 Case:
Vilshyna Khutir
Essence
of case: Protection of the right of the people of Vilshyna
khutir (settlement in Lviv oblast) to safe and healthy environment
Region: Europe, Ukraine, Lviv oblast, Ciletz village,
Vilshyna khutir
Essence of problem: Vilshyna khutir is located in the territory
of Chervonograd mining-and-industrial region. Two mining enterprises
- central coal enrichment factory “Chervonogradska” and mine “Vizeiska”
- are located less then 300 meters from Vilashyna khutir. As the
result of their activities the territory of the khutir is constantly
sinking and being flooded.
Water, soil and air are polluted as a result of the coal enrichment
activities. In particular, mercury, manganese, cadmium, iron and
other substances were found in the water with concentration several
times (or even ten times) higher then the acceptable level of concentration.
This settlement has not water supply, water is delivered not regularly,
and in winter it is not delivered at all, and that’s why residents
of the khutir have to use polluted water. Sinking of the territory,
caused by the activity of the mining enterprises, poses a constant
danger for flooding, which, for example, turned the houses of people
into small islands in 2002, 2002, 2005.
Main facts:
The case is processed on the national and international
levels.
NATIONAL LEVEL:
Administrative protection of the right to safe
and healthy environment
An appeal on declaring the territory of Vilshyna
khutir as environmental emergency zone
In-court protection of the right to safe and
healthy environment, right to safe and healthy living conditions,
right to housing and the right to respect for home and private
life
Protection from noise pollution – an appeal on
resettlement from zone of mine ventilator influence
Right to clean drinking water – appeal on recognition
of inactivity of the factory on non-delivering of drinking water
as illegal one and compensation of moral damage
Lawsuit on denial of information against the
Chief Sanitary Doctor of Ukraine of the Ministry of Health Protection
of Ukraine
Administrative protection of the right to safe and healthy
environment
Residents of the khutir applied to the Cabinet of Ministers of
Ukraine, the President of Ukraine, Ombudsman, the Ministry of Emergency
Situations of Ukraine, the Ministry of Environment of Ukraine, Lviv
state administration, demanding to protect their rights. As the
result of numerous appeals to the appropriate state authorities,
small, but continuous progress in the process of residents’ rights
protection can be noticed. The result of our activity was to attract
attention of the state authorities of different levels (including
the Cabinet of Ministers and Ministries) to the environmental problems
of Vilshyna khutir (up to that time the problems of 18 families
living in Vilshyna khutir had not been noticed). Due to persistent
appeals and claims, the decision was taken not to delay the protection
of environmental rights of Vilshyna residents and to secure a regular
water supply for the residents. And also some coasts were set to
secure environmental rights of the residents of Vilshyna khutir.
These persistent appeals speeded up development of the sanitary-protected
zones and led to a decision to suspending the activities of the
mine and factory.
An appeal on declaring the territory of Vilshyna khutir
as environmental emergency zone
Following the initiative of the residents, Sillets village council
applied to the Cabinet of Ministers of Ukraine, asking it to request
the President of Ukraine to proclaim the territory of Silets village,
Sokal region, Lviv oblast as environmental emergency zone.
The decision to declare the territory of Silets village as environmental
emergency zone was not taken.
The fact of Silets village council’s appeal led to various meetings
of oblast commission on technogenic-ecological safety and emergency
situations, where important decisions were taken. These decisions
were on protection of Vilshyna residents’ rights and securing of
ecological safety, particularly protection them from flooding and
provision of water.
In-court protection of the right to
safe and healthy environment, right to safe and healthy living conditions,
right to housing and the right to respect for home and private life
Residents of Vilshyn khutir applied to court, demanding to resettle
them from the polluted area, what is sanitary-protective zone of
coal enrichment factory and mine. Coal enrichment factory “Chervonogradska”
and mine “Vizeiska” SE “Lvivvugillya” are defendants.
Court of the first and appeal instance rejected an appeal against
coal enrichment factory. Now the case is under the second appeal
consideration (consideration in the cassational instance)
Lawsuit against the mine is under consideration in the court of
the first instance. Representatives of the mine admitted their obligation
to resettle plaintiffs in the process of court hearing. Now we are
waiting for the fulfillment of plaintiff’s claims.
Protection from noise pollution – an appeal on resettlement
from zone of mine ventilator influence
The level of noise in the living territory of Soltysy khutir, Silets
village, graitly exceeds the permissible level because of constant
work of the ventilator of mine “Vizeiska”.
Residents of Soltysy khutir applied to the local court with suit
to resettle them from zone of mine ventilator influence.
Sokal (local) region court rejected the appeal.
Appeal court of Lviv oblast reversed the decision, made by the local
court, and sent the case into repeated (new) consideration to local
court.
Mine “Vizeiska” appealed against ruling of appeal court of Lviv
oblast.
Noise pollution causes considerable moral sufferings and non-property
losses to residents, who live in zone of ventilator functioning.
Because of this, they also filed a lawsuit to stop the activity
of the mine and compensate moral damage.
 Right
to clean drinking water – appeal on recognition of inactivity of
the factory on non-delivering of drinking water as illegal one and
compensation of moral damage
In winter clean drinking water was not delivered to Vilshyna residents.
Residents of Vilshyna khutir applied to local court to recognize
inactivity on non-delivering of drinking water as illegal and compensate
moral damage, caused by non-delivering of water.
Coal enrichment factory “Lvivsystemenergo” is plaintiff in the case.
Oblast commission on technogenic ecological security and emergency
situations obliged this factory to deliver water to residents. Now
this case is under consideration in the local court.
An important positive outcome this lawsuit - the factory, having
known that residents applied to court, renewed immediately to deliver
water to them.
Lawsuit on denial of information
against the Chief Sanitary Doctor of Ukraine of the Ministry of
Health Protection of Ukraine
During 2001-2003 EPL asked information about waste pile
of the coal enrichment factory, but did not obtain any answer to
its requests. In May 2003 EPL applied to the Kyiv Commercial
Court with lawsuit on denial of requested information by the Ministry
of Health Protection of Ukraine.
As the result of this lawsuit the Ministry of Health Protection
of Ukraine provided us with the full requested information before
the court decision.
INERNATIONAL LEVEL
Appeal to the European Court of Human
Rights
In September 2003 eleven residents of Vilshyna khutir applied to
the European Court of Human Rights to protect their right to housing
and right to respect for home and private life, considering that
in such a way they can protect their right to safe and healthy environment.
Vilshyna settlement residents applied to the European Court of Human
Rights without exhausting all possible national remedies for their
rights protection, because they considered that judicial protection
in Ukraine is ineffective method to protect their rights.
Taking into consideration the likelihood of the violation of Vilshyna
settlement residents’ rights to housing and respect for home and
private life and also their pleading on ineffectiveness of national
tools of protection of their rights, the European Court agreed to
consider a complaint from Vilshyna residents concerning their right
to housing and respect for home and private life. |
