The Next Ecological Case “Ledyayeva and others versus Russia.”
Judgment of the European Court of Human Rights
On 26 October 2006, the European Court of Human Rights handed down a judgment in the case of Ledyaeva and Others v. Russia. This case, which concerns four residents of the Russian town of Cherepovets, Ludmila Ledyaeva, Yelena Dobrokhotova, Zhanna Zolotaryeva and Yekaterina Romashina, is similar to the case of Fadeyeva v. Russia which has already been decided by the Court.
The applicants were represented by lawyers from the Memorial Human Rights Centre: Kirill Koroteev and Dina Vedernikova, and also by the British lawyers: William Bowring and Philip Leach (European Human Rights Advocacy Centre, London). The lawyers were assisted by the American ecologist, Professor Mark Chernaik (Environmental Law Alliance Worldwide).
The applicants all live in Cherepovets in the Vologda region of Russia within the Sanitary Security Zone (SSZ) around the Cherepovets steel works which is owned by Severstal. The level of atmospheric pollution where they live is many times in excess of the limits established by Russian law. The applicants twice (1995-96 and 1999) applied to the Cherepovets Town Court against Severstal requesting to be immediately rehoused outside the SSZ. As a result of these proceedings they were put on a general list to receive alternative housing. In several years they hardly moved up the list. Yekaterina Romashina financed her move away from the SSZ herself.
In 2000 the applicants lodged a complaint with the European Court of Human Rights. In September 2004 their applications were declared admissible under Article 8 of the European Convention on Human Rights (right to respect for private and family life).
The European Court of Human Rights ruled that strong indirect evidence indicates that the deterioration in the applicants’ health was caused by harmful emissions into the atmosphere. The Court also established that Severstal was responsible for 95% of these harmful emissions. Furthermore, the Court noted the inadequacy of the measures taken by the State: targets set for the reduction of emissions have not been achieved; investigations and sanctions have not had any effect; and no meaningful environmental policy is in place.
The European Court of Human Rights held that there had been a violation of Article 8 and awarded the applicants between 1,500 to 8,000 euros each in respect of non-pecuniary damages. The Court established that the Russian authorities must take measures to improve their situation. The Court also awarded 3,200 euros in respect of costs and expenses.
According to the Memorial Human Rights Centre this decision constitutes an important step towards the protection of environmental rights. It should not only serve as a guide for Russian citizens living in similar situations and for the Russian Courts in deciding similar cases, but it also shows that during the year since the decision in the case of Fadeyeva v. Russia the Russian authorities have not take any measures to improve the environmental situation in Cherepovets.
Contacts:
Tatiana Kasatkina and Ksenia Benevalenskaya
Tel.: +7 (495) 225-31-17; 225-31-18, memhrc@memo.ru; admin@memo.ru
Kirill Koroteev: + 7 916 324 97 89
