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Timeline of proceedings against the concerned public

12.10.2009  |  Publications

On 9 October in Ostrovets, Grodno Region public hearings on the EIA (Environmental Impact Assessment) related to the planned construction of a nuclear power plant. Below is complete chronology of the day.

Mrs. Irina Sukhiy (environmentalist, Public Association "Ecodom", Belarus):

“At 9.45 a minibus with representatives of environmental organizations was stopped at the entrance to Ostrovets and was allowed in after the agreement of the regional executive committee. Following our invocations to comply with the law and talks that with their actions the representatives of the MIA were letting down the President, i.e. not allowing representatives of the public to attend PUBLIC hearings, a MIA representative consulted with someone sitting in another minibus, had let us pass 10-15 minutes later. There were still 4 to 6 minibuses with people left standing by the roadside.

At 10.00 near the place of registration and a hearings there was another cordon - a portable metal fence and special forces officers, letting through before 10.00 only those representatives of organizations and regions that possessed (already before the registration) registration sheets with specific registered numbers. People who were allowed in came by buses and minibuses. Representatives of ministries were arriving by cars.

At 10.05 a plain-clothes man, who was communicating by telephone and was giving orders to the special forces police, said the rest were allowed to pass. Policemen searched men manually, everyone was checked with a metal detector. We asked to open and show our bags and get out of our pockets keys, cell phones and metal objects.

People were let into the room of hearings by little groups of 5-7 people. Seats were distributed among districts. And the whole series of empty seats were occupied for some people ... As soon as volunteers (all dressed alike) thought there were no longer seats available, they closed the entrance to the hall and banned from standing in the aisles and along the walls under the excuse of fire safety. We were told that outside the hall, there was video equipment to monitor the hearings and thus we could participate in them.

We managed to occupy about 10-15 seats (barely) despite the fact that there were 30 reserved seats in the Administration (Direction) of the NPP plant in advance".

At 10.10 the room where hearings were to be held, was orderly filled up.

According to the plan (agenda) of the public hearings registration of the participants was supposed to be taking place from 10.00 to 12.00, during this period of time the public concerned was supposed to be arriving to the place of hearings.

Surprisingly in 10 minutes registration of representatives of "labour collectives" was finished. Following registration each participant was given a glossy informational brochure: "We are for nuclear power plants. We are for work. We are for salary”. Stylistically, and by design – they were exact copies of promotional materials of Rosatom, distributed during public hearings of Nizhny Novgorod, Baltic and other nuclear power plants in Russia.

Mr. Andrey Ozharovsky (expert, International Environmental group Ecodefense, Russia):

"Before 10 am the place of the venue was surrounded by a cordon of police and probably volunteers, people in civilian clothes. Admission of citizens, who gathered in front of the entrance and accordingly in front of the cordon, for the registration started exactly at 10 o'clock, until that time the public was not allowed into the building. Probably the organized groups (labour collectives) were admitted to the hall before the official time of registration.

It turns out that about 300 people were registered before 10 a.m.

At 10.15 the access to the hall was de facto closed.

Mrs. Tatyana Novikova (environmental activist, Belarus):

"No agreement on the allocation of seats to representatives of the public concerned had been followed. The list of NGOs who intend to participate in the public hearings was prepared and submitted for registration to the organizers of the hearings. Applications for participation were sent to Mr. Petrushkevich Vladimir Petrovich, a Secretary of the organizing committee of the hearing, an officer of the NPP construction Directorate. He assured that a minimum of 30 representatives of environmental and other public organizations from all over the republic were tentatively reserved the opportunity to participate in the hearings, as a minimum to be present in the hall.

Elena Tankachova (human rights activist, Belarus):

"11.40: At the entrance to the building where the hearings were held, Mr. Andrey Ozharovsky was stopped following an order of the Deputy Chief of Ostorovets Department of the Internal Affairs, Senkievich Marek Micheslavovich. Materials of Critical comments to the EIA report prepared by a number of environmental experts and organizations in Belarus were seized from Russia's well-known independent expert and anti-nuclear activist (who at that time was on the telephone with me). The criticisms, in fact, constituted the public assessment, which should be discussed during the hearings. A representative of the NPP Construction Directorate Mr. E. Svirid told to Andrey Ozharovsky, "You will not enter here with printed matter." Text of the Critical comments was seized from experts at the entrance to the hall. Ozharovsky left materials and started moving into the hall. Then a remark followed, "Grab this one" and communication with Ozharovsky interrupted. Eyewitnesses claim that he was detained by people in civilian clothes and escorted in a blue 7647 Ford EM-4 and held there until the order of delivery to the police department. In the police department, Major G. Drabo seized 96 copies of the Critical comments to the EIA report with the wording “examination of the locus delicti” and it was not clear whether a detention protocol would be drafted with regard to Mr. Ozharovsky. No copies of protocols on seizure of documents were given to him. It was not clear whether Ozharovsky would return to the hearings hall and would be able to speak with expert assessment.

Ozharovsky was taken to the Ostrovets police station, where he spent 3 hours for a record of the seizure of Critical materials… It was not clear about the drafting of a protocol due to the changing opinions of the policemen. No details were provided of why, who and when put a ban on the distribution of the materials during the public hearings.

13.30 Ostrovets. Hearings hall.

Mrs. Irina Sukhiy (NGO "Ecodom") stated at the venue of the hearing that the rules of the hearing were grossly violated. For instance, it was announced that the registration of speakers continued to 15.00, whereas at 13.00, those wishing to speak could not register themselves, due to the fact that the organizers of the hearings denied them of this.

Observers who were in the hearings hall, said that the main speakers, representing the EIA did not comply with regulations, as their performances took more time than allocated.

Participants of the hearings, citizens and representatives of organizations who briefly left the room, could not get back there.

13.39. Speeches.

A representative of Rosatom Glukhov Alexander, who said that the main danger of nuclear power - were ephemeral, while the main economic benefit - payback, however not in terms of capital costs, rather in terms of operation in 50-60 years. However the main benefit for the country with the advent of nuclear power, was in his view - a new status and completely new safety standards.

Academician Georgy Lepin took the floor and provided with counter arguments and spoke of the real facts that demonstrated the disadvantages and dangers of the nuclear energy. He pointed to the fact that the EIA data was underreported by thousands of times.

16.10: an hour ago Andrey Ozharovsky was promised in the police department that his documents would be returned to him and that he would be able to continue to participate in public hearings, given that he was on the list of speakers. However he was taken to a court. In the court, he learned that he was charged with Article 17.1 of the Administrative Code with the wording: "While being near the cinema “Ostroviets” (venue of the hearings) he behaved provocatively in the presence of citizens, and thus violated the public order during the meeting on nuclear power". Irina Sukhiy was with Andrey in the courtroom.

16.30 Tatiana Novikova, Editor of the Belarusian Green Portal, one of the authors of the Critical materials of EIA had to insist on having a floor however she was refused on the grounds that it was timed-out. Tatiana was the 31st in the list of more than 60 people who signed up to speak. She was given the floor and she publicly spoke about the detention of Andrey Ozharovsky and seizure of Critical materials. The audience asked to read the critical materials, however the presidium of the meeting did not agree to give more than 3 minutes. Tatiana passed copies of the minutes of meetings and signatures of citizens from all over Belarus in support of the critical materials and a proposal to recall the EIA to the Organizing Committee.

The full text of the critical materials regarding the official EIA report can be found at www.atomby.net .

Other members of the public were denied the opportunity to speak, after sitting in a stuffy room for about 5 and a half hours. The organizing committee has not given the opportunity to speak to ecologists and experts from Moscow, Minsk, Kaunas and other cities. Igor Pastukhov and Yuri Meleshkevich and several other experts who have managed to get into the hall and those who were left behind the closed door were not able to make presentations.

Now state officials are trying to answer the questions that come from citizens, voicing criticism. The answers do not always correspond to the issues, they say that there are discrepancies in the EIA and that accidents were not excluded however they claim it would be safe. A representative of the Institute for Bioresources NSA said that even if the salmon disappeared, it will be possible to breed it in special nurseries.

The atmosphere of intolerance prevailed in the hearing room, occupied by representatives of management and public sector of Ostovets who tried to interfere with speakers screaming, "Go back to your Russia if you do not like it, those who are afraid of nuclear power plants - can now start digging their own grave."

Rules hearings were poorly formalized and where they were coherent – violated.

Natalia Ryabova said in hers statement at the hearing, "I was struck by these republican hearing so that the machines of Minsk were stopped, people were not allowed into the hall, and I would have no chance to get there if it were not for my friends who took my place, I would not be able to get into the hall and to speak. I would like to say that I do not hear people discussing the EIA, they go on stage and read poetry, where the nuclear power plant with capacity of two Mwatts rhymes with the word salary. It seems to me a sort of delirium".

Tatiana Novikova, in her speech asked a question: “If nuclear power is safe and EIA is so good, why the critical materials of the EIA were confiscated by the local police department without an explanation?” The critical materials were planned as a handout to the public.

17.59 Comments:

Igor Pastukhov: "The atmosphere of the hearings of EIA plant reminded me of the atmosphere of plenums of the Communist Party of the Soviet Union. There were five speakers that criticized the EIA representing non-governmental organizations. Other reporters spoke about the benefits of the NPP for the region.

Vladimir Petrushkevich, a Secretary of the organizing committee hearings, was in Minsk on a sick-leave during the hearings, he commented on the detention Ozharovsky as follows:

"I called our people there, they said that no problem - well, there are also normal people there, and they will release him for sure."

"I believe that the hearings were conducted in a constructive way," summed up Victor Svillo and wished everyone happiness.

Michael Mikhadiuk reminded the crowd that behind the wall a permanent information center was located, which would answer all the questions of workers. All his hopes Mikhadzyuk placed on the Head of Administration of Ostrovets district, saying that since his arrival Ostrovets started flourishing and if he continued to work here, then the best and the safest plant would be built."

18.30 The main findings of the day:

Tatyana Novikova (environmental defender, Belarus):

"I think at some point the situation got out of control of the authorities, the organizers of the hearings, and was completely beyond their control. Before this, the representatives of the organizing committee hearings, acted seemingly in coordination, while the detention of Andrey Ozharovsky showed that the coherence was superficial. Opinions of officials have divided - some said it could not be happening others (local authorities) have taken very strict measures.

The level of organization of the hearings was bad overall the procedure for speeches was not followed, as well as the procedure of registration. Regulation was violated many times the time limit for speakers was not observed. Among individuals wishing to speak in strange ways were officials and representatives of the academic community, which held the position for the construction of a nuclear power plants.

The atmosphere struck me as unfriendly. What was happening seemed to be as if it was a village club, where there were many spontaneous chaotic speakers, where everyone said "We want nuclear power!" And read off a piece of paper.

Now I'm in a state of shock and surprise. After so much time spent on trying to engage in a dialogue with the authorities, so that we could be heard, that the Ministry of Environment and the customers understood that public wants and what were its recommendations, today, the hard-established contacts were destroyed by a stroke of a pen.

Irina Sukhiy (ecologist, Public Association "Ecodom"):

"I am convinced that the hearings were held in violation of the provisions of the Aarhus Convention on public participation in decision-making. The procedure was not read out or protocol explained, what would be the order for familiarization with the protocol and how would it be possible to comment (supplement) it. 60 people signed up to speak and only 25 did. Under normal circumstances, the hearing was to be extended. The very theme of the hearing was officially declared "Discussion of the EIA”. In the prevailing number of reports and presentations the content of the EIA was never mentioned, it came down to the reasoning that the NPP was good for the country. When one of the participants made an observation that the hearings were not covering the claimed subject, the moderator of the hearings did not even pay attention to this remark.

The major obstacles were made initially during the organization of the event:

Republican hearings were scheduled for a weekday (working day) day, in an inaccessible place. For the public concerned (not those who were brought by specially arranged transport from factories during the working day) it was extremely difficult to participate in the hearings, if not impossible.

The conclusions are simple and obvious: these hearings should not be recognized as valid republican hearings. We call for renewed organization of national public hearings, to conduct them during a day off, in the capital of Belarus, Minsk, to allocate for this purpose hall that can accommodate representatives of public concerned and to discuss the EIA report, prepared by the authorities. Rules for structure, discussion and debate should be elaborated, there should be a responsibility for manipulations, print and TV media coverage of the public hearings should be provided. Public authorities are obliged to disseminate their EIA report as well as the critical materials to this report to the citizens. Now with this text can be found only in the Internet at www.atomby.net”.

19.20: Andrey Ozharovsky commented from the court room on the outcome of the day in anticipation of the trial:

"I was not in the hall during the hearings, I mostly saw what was taking place there before their beginning. In my opinion, the unprecedented decision to deny floor to speakers and non compliance with the regulations demolish the basis of everything that happens afterwards. From my experience there were cases in Russia when there were over 60 speakers and, nevertheless, all fit in time and substance.

One of the important conclusions for myself, I would like to point out the fact that Alexander Glukhov as a representative of Rosatom confirmed that Russia would not take Belarusian nuclear waste to the territory of their burial grounds without compensation. In case of transportation the wastes will be returned to Belarus. For a long time we had ongoing battles with the Ministry of Natural Resources, which stated that Russia would be forever free to pick up wastes from Belarus. This means that now the question of building of a burial sight for wastes or shipments outside Belarus comes up.

As a Russian expert, I would like to note that it would not be very good if the wastes transported twice a year from one end of the country to another.

The substitution of a discussion document is scandalous as well (the EIA report was 3000 pages in reality). During the discussion in Ostrovets a document of 131 pages was presented. Thus, the EIA report was not public and could not become the subject of the hearing, because we have not seen the document and could not read it. I would call that a manipulation when an imaginary target is set which raises a fair criticism for the lack of substance, and then it turns out that this report was not presented to the public.

Public hearings in Ostrovets should not be considered as taken place because there was no subject matter. There was a discussion document, which was recognized as a non empty shell, in the end that was the case. Comments and responses on paper, exhibited to the public debate, are in the 96 copies of a booklet which I left in the Ostrovets police department".

19.40: The court ruled to sentence Andrey Ozharovsky to seven days in jail for an offense under Art. 17 / 1 of the Administrative Code with the wording: "While being near the cinema “Ostroviets” (venue of the hearings) he behaved provocatively in the presence of citizens, and thus violated the public order during the meeting on nuclear power".

eurobelarus.info

Materials from www.tonkacheva.livejournal.com

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