On August 23, at specially convened 47th extraordinary session of Kharkiv City Council, Mevlüt Çavusoglu — the President of the Parliamentary Assembly of the Council of Europe (PACE) and Melih Gökçek — the Mayor of Ankara had presented the Europe Prize to Gennadiy Kernes — the acting Kharkiv City Mayor and the Secretary of the City Council.

We would like to remind that the prize for development of European cooperation was awarded to Kharkiv on April 29, a little bit before the launch of the Ukrainian civil society protests against arbitrary actions of Kharkiv city authorities in the course of construction of highway through Gorkiy Park. We have to emphasise that — accounting for the long May holidays from May 1 to May 10 — the decision to start construction works there was made immediately after the award date. Such a sequence of events confirms that the city authorities intended to solidify their position and used the PACE award to distract public attention from their illegitimate actions.

Numerous infringements of citizens’ rights and European freedoms in the course of the highway construction works induced appeals to PACE high officials, including the letter of CSOs leaders, experts and Ukrainian citizens asking to deprive Kharkiv of the Europe Prize 2010.

Prior to the visit of the PACE delegation to Kharkiv, authors of the appeals received responses of PACE high officials. In particular, Axel Fischer — the Chairman of PACE Sub-committee on the Europe Prize, noted that the decision to award Kharkiv was made on April 29 after a careful review of applications by anonymous vote of the Committee members. However, Mr Fischer also assured that he would use the occasion of presentation of the prize on August 23 to discuss associated issues with Kharkiv city authorities.

Aleksiy Lotman, the Chairman of the PACE Committee on the Environment, Agriculture and Local and Regional Affairs, responded by an e-mal message and assured that he would apply all the efforts necessary to ascertain a real state of affairs. He also supposed that the Committee might organise public hearings on the matter.

A month earlier, Mevlüt Çavusoglu — the President of PACE, in response to the appeal of “Zeleniy Front” Kharkiv organisation noted that he cannot question the decision made according to procedures approved by the PACE Committee on the Environment, Agriculture and Local and Regional Affairs. At the same time, he also promised to discuss these issues in the course of his meetings with representatives of Kharkiv city authorities.

Members of the PACE delegation headed by Axel Fischer — the Chairman of PACE Sub-committee on the Europe Prize — kept their promises and met representatives of Kharkiv residents in the course of their visit to Kharkiv, including “Pechenigy” environmental group, “Zeleniy Front”, the Youth Human Rights Group, etc. In the course of the bilateral dialogue, numerous documents were submitted to PACE delegates, including the note of “Pechenigy” environmental group on non-compliance with the due environmental legislation of Ukraine and the Aarhus Convention, associated with construction of the highway through Gorkiy Park.

The European delegates said that they are seriously astonished by the situation; as such an event happened for the first time in the whole history of the contest (the Europe Prise was awarded to municipalities since 1955). The situation was further aggravated by the fact that a major war cemetery of German soldiers buried there in WW2 was found in the course of construction works. According to orders of the city authorities, construction workers had constructed the road-bed over the graves, causing a serious resentment of German members of the PACE delegation.

The delegates once again reaffirmed that they cannot withdraw the prize award — as such a procedure simply does not exist — but they assured that the documents produced by non-governmental organisations of the city will be submitted for review by the PACE Committee on the Environment, Agriculture and Local and Regional Affairs and these issues will be examined without delay.

Accounting for the Kharkiv precedent, MAMA-86 National Environmental NGO believes that it is necessary to initiate introduction of amendments to the Europe Prize award procedures, that would make withdrawal of the Prize possible.

MAMA-86 NGO expresses its respect and sincere gratitude to all organisations, experts and public figures who supported the Appeal and ranged themselves on the side of European values in Ukraine.

Besides that, MAMA-86 NGO also expresses its gratitude to the Office of MEP Rebecca Harms — the Leader of Greens/EFA fraction in the European Parliament, for support in establishment of direct contacts with PACE high officials and Bureau.

# 42/08-10 from 24.08.10

On violation of national ecologic legislation norms and provisions of Aarhus convention, by Kharkiv city council during the road construction through Gorky Park

Kharkiv city council approach to green spaces of the city is their reduction for more than 300 ha, assertedly because of superabundance of them.

1. Implementation of this project will increase the air pollution level. The new road through Gorky Park starts from Dynamivs’ka and Novgorods’ka streets and forms a threefold crossroad, and runs to Sums’ka str., with which it forms T-form crossroad (see Attachment 3: Extract from “Kharkiv city. Correction of schema of red lines of highways.”). Such location of the road does not unload city traffics, moreover, it certainly creates traffic jams on both of its ends. As the most intensive pollution is made on idle run, it increases level of the air pollution in the city.

2. In the process of this project preparation, public opinion was ignored, which contradicts with Aarhus convention. There was no public discussion of the project at all.

The statements of our local authorities that this project was discussed on the public hearings, concerned with development of the General Plan of the Kharkiv city are not true, because these hearings took part 27.06.2003 (see Attachment 1: extract from the Record of Public Hearings “Development of the General Plan of Kharkiv city to 2026. Conclusions on the present state of economics of the city. Proposals of he general directions of development of Kharkiv city to 2026.”). At that moment it was planned to build a road on a board of Gorky Park — from Novgorods’ka Str. to Vesnina Str. (see. Attachment 2: extract from “The main provisions of the General plan” — marked red). This variant did not create public disturbance.

The idea to cut a piece of park from Novgorods’ka to Sums’ka Strs. appeared only in 2007 — in “Schema of red lines of the highways of Kharkiv city” (see Attachment 3: extract from “Kharkiv city. Correction of the schema of red lines of the highways.”). So, this project just could not be discussed on the hearings 27.06.2003, and there were no other hearings concerning this topic.

3. The road through Gorky Park was not concealed with ecological service — the National Department of Environment protection in Kharkiv region). Firstly, this service gave a positive conclusion (see Attachment 4: Copy of Conclusion of the The National Department of Environment protection in Kharkiv region from 26.02. 2008 № 4-23-1010).

The conclusion was given subject to the number of requirements, particularly upon condition of harmonization of project-cost documentation, holding of public hearings, mass media public informing about the absence of negative influence on the environment, holding of the ecological appraisal of the project etc.

In preparation of the road project these requirements were not held, that in why, and also because of the compellation of the publicity, the National Department recalled its conclusion (see Attachment 5: Copy of the letter by the vice-chief of the National Department of Environment protection in Kharkiv region V.Zadniprovs’ky to the chief of the department of building, repairing and reconstruction of the Kharkiv city council department of building and road facilities Rybakov V.A. from 04.06.08 № 4-04-1827).

4. Near 10ha by the side of the road the authorities of Kharkiv are going to built on — by apartments, entertainment complexes, hotel complex etc. (see e.g., Attachment 6: Copy of the Land surveying project concerning assigning of a land plot… for building and further exploitation of the hotel complex and apartments and for creating of the auto road from Sums’ka Str. to Novgorods’ka Str. These projects have been not discussed with the city community.

5. Real number of cut down trees far exceeded the number permitted. According to decision of Kharkiv city council executive committee from 19.10.2005. № 156, in was necessary to cut 503 trees in order to build the road (see. Attachment 7: Decision of Kharkiv city council executive committee “About the weeding of green planting on the site of road construction from Sums’ka Str. to Novgorods’ka Str. (at the district of Biloji Akaciji Str.) in Kharkiv city”).

According to public calculation, even on 24.05.2010 576 trees were cut (see Attachment 8: Copy of Examination act of green planting slash area in Gorky Park on the corner of Novgorods’ka Str. (at the district of Biloji Akaciji Str.) and Dynamivs’ka Str., 24.05.2010).

Trees had been cut to the middle of August. The stubs of the trees were quickly rooted up and because of the lack of people and of time it was impossible to count all the trees. According to rough estimation, about 1500 trees were cut on this building site.

Many trees were damaged by transport or covered with the remnants of paving. (see Attachment 13: copy of the open proclamation “On violation of legislation norms in the process of road building in Kharkiv city from Sums’ka Str. to Novgorods’ka Str.)

6. Ecological appraisal of this project was a mere formality.

Ecological appraisal of the project was given 2.07.2010, when the road construction started 20.05.2010. The expertise considered only environmental effects of the road construction process and does not take into account at all its main exploitation effects (see Attachment 9 — copy of the Conclusion № 20.09.06.2010-97 from 02.07.10. State ecologic expertise on the project “The road construction from Sums’ka Str. to Novgorods’ka Str (near Biloji Akaciji) in Kharkiv city. Some recommendations, e.g. irrigation of the area for dust contamination abatement in the construction process, were absolutely ignored.

There was no public discussion of this expertise. The statement of the State Department that the discussion took part 19.06.2010 on the public hearings “Green planting and forest-park protection in Kharkiv city” is inconsistent. Although this question arose on the hearings more than once, no decision on it was rendered. Moreover, the city council, violating norms of the national legislation and Aarhus Convention demands, arranged the hearings in such a way that made impossible taking into account public opinion.

The place of hearings could hold only one sixth of the general number of registered participants (2341 person); voting records were estimated by “visual majority”, in means that votes for the alternative variants were not counted at all! (see the official resolution of the hearings: http://www.city.kharkov.ua/ru/document/view/id/41102, also see Attachment 10: Copy of the letter of initiative group for holding of the public hearings “Green planting and the forest-park protection in Kharkiv city”). So, it is impossible to consider these hearings legit.

7. The authorities of Kharkiv implementing this project was very incorrect in respect of legislative execution.

Thus, Kharkov city council revoked on session 10.09.2008 its own decision from 27.02.2008 № 26/08 about assignment of sites from Sums’ka Str. to Novgorods’ka Str. for building of the noted road, hotel complex and apartments. But the decision of the Kharkiv city council executive committee № 156 from 19.05.2010 “About the weeding of green planting on the site of road construction from Sums’ka Str. to Novgorods’ka Str. (near Biloji Akaciji Str.) in Kharkiv city” bases exactly on the decision from 27.02.2008 № 26/08 as on the legal basis for the road construction!

Architectonic and building inspection in Kharkiv region gave its authorization for preliminary works for the road building 26.05.2010, but these works, particularly tree falling, started 20.05.2010.

The National Department of Environmental Protection agreed with tree falling on the construction plot upon condition of planting of trees on area from Sums’ka Str. to Novgorods’ka Str. (see Attachment 11: Copy of “Accommodation from 18.05.2010. of act of exploration of green planting, intended for weeding from 27.04.2010 by address Kharkiv city, from Sums’ka Str. to Novgorods’ka Str. near Biloji Akaciji Str.). This condition is not implemented by this moment.

The Verhovna Rada Committee for ecological politics, natural recourses management and rectification of the consequences of Chornobyl’ catastrophe 30.06.2010 adopted a decision № 74/1 “On environmental legislation compliance with building of the road and other constructions in Gorky Park in Kharkov city”. This decision obliged Kharkov city council to spot building the roan until all the environmental protection requirements would be completed. The city council ignored this resolution and continued the building process. And these are only some of a great number of examples.

8. Water reservoir pollution. Almost every day on the construction plant human relicts were found. The workers poured them with earth in a coomb, where a stream flows. The stream falls to Sarzhyn Yar coomb, where a spring of mineral water is located. According to competent information, this landfill operation in the coomb endangers the very existence of the spring of mineral water (see Attachment 13 and Attachment 12: A road in Gorky Park endangers Shatilovsky spring).

Also it is necessary to notice, that in process of the road building, unknown persons widely used physical violence to the citizens, who expressed their protest against this project. The law enforcement agencies in moments of violation were at a standstill, and later they stonewalled the inquiry of these facts of breaking the human rights.

President of the Council “Pechenigy” EG

S. Shaparenko

Attachments:

Attachment 1: Extract from the Record of Public Hearings “Development of the General Plan of Kharkiv city to 2026. Conclusions on the present state of economics of the city. Proposals of he general directions of development of Kharkiv city to 2026.”

Attachment 2: Extract from “The main provisions of the General plan”.

Attachment 3: Extract from “Kharkiv city. Correction of the schema of red lines of the highways.”

Attachment 4: Copy of The Conclusion of the the National Department of Environment protection in Kharkiv region from 26.02. 2008 № 4-23-1010.

Attachment 5: Copy of the letter by the vice-chief of the National Department of Environment protection in Kharkiv region V.Zadniprovs’ky to the chief of the department of building, repairing and reconstruction of the Kharkiv city council department of building and road facilities Rybakov V.A. from 04.06.08 № 4-04-1827.

Attachment 7: Decision of Kharkiv city council executive committee “About the weeding of green planting on the site of road construction from Sums’ka Str. to Novgorods’ka Str. (near Biloji Akaciji Str.) in Kharkiv city”).

Attachment 8: Copy of Examination act of green planting slash area in Gorky Park on the corner of Novgorods’ka Str. (near Biloji Akaciji Str.) and Dynamivs’ka Str., 24.05.2010.

Attachment 9: Copy of the Conclusion № 20.09.06.2010-97 from 02.07.10. State ecologic expertise on the project “The road construction from Sums’ka Str. to Novgorods’ka Str. (near Biloji Akaciji) in Kharkiv city.”

Attachment 10: Copy of the letter of initiative group for holding of the public hearings “Green planting and the forest-park protection in Kharkiv city”.

Attachment 11: Copy of “Accomodation from 18.05.2010. of act of exploration of green planting, intended for weeding from 27.04.2010 by address Kharkiv city, from Sums’ka Str. to Novgorods’ka Str. at the district of Biloji Akaciji Str.

Attachment 12: A road in Gorky Park endangers Shatilovsky spring.

Attachment 13: Copy of the open proclamation “On violation of legislation norms in the process of road building in Kharkiv city from Sums’ka Str. to Novgorods’ka Str.)