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12.11.2009 16:00:00
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CORRECTION: AS Järvevana discovered an illegal surveillance activity
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Correction: Added complementary file. Company Announcement follows: This morning the court hearing on the so called land-swapping case, in which AS Järvevana is involved in, commenced in the Harju County Court. Attorney at law Leon Glikman, counsel of AS Järvevana and Mr. Toomas Annus presented the court with a letter from the chairman of the Harju County Court in response to an enquiry made by the attorney. The letter implies that the Chairman of the Harju County Court (letters no 8-1/17 and 8-1/3) appointed judges Orvi Tali and Eda Murak to approve police surveillance onward from January 5th 2009. The legal counsel presented the documents as according to Code of Criminal Procedure (paragraph 24, section 4) surveillance activities can only be approved by the Chairman of the court or a judge appointed by the Chairman. As judges Orvi Tali and Eda Murak were authorized to do so only starting on January 5th this year, they were not entitled to give out any such permissions between December 14th 2005 and August 17th 2006, when they have nevertheless given 9 such authorizations. According to paragraph 111 of the Code of Criminal Procedure, numerous State Court rulings and positions put forward by the European Court of Human Rights, any breach of proper procedure in authorizing surveillance procedures automatically renders any material gathered through the surveillance ineligible for court. Accordingly attorney at law Leon Glikman requested the removal of illegally produced surveillance material from the file. AS Järvevana asserts that regardless of the court`s decision on the eligibility of the material and court ruling, AS Järvevana is committed to protecting its rights in the case through all court institutions where a citizen or registered company of a EU member state is entitled to turn to. Also, AS Järvevana expresses hope that no new documents regarding the authorization of surveillance practice are produced throughout the proceedings or after the fact. AS Järvevana again confirms that, having gone through all legally and illegally compiled material, we are certain that all land-swapping transactions that we are aware of are done legally. Toomas Annus Member of Board +372 6 805 400 toomas.annus@merko.ee