The current position of Yerevan municipality on the problem of Dalma Gardens is no different from the position of the former authorities in Yerevan that has lit a "green light" to the destruction of historical and cultural heritage, violations of land users' rights, actual occupation of lands and other serious violations. “Dalma-Sona” Foundation has beaten an alarm signal with the former authorities about the destruction of Dalma Gardens and violations of rights by the former authorities, presenting strong substantiations in the form of the verdict of the Public Environmental Court in appearance.
The public verdict has collected data since 2001, when, with the support of the Armenian government and Yerevan Municipality, the "false legal" process of transferring lands areas of Dalma Gardens to various legal and natural entities commenced. Evidence on the historical and cultural heritage status of Dalma Gardens and violations of land users' rights, legislative violations, expert conclusions and opinions voiced during public hearings are presented.
Acting Head of Special Planning Division of Urban Development of Yerevan Municipality Staff A. Sedoyan's response letter No. 50/2-19709 dated on March 18, 2020, to the verdict says: “We would like to inform that Verdict No. BH/01/20 of Public Environmental Court has been considered by the relevant subdivisions of Yerevan Municipality in accordance with the procedure prescribed, and,
according to the clarification provided by Legal Department of the Staff, the abovementioned public court is not a judicial body established by the Constitution of the Republic of Armenia and "Judicial Code of the Republic of Armenia" and cannot adopt binding judicial acts."
That is, the municipality completely ignored the opinion of all the NGOs that collected the evidence of the violations, and did not respond to any of the points mentioned in the alarm signal. Instead, it has sought to find legal substantiation for refusing to evaluate the actions of the former authorities against Dalma Gardens.
It should be noted that the verdict of the Public Environmental Court is a detailed investigation of the matter, documentation of the violations, public assessment and an alarm signal about any violation or environmental crime.
This format is a tool provided by the Aarhus Convention for access to information, decision-making and the exercise of access to justice and the exercise of public responsibility and public supervision as set forth in RA Constitution, as well as an opportunity for public cooperation, mutual assistance, and holding irresponsible public officials liable.
EcoLur Informational NGO
Public Awareness and Monitoring Center NGO
Forests of Armenia NGO
Association for Sustainable Human Development NGO
Green Armenia NGO
16:40 March 27, 2020