
Follow-up: -
Topics: Clear, transparent and consistent framework; Access to justice.
Articles alleged: 3 (1); 9 (3).
Articles considered by the Committee: -
Articles, if any, found in non-compliance: -
Summary: The communication was submitted to the Compliance Committee on 10 May 2007 by the NGO Green Salvation (Kazakhstan), with regard to compliance by Kazakhstan with articles 3 (1) and 9 (3) of the Convention. The communication alleged that by failing to develop, in accordance with the requirements of the national legislation and in particular the Law on Environmental Assessment, a regulation setting out public participation procedures, the Party concerned was in non-compliance with article 3 (1) of the Convention. The communicants also alleged that the refusal by the courts to admit their appeals against the Government’s failure to act was not in compliance with the requirements of article 9 (3) of the Convention.
| Document | Status | Date received or posted by the secretariat | |
|---|---|---|---|
| Datasheet ACCC/C/2007/20 (Kazakhstan) | 19.12.2007 | ||
| Communication ACCC/C/2007/20 | In English | 08.05.2007 | |
| Communication ACCC/C/2007/20 (in Russian) | 08.05.2007 | ||
| Summary-facts of communication | Annex 14 (English) | 08.05.2007 | |
| District Lawsuit summary | Annex 1 | 08.05.2007 | |
| Annexes in English | English tranlsation of annexes | n/a | |
| Communication- Annex 1 - District Court Lawsuit of 12.11.2005 (in Russian) | Annex 1 | 08.05.2007 | |
| Communication- Annex 2 - District Court Decision of 15.11.2005 ( in Russian) | Annex 2 | 08.05.2007 | |
| Communication –Annex 3 - Appellate Court Decision on Jurisdiction of 01.12.2005 (in Russian) | Annex 3 | 08.05.2007 | |
| Communication – Annex 4 - City Court Decision of 15.12.2005 (in Russian) | Annex 4 | 08.05.2007 | |
| Communication – Annex 5 - Inter-district Court Decision of 14.01.2006 (in Russian) | Annex 5 | 08.05.2007 | |
| Communication –Annex 6 - Inter-district Court Chamber Decision of 28.02.2006 (in Russian) | Annex 6 | 08.05.2007 | |
| Communication – Annex 7 - City Court Appeals Chamber Decision of 02.05.2006 (in Russian) | Annex 7 | 08.05.2007 | |
| Communication – Annex 8 - Supreme Court Civil Chamber Appeal of 17.05.2006 (in Russian) | Annex 8 | 08.05.2007 | |
| Communication – Annex 9 - Supreme Court Appeals Chamber Decision of 23.05.2006 (in Russian) | Annex 9 | 08.05.2007 | |
| Communication – Annex 10 -MoE Information Request of 21.01.2005 (in Russian) | Annex 10 | 08.05.2007 | |
| Communication – Annex 11 - Prosecutor General Office Request of 18.02.2005 (in Russian) | Annex 11 | 08.05.2007 | |
| Communication – Annex 12 - MoE Response of 16.02.2005 (in Russian) | Annex 12 | 08.05.2007 | |
| Communication – Annex 13- Excerpts from National Legislation (in Russian) | Annex 13 | 08.05.2007 | |
| Communication – Annex 14 - Summary (in Russian) | Annex 14 | 08.05.2007 | |
| Letter to the communicant with regard to preliminary admissibility | Letter sent by the secretariat on behalf of the Committee | 27.06.2007 | |
| Letter to the communicant reiteratingthat the Committee proposed to address the points raised in the communication when reviewing the report of Kazakhstan to be submitted pursuant to decision II/5a | Letter sent by the secretariat on behalf of the Committee | 01.10.2007 | |
| Letter to the Party concerned with regard to reporting pursuant decision II/5a | Letter sent by the secretariat on behalf of the Committee | 01.10.2007 | |
| Letter from the communicant with regard to information received by it from the public authorities of the Party concerned | Letter from the Communicant | 09.11.2007 | |
| Copy of the letter of 04.04.2007 from the Ministry of Environment of Kazakhstan to the communicant | Addendum to the letter from the Communicant | 09.11.2007 | |
| Copy of the letter of 31.05.2007 from the Ministry of Economy and Budgeting of kazakhstan to the comunicant - p. 1 | Addendum to the letter from the Communicant | 09.11.2007 | |
| Copy of the letter of 31.05.2007 from the Ministry of Economy and Budgeting of kazakhstan to the comunicant - p. 2 | Addendum to the letter from the Communicant | 09.11.2007 | |
| Copy of the letter of 5.10.2007 from the Ministry of Environment of Kazakhstan to the communicant - p.1 | Addendum to the letter from the Communicant | 09.11.2007 | |
| Copy of the letter of 5.10.2007 from the Ministry of Environment of Kazakhstan to the communicant - p.1 | Addendum to the letter from the Communicant | 09.11.2007 | |
| Copy of the letter of 12.10.2007 from the Department of Natural Resources of Almaty to communicant | Addendum to the letter from the Communicant | 09.11.2007 | |
| Letter to the Party concerned | Letter from the secretariat on behalf of the Committee | 19.12.2007 |