Judicial Confusion around Gladzor Mine

Judicial Confusion around Gladzor Mine

EcoLur

On 12 September, the Appeal Court on Civil Matters should have reached a decision on the appeal lodged by Gladzor Community Head Armen Movsisyan, Vayots Dzor Region, against the ruling of Court of First Instance of Ararat and Vayots Dzor Regions, which found in favour of 'Vayq Metal' LLC meeting their demand not to hinder the implementation of geoprospecting works in the area of Gladzor community based on the contract signed by RA Ministry for Energy Infrastructures and Natural Resources and the company. Armen Movsisyan's appeal addressed to the Appeal Court on Civil Matters says that the ruling of Court of First Instance of Ararat and Vayots Dzor Regions is groundless and illegal.
As Armen Movsisyan's Barrister Nazeli Vardanyan told EcoLur, the court hearing to be held on 12 September was adjourned based on the judge's decision 'to find out certain circumstances', while the judge didn't appear at the next court hearing.

It should be mentioned that 'Vayq Metal' LLC has submitted the project on closed and opencast mining of Gladzor polymetallic mine for the environmental expertise to RA Nature Protection Ministry. The mining affected communities, Gladzor and Vernashen, voted against the project submitted by the company. RA Nature Protection Ministry issued a negative opinion to the project, while RA Ministry for Energy Infrastructures and Natural Resources refused from issuing a soil management permit to the company.

The company called upon the court in two fronts: it lodged a claim to the court of the first instance in Vayots Dzor Region against Gladzor Community Head and another claim was lodged to RA Administrative Court against RA Ministry for Energy Infrastructures and Natural Resources, as well as RA Nature Protection Ministry demanding to annul the ministries' documents on rejection.

Barrister Nazeli Vardanyan outlined that the company's claim against Gladzor Community Head was initially addressed wrongfully, as it was to be tried not in the court of first instance in Ararat and Vayots Dzor Region, but in RA Administrative Court.

The Administrative court found in favour of 'Vayq Metal' LLC in the case against RA Ministry for Energy Infrastructures and Natural Resources, but the project-affected Vernashen community filed an appeal to RA Court of Appeal demanding to overturn and to try the ruling of RA Administrative Court newly and to recognize Vernashen as the third party. Nevertheless, the appeal was not accepted, as RA Ministry for Energy Infrastructures and Natural Resources had administered administrative proceedings and the company was rejected a soil management permit based on the minister's decree.

15:21 September 13, 2017


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