Access to justice in environmental matters

Kipra

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Kipra

Mention should be made of the Law for Crimes against the Environment, No 22(I)2012 which is tried in a criminal court. In a criminal procedure everyone is entitled to report criminal acts to the prosecutor, they can participate and bear witness, but remedies are between the prosecutor and the court.

Beyond the provisions of Article 146 of the Constitution and the remedies it provides to those directly affected, there are no specific penalties imposed on public administration for failing to provide access to justice, e.g. by keeping silent. There is no law or practice to hold individual technocrats responsible for decisions/acts/omissions, although there would be personal responsibility in the case of committing a crime, e.g., under the Law of 2012 above.

For persons who disobey court judgments there are contempt of Court proceedings. They result in immediate imprisonment. They are rarely applied when a public authority fails to comply with a court decision.

Last update: 26/07/2021

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