MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2024)1514/H46-36

5 December 2024

1514th meeting, 3-5 December 2024 (DH)   H46-36 Genç and Demirgan group v. Turkey (Application No. 34327/06) Supervision of the execution of the European Court’s judgments   Reference documents CM/Notes/1514/H46-36

 

Decisions

The Deputies

1.         recalled that the present group of cases concerns the failure of the administrative authorities to comply with administrative court decisions annulling various permits required for the operation of industrial facilities for the gold mine and starch factory, and halting the operation of three power plants on grounds of risk to public health and environment;

As regards individual measures

2.         recalled that individual measures are linked to the adoption of general measures;

As regards general measures

3.         while noting the information provided on the applicable legal framework and examples of domestic jurisprudence, invited the authorities to submit further information on specific measures taken or envisaged to prevent circumventing of judicial decisions on environmental issues to ensure respect for the rule of law and principle of legal certainty;

4.         noted that the Environmental Impact Assessment (EIA) process and reports are crucial for ensuring that the operation of industrial activities must be conditional on prior independent assessment confirming their operation with the protection of human health and the environment; invited the authorities to clarify the conditions under which decisions of “no EIA required” can be adopted and to provide information on the existing safeguards to ensure that such decisions comply with the State’s positive obligation to protect human health and the environment;

5.         as concerns the current operation of the Ovacık gold mine, noted with interest the information that additional measures had been taken in 2009, following the facts examined in the Genç and Demirgan case, that the last two EIA reports took into consideration the geographic and climatic conditions of the region and that there were no pending proceedings against these reports;

6.         noted furthermore with interest the information that filtering mechanisms have been installed in the three thermal power plants concerned by these cases, and the authorities’ conclusion that they are not harmful for the environment; invited the authorities to provide information on: 1) the most recent official studies on the impact on human health and the environment of the current operation of these power plants and their auxiliary facilities and 2) on the ongoing domestic proceedings as regards the auxiliary facilities; reiterated their request for information as regards the reasons for the operation of the Yatağan power plant with a temporary operation permit;

7.         noted further the information provided by the authorities according to which the appeals against the permit for the operation of the starch factory and the EIA process, which were pending at the time of the delivery of the European Court’s judgment, have been dismissed by the domestic courts and that the regularisation of the land as industrial area has been finalised;

8.         noted with interest the establishment by the Ministry of Energy and Natural Resources of a Monitoring Committee to monitor the compliance of power plants with environmental legislation and invited the authorities to provide information on its functioning and latest conclusions;

9.         invited the authorities to provide information on all the above-mentioned aspects by the end of September 2025.