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When the government refuses to apply the law

Anonyme, Monday, January 16, 2006 - 21:14

Rosia Montana

Romanian government openly breaks law to favor Canadian mining company.

Bucharest/Romania, 16 January 2005 - The Centre for Legal Resources and Alburnus Maior have summoned Romania's Ministry for the Environment to urgently suspend the permitting procedure for the Rosia Montana mine development.

The permitting procedure is conditioned by a so-called urbanistic certificate which in return describes the mining pits (4), the cyanide containing tailings pond, the elimination of county roads and the construction of a processing plant. A further necessary document for the procedure is the so-called archaeological discharge certificate 4/2004 which would have allowed for the destruction of architectural, historical and archaeological monuments and Rosia Montana's community.

The validity of both these administrative acts was suspended by the competent courts with a definitive and binding judgement; this until the main litigations whose object is the annulment of these acts, have been settled. Regarding these settlements the courts have already reached a first verdict: in the case of the
urbanistic certificate their verdict is that it has expired and regarding archaeological discharge certificate 4/2004 that it is annulled.

Catalina Radulescu a lawyer acting for the Centre of Legal Resources declared that "until present the ministry for the Environment refused to enforce the court sentences; arguing that these are not binding [sic!]." "These refusals
are illegal because the suspensions are definitive and have to be enforced; this regardless of the current state of the main litigations," continued Catalina Radulescu.

Rosia Montana Gold Corporation (RMGC), the project owner of the mine development, should have duly notified the ministry for the Environment about the above-mentioned court sentences and retrieved the submitted documentation for the environmental permit. RMGC was a party present in both court cases.

The Ministry for the Environment and RMGC have demonstrated ill will by refusing to apply the law and enforce the court sentences; an attitude
forbidden in a state of law which after all is what Romania claims to be.

The correct procedure now would be for the General Prosecutor's office to investigate those responsible at RMGC and the ministry for the Environment for the infraction of not having enforced the court sentences.

The attitude displayed by the government signifies a disregard of the law, the creation of a state of inferiority for the juridical power vis--vis the executive power as well as ignoring the obligations assumed by Romania for becoming a member of the European Union.

For more information please contact: Catalina Radulescu at the Center for Legal Resources on +40 212.06.90, mobile: 0745 138 165 and e-mail: cradulescu{at}crj.ro and Stefania Simion for "Alburnus Maior" on +40 740 342 104; e-mail:
alburnusmaior{at}ngo.ro. Visit http://www.crj.ro and http://www.rosiamontana.org.



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