In a related case to Bergama No. 1, following the 4th Administrative Court of Ankara rejection of the applicants’ stay of execution request in May 2006, the 4th Administrative Court of İzmir issued a judgment (2005/1732 e, 2007/155 K) in favour of the applicants on 28.02.2007. The Court stated that
“the public authorities are obliged to provide every kind of information and documents to those who ask them in accordance with the principles of equality, impartiality and openness which are requisites of transparent and democratic administration in accordance with article 4 of the Right to Information Act.”
The Ministry of Finance received the judgment of the 4th Administrative Court on 24 April 2007. Subsequently, on 11 May 2007 the Ministry of Finance appealed with a stay of execution request. On 20 June 2007, the 10th Chamber of the Supreme Administrative Court rejected the stay of execution request of the Ministry of Finance. On 31 July 2007, the applicants applied to the Ministry of Finance with a request of the execution of the judgment of the 4th Administrative Court of İzmir. On 29 August 2007, the Ministry of Finance sent a letter to one of the applicants stating that the appeal case at the 10th Chamber of the Supreme Administrative Court had not yet been concluded. The Ministry argued that once the notification was received by the Ministry of Finance the necessary action would be taken.
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Three Turkish lawyers, members of the Izmir Bar Association, who are also environmental protection activists within the Aegean region were involved in the monitoring of the activities of the EUROGOLD Mining Company which has been operating a gold mine in Bergama. Following some media rumours that EUROGOLD would sell the mining facility and leave the area without shouldering any cleaning and reforestation burden, the lawyers tried to obtain information from the Ministry of Finance with a right to information request made in February 2005 and asked the Ministry whether EUROGOLD has carried out its legal and tax obligations in accordance with the relevant domestic regulations. The comprehensive right to information request involved 14 questions.
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