Case: case_374

Atomic Facts:
[{"fact_id": "F001", "text": "One of the main issues in the present case is whether the authorities failed to take protective measures to minimise or eliminate the effects of pollution allegedly caused by the continuing operation of a landfill site near the applicants' homes in the town of Klin, Moscow Region, in violation of the applicants' rights under Article 8 of the Convention.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F002", "text": "One of the main issues in the present case is whether the applicants had an effective domestic remedy in respect of the complaint about pollution caused by the continuing operation of a landfill site near their homes in the town of Klin, Moscow Region.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F003", "text": "Some of the applications raise an issue concerning the right to freedom of peaceful assembly in connection with the applicants' protests against the landfill site near the town of Klin, Moscow Region.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F004", "text": "The applicants' relevant personal details are set out in Appendix I of the judgment.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F005", "text": "The applicants were represented by Mr K. Koroteev, a lawyer practising in Moscow.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F006", "text": "The Government were initially represented by Mr M. Galperin, former Representative of the Russian Federation to the European Court of Human Rights.", "source_paragraph": 3, "section_path": ["THE FACTS"]}, {"fact_id": "F007", "text": "The Government were latterly represented by Mr M. Vinogradov, successor to Mr M. Galperin as Representative of the Russian Federation to the European Court of Human Rights.", "source_paragraph": 3, "section_path": ["THE FACTS"]}, {"fact_id": "F008", "text": "The applicants live in the town of Klin, Moscow Region.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F009", "text": "The town of Klin, Moscow Region, is located approximately 7 km from Aleksinskiy Quarry.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F010", "text": "The villages of Novotschapovo, Bol'shoye Tschapovo, Golikovo and Opritovo are located near each other in the Klin District.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F011", "text": "The villages of Novotschapovo, Bol'shoye Tschapovo, Golikovo and Opritovo are located between 5.8 and 13 km from Aleksinskiy Quarry.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F012", "text": "Since 1993 Aleksinskiy Quarry has been used as a landfill site for solid household waste collected in the Klin District.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F013", "text": "Aleksinskiy Quarry is currently operated by the waste management company Kombinat LLC (OOO Комбинат).", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F014", "text": "Kombinat LLC (OOO Комбинат) operates Aleksinskiy Quarry pursuant to a lease agreement dated 12 November 2009 with the Klin municipal administration.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F015", "text": "The applicants alleged that large amounts of solid waste had been taken to Aleksinskiy Quarry daily and deposited in the landfill site, in violation of the applicable environmental regulations.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F016", "text": "The applicants alleged that the unlawful operation of the landfill site at Aleksinskiy Quarry had caused a strong foul odour in Klin and the areas nearby.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F017", "text": "The applicants alleged that the unlawful operation of the landfill site at Aleksinskiy Quarry had caused air pollution in Klin and the areas nearby.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F018", "text": "The applicants alleged that the unlawful operation of the landfill site at Aleksinskiy Quarry had caused groundwater contamination in Klin and the areas nearby.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F019", "text": "The applicants alleged that the unlawful operation of the landfill site at Aleksinskiy Quarry had caused the circulation of waste particles in the air in Klin and the areas nearby.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F020", "text": "The applicants alleged that the large numbers of scavenging birds at the landfill site at Aleksinskiy Quarry had threatened air safety in the area.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F021", "text": "A military airbase known as Klin-5 was situated within 3 km of the landfill site at Aleksinskiy Quarry.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F022", "text": "The military airbase Klin-5 was situated in proximity to the applicants' houses.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F023", "text": "A large-scale multi-level solid waste recycling and processing plant (комбинат по переработке отходов (КПО) «Алексинский карьер» – the waste processing plant) was set up at the site of Aleksinskiy Quarry.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F024", "text": "The waste processing plant at Aleksinskiy Quarry started operations at the end of 2019.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F025", "text": "The project for the construction of the waste processing plant at Aleksinskiy Quarry had been discussed at a public hearing.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F026", "text": "The project for the construction of the waste processing plant at Aleksinskiy Quarry had received a positive conclusion from the authorities concerning the assessment of its impact on the environment.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F027", "text": "On 11 May 2017 the Klin Town Court of Moscow Region examined a claim for compensation of damage to health and non-pecuniary damage brought by Mr Kotov (the first applicant) against Kombinat LLC, the Moscow Regional Department of the Ministry of Natural Resources and Environment, and the Klin municipal administration.", "source_paragraph": 8, "section_path": ["THE FACTS", "II. DOMESTIC PROCEEDINGS", "A. Civil proceedings brought by the first applicant (Mr Kotov, application no. 6142/18)"]}, {"fact_id": "F028", "text": "The claim brought by Mr Kotov (the first applicant) on 11 May 2017 was in connection with the use and operation of the landfill site at Aleksinskiy Quarry.", "source_paragraph": 8, "section_path": ["THE FACTS", "II. DOMESTIC PROCEEDINGS", "A. Civil proceedings brought by the first applicant (Mr Kotov, application no. 6142/18)"]}, {"fact_id": "F029", "text": "Mr Kotov (the first applicant) requested the Klin Town Court of Moscow Region to order the defendants to abstain from acts or omissions interfering with his right to a safe environment or creating a risk of such interference.", "source_paragraph": 8, "section_path": ["THE FACTS", "II. DOMESTIC PROCEEDINGS", "A. Civil proceedings brought by the first applicant (Mr Kotov, application no. 6142/18)"]}, {"fact_id": "F030", "text": "The first applicant explained at the hearing that he owned and had been cultivating a plot of land in the village of Bol'shoye Tschapovo in the Klin District of Moscow Region.", "source_paragraph"

Fact Mapping:
{"list1": {"scope": ["F003", "F140", "F141", "F143", "F144"], "interference": ["F141", "F143", "F144", "F145"], "prescribed_by_law": [], "legitimate_aim": [], "necessity": ["F140", "F141", "F143", "F144", "F145", "F146"], "positive_obligation": ["F141"]}, "list2": {"scope": ["F003", "F140", "F141", "F143", "F144"], "interference": ["F141", "F145"], "prescribed_by_law": [], "legitimate_aim": [], "necessity": ["F141", "F143", "F144", "F145"], "positive_obligation": ["F141"]}, "list3": ["F141", "F143", "F144", "F145"]}

Conclusion:
{"violated": true, "elements": {"scope": {"conclusion": "yes", "discussed": "implied"}, "scope_assembly_exists": {"conclusion": "yes", "discussed": "implied"}, "scope_participation": {"conclusion": "yes", "discussed": "implied"}, "scope_peaceful": {"conclusion": "yes", "discussed": "explicit"}, "interference": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law_foreseeable": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_accessible": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_safeguards": {"conclusion": null, "discussed": "not_discussed"}, "legitimate_aim": {"conclusion": "yes", "discussed": "explicit", "aims": ["public_safety", "prevention_of_disorder"]}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": "no", "discussed": "implied"}}}