RA Administrative Court Found for Lydian Armenia and Annulled Decision of Environmental and Mining Inspection

RA Administrative Court Found for Lydian Armenia and Annulled Decision of Environmental and Mining Inspection

EcoLur

On October 15, 2012, the Administrative Court of the Republic of Armenia, presided by Judge Argishti Ghazaryan, ruled for "Lydian Armenia" CJSC against RA Environmental and Mining Inspection and recognized Decision No. 30-A "On Obligation to Refrain from Performing Certain Actions" dated on 27.08.2018 as null and void.

DataLex Judicial Information System shows that in case N: VD/11560/05/18 the Respondent, the Environmental and Mining Inspection Body, having been duly notified, did not ensure the participation of its representative in the proceedings and did not submit a legal position to court.

Last year, the Environmental and Soil Inspection carried out inspections at Lydian Armenia CJSC and discovered red-listed plant and Apollo butterfly in Amulsar gold mine. The head of the inspection body made a decision to oblige the company to refrain from performing certain actions in Amulsar area, and suggested to Ministry of Nature Protection (currently Ministry of Environment) that the positive opinion to the project EIA document shall be revoked.

Following the decision of the inspection body, the working group established by the order of RA Minister of Nature Protection did not detect the species listed in the Red Book as a result of a 1-day study in Amulsar mine. This circumstance was accepted by the court as a professional opinion and included in the court case as one of the facts denying the decision of the inspection body.

The court also noted that the official who made the decision, Artur Grigoryan, Head of RA Environmental and Mining Inspection, had opposed the Amulsar project before taking office. The court found that there were circumstances that cast doubt on the impartiality of the head of the administrative body.

For his part, Arthur Grigoryan responded to the court's ruling on his Facebook page: “Most of the evidence for the company was created by the Ministry of Nature Protection through illegal actions that had to be removed from the evidence base during the trial. Do you know how many court hearings the inspection representative out of four one in this case has attended? None.

The court's conclusion that Head of Inspection was interested in having previously opposed the exploitation of the mine generally delegitimizes the current authorities in almost all of its initiatives. This means that appointing me as Head of Environmental and Mining Inspection was generally illegal, as I had a clear stance on all environmental issues. This is nonsense. If you want, the deep sabotage that goes against statehood is exactly what the current government is building on its own.

Reminder: Arthur Grigoryan was dismissed from the post of Head of Inspection Body on January 21, 2009, by the decision of RA Prime Minister Nikol Pashinyan.

14:37 October 21, 2019


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