Category Archives: TRIBUNALES

(Español) ASEGURAN QUE TC IGNORO PRINCIPIO DE PREVENCION DEL DERECHO AMBIENTAL EN SENTENCIA QUE EMITIO RECHAZANDO AMPARO EN CONTRA DE PUNTA CATALINA

Sorry, this entry is only available in European Spanish.

Expert in Environmental Law affirmed LAJUN will certainly be sentenced

Environmental lawyer Euren Cuevas Medina, said that LAJUN CORPORATION, will be condemned in criminal courts, as provided by law and evidence. The jurist explains that article 174 of law 64-00 on environment and natural resources is clear when it criminalizes “Anyone who, by act or omission, transgresses or willfully violates this law and other provisions that complement it, incurs a crime against the environment and natural resources and, therefore, will respond accordingly. Thus, from any aggression or crime against the environment and natural resources arises an action against the culprit or responsible”.

LAJUN has prevented the solid waste generated by Gran Santo Domingo from being deposited in the dump of Duquesa, this being a public health and environmental service, a matter of fundamental right to guarantee a healthy and ecologically balanced environment as established by the Preamble of the Constitution of the Republic. The impediment by LAJUN CORPORATION has caused the proliferation of rats and all kinds of insects, in addition to the decomposition of the wastes that has caused many respiratory diseases in the areas, where there has been more accumulation, which has put in real danger the health of many people.

The situation has been so delicate that the Ministry of the Environment and the Ministry of Public Health were forced to declare the health situation of Gran Santo Domingo as a product of LAJUN’s irresponsible and abusive actions as a NATIONAL EMERGENCY. The jurist goes on to say that environmental authorities were obliged to act in accordance with the Precautionary Principle, which establishes that absolute scientific certainty is not required, so that preventive measures can be taken to prevent or stop environmental pollution, as in this case that pollution of the Great Santo Domingo, has been maintained for more than 2 months.

The sentence that can be imposed on the LAJUN company  can be up to 10 thousand minimum salaries as a fine, the cancellation of the environmental license, the work stoppage and for the administrators of the company can be sentenced up to 3 years in prison, unless it is not discovered that as a consequence of its action has people have deceased, because if someone has died from pollution by solid waste and its consequences of contamination and proliferation of rats and other rodents and insects, the administrators can be sentenced up to 30 years in prison , according to the dictates of article 183 of law 64-00, on environment and natural resources.

In environmental matters, the authorities are obligated to act because if they do not they can equally be sentenced with the same penalties as the person who committed the act, as provided in article 184 of law 64-00.

Euren Cuevas Medina
Executive Director of the Institute of Lawyers for the Protection of the Environment
(INSAPROMA)

Indignation in the face of a judicial decision – a sentence mocks victims – favors the guilty

Monday 17 July 2017

My indignation today,

The indignation I felt this afternoon was out of boundaries. I happened to have a hearing in the Santo Domingo Criminal Court, I represent the families of a young doctor of 30 years old who was run over along with his wife of 29 years, both Christian evangelicals and died as a result of the blows suffered by the collision, leaving his only child of 7 years orphan.

It turns out that from 2013 to 2016, the Boca Chica Peace Court has been torturing the family that had lost their children, but that was not enough, the judges admitting all incidents even though they have no basis from the lawyer of the insurance company and the accused and for three years hearings kept being postponed and on on top of that in the evil sentencing were it was determined that the driver who killed the young doctors was driving at high speed, without the headlight on and leaving the crime scene. Regardless, the judge who heard the case condemns to a minimum sentence the accused who killed the two people and since he had spent the last 2 years in prison, saw his prison term suspended so he may return to his home and in his spare time can do some community work somewhere, and as for the compensation, the insurance company, the owner of the vehicle and the accused, among the three, pay, for the life of the young deceased, two million pesos (US$42,000), a mockery to the families of the young deceased. Just the travel to court and notifications have cost as much. How then will we reduce traffic accidents, if the courts are incentives to continue to trample innocents on the streets. But this is nothing, we had also requested the suspension of the accused driver’s license but the judge understood that he could continue driving.

But what most displeases me today was that the lawyer of the insurance company tried once again to postpone or resubmit the hearing and could not because it was unfounded and the Court Prosecutor who is supposed to defend the interests of the State and of The society, asked for the adjournment of the hearing because we supposedly, as lawyers for the victims of the relatives of the dead, we had notified in the name of the lawyers and not the court, when we showed the summons to the judge and saw that the summons was a request of the secretary of the Court of Appeal of Santo Domingo. Then another incident was invented again requesting the postponement because the Court had not authorized us to notify. This attitude of the Prosecutor is questionable, since he is not a lawyer of the insurance company, nor of the accused, he is a lawyer in principle of the victims, but worse still this is the fourth hearing and the honorable judges know that those who must notify is the Clerk of the Court and in the past three hearings had never notified and those who have had to notify have been the victims assuming the role not exercised by the Clerk of the Court and until now were valid, but today the Judges of the Court decided to accept and resend the Hearing because it was not the Secretary who notified the third party civil defendant, knowing that if they leave it to the Secretary of the Tribunal this case will never be heard, because they do not notify, but also lawyers are ancillary to justice, bailiffs are part of the System of justice with public faith and with quality to notify, how it is that a notification is invalid if it was done at the request of the Secretary and by a bailiff of the system of Justice.

Please do not continue to deteriorate the Dominican justice system more than this, people do not believe in justice because of this kind of thing. Insurance companies and defendants make fun of victims because the courts act irresponsibly torturing the victims in favor of the insurance companies and the victimizers. To avoid that this becomes more unbearable than it is now, you have children just as we and we want those children yours and ours to grow up in a more just society.

Euren Cuevas Medina The indignant

Request that the Constitutional Tribunal (TC) apply a provisional suspension of all the activities of the commission created by decree 6-17 on Punta Catalina

Press release,

Monday, April 24, 2017,

Santo Domingo, D.N.

This morning, the lawyers of the National Committee to Combat Climate Change, CNLCC, asked the plenarium of the Constitutional Court for the provisional and immediate suspension of all current activities of the commission created by Decree No. 6-17, including citations, interrogations and any other diligence to be considered as subverting the constitutional order of the Dominican Republic.

Also lawyers Dario Coronado and Euren Cuevas, in their statement before the Constitutional Court, requested that Decree 6-17 and its commission be declared non-compliant with the Constitution, as well as any action arising from it.

They linked the unconstitutionality of Decree 6-17 and the commission of notables formed under this provision, to the unconstitutionality of the use of coal to generate electricity.

They pointed out that article 67-3 of the Constitution establishes as a duty of the State to promote the use of non-polluting alternative energy and technology in the public and private sectors, and in article 67-5, prevention and control of environmental deterioration factors.

“It has been proven scientifically and to the point of satiety that coal as fuel is the most polluting and harmful to the environment and that it affects the health of plants, animals and humans. Of all the possible fuels, the State and CDEEE chose the worst of all: Coal, “they said.

They observed that other options with the same capacity were possible, for less than half the price, and with much cleaner fuel, but coal was chosen, despite the international commitments adopted by the Dominican Republic to reduce pollution and carbon dioxide emissions.

They ruled out that the commission created by Decree 6-17 had the faculty, capacity and willingness to examine the unconstitutionality of the use of coal and to investigate Odebrecht’s bribes, frauds, overvaluation and other illicit crimes in the construction of The Punta Catalina coal plants.

They defended the right to constitutional protection of citizenship within the framework of articles 68 and 69 of the Constitution on the guarantees of fundamental rights and effective judicial protection.

They argued that citizenship is directly affected by bribes, overvaluations and other crimes perpetrated in the construction of Punta Catalina coal plants that deplete state resources to provide quality basic services to the population.

They also mentioned that the violation of the separation and independence of the public powers weakens the guarantees of an effective Rule of Law.

Both lawyers stated that Decree 6-17 violates Article 4 of the Constitution that establishes the division and independence of public powers.

They pointed out that the commission of notables created by Decree 6-17 replaces and abrogates the functions of the Public Prosecutor’s Office, which is the body of the justice system that directs the criminal investigation and exercises public action on behalf of society, according to Article 169 Of the Constitution.

They explained that this decree and the commission created by it stems from the fact that Odebrecht confessed on December 21 to judicial authorities in the US, Brazil and Switzerland that he had paid $ 92 million to Dominican officials to obtain the works Awarded between 2001 and 2014.

They affirmed that it is an investigation of a criminal act typified and punished by Law 448-06 on bribery in the commerce and in the investment, and therefore this investigation beholds a criminal character that is  inherent to the Public Ministry.

They said that article 128 of the Constitution that is cited by the decree to justify the appointment of this commission, does not include the attribution of creating this type of commission or delegate to other bodies or figures investigative powers and control or control, own and to The jurisdictions already exist, including as constitutional bodies and other branches of government.

“The nullity of any law, decree, resolution, regulation or act contrary to the Constitution and those that alter or subvert the constitutional order are very clearly stated in articles 6 and 73 of the Constitution,” they clarified.

“Can we hope to obtain the recognition of a right in the last and highest tribunal of the Republic, the Constitutional Court, or are we alone at the mercy of the strength of our arms? Will we only have the resource to seek justice in the streets? “Asked Coronado and Cuevas.

The request for review of unconstitutionality is signed by Rafael Enrique de León Piña, Domingo A. Acevedo, David Montes De Oca, Carlos L. Sánchez Solimán, Dolores Paulino, Demetrio Turbí Ortíz, among others, all belonging to the National Committee to Combat Climate Change, CNLCC.

In addition to Coronado and Cuevas, lawyers Yovanny Díaz and Miguel Ferreras.formed part of the bar of the CNLCC.

Read the defense document before the Constitutional Court (Spanish only):

Download

 

NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC

Solicitan al TC la suspensión provisional de todas las actividades de la comisión creada por el decreto 6-17 sobre Punta Catalina-DSC_0014

Enrique de Leon, spokesman for the National Committee to Combat Climate Change, CNLCC said that the direct action of unconstitutionality against the Punta Catalina commission, the body interposed on behalf of the thousands of people who are mobilizing in the Marchas Verdes (Green Walks) for the end of impunity.

 

Solicitan al TC la suspensión provisional de todas las actividades de la comisión creada por el decreto 6-17 sobre Punta Catalina-DSC_0034
The lawyer Euren Cuevas explains that Decree 6-17, with the creation of the commission of Punta Catalina, supplants the Public Ministry that is part of another independent power of the State, which is in violation of the Constitution of the Republic.

“The president of the republic can not collide with the investigations that the prosecutor of the Republic is doing, because constitutionally criminal acts are investigated by the prosecutor in function of article 169 of the constitution of the Republic”

Press release

April 24, 2017

Interview with the executive director of INSAPROMA Mr. Euren Cuevas Medina at the conclusion of the hearing today in the Constitutional Court on Monday and left in state of judgment the appeal against the presidential decree that created a commission to evaluate the bidding process of Punta Catalina.

The direct action of unconstitutionality submitted by the members of the National Committee to Combat Climate Change against Decree 6-17 of the Executive Power:

See interview

See full article in Diario Libre

CONSTITUTIONAL COURT WILL HEAR NEXT MONDAY ACTION OF UNCONSTITUTIONALITY AGAINST PUNTA CATALINA COMMISSION

Press release,
Saturday, April 22, 2017,
Santo Domingo, D.N.
The plenary of the Constitutional Court will hear, on Monday, April 24, the direct action of extreme urgency of unconstitutionality filed by the National Committee to Combat Climate Change, CNLCC, against Decree 6-17 that formed the commission of notables investigating the tender and award of the contract of Punta Catalina to Odebrecht.
The hearing will be held from 9 am this coming Monday, in the Augusta Chamber of the Supreme Court of Justice, located in the Center of Heroes of this city of Santo Domingo, as ordered by Hearing Order number 15-2017 of April 8 last, signed by the magistrates Milton Ray Guevara and Julio Rojas Báez, respectively president and secretary of the Constitutional Court.
The group invited the citizens to attend this hearing to be held “precisely on the day that commemorates the Constitutionalist Revolution of 1965, so that we defend the citizenship tutelage on the Constitution and the division and independence of the Public Powers, base of our Constitutional regime. “
On February 21, the CNLCC deposited this unconstitutional action before the Constitutional Court, requesting that Decree 6-17 be declared non-compliant with the Constitution and invalidating the commission that constituted it.
The entity bases its direct action on unconstitutionality in articles 36 and 37 of Organic Law 137-11 of the Constitutional Court and of the Constitutional Procedures of June 13, 2011, which establishes that this action may be filed, at the request of the President of The Republic, a third of the members of the Senate or the Chamber of Deputies and any person with a legitimate and legally protected interest.
It considers that the Executive has abrogated an attribution that Article 93.2 of the Constitution grants the National Congress to establish commissions with criteria of auditing and control.
It affirmed that the President of the Republic can not be above the institutionality and overlook the division and independence of the public powers.
“Only the Trujillista Culture prevailing still within Law Professionals, can accept that the President is invested of all the powers and therefore can act like a monarch above the law and of the other public powers”.
It stated that in article 128 of the Constitution of the Republic cited by Decree 6-17, does not confer on the President of the Republic the prerogative to appoint these types of commissions or delegate to other bodies or figures powers of investigation and auditing or control , and for which there are already jurisdictions of this nature of constitutional bodies and other powers of the State.
It cited Article 6 of the Constitution which states that “all persons and bodies exercising public powers are subject to the Constitution, supreme and fundamental rule of the legal system of the State. Any law, decree, resolution, regulation or act contrary to this Constitution shall be null and void. “
It described this decree, its commission and its actions, attacks on the rule of law, good administration, good justice, division of powers and all logic of criminal investigation in complex cases.
It put forward in the appeal of unconstitutionality that the commission that makes up Decree 6-17 is parallel and conflicts with State institutions that have been created by law such as the Office of the Attorney General, the Chamber of Accounts and the General Directorate Of Public Contracts.
It pointed out that a power can not audit itself, creating a commission to its measure and conformed by members with manifest and irreducible conflicts of interest with the object of the investigation.
It also rejected that a commission created by the President of the Republic has the power to handle issues that are jurisdictional, from a constitutional body such as the Public Ministry.
It informed that the lawyers who will present before the full Constitutional Court by the entity will be Darío Coronado, Euren Cuevas, Yovanny Diaz, and Miguel Ferreras, among others.
The request for review of unconstitutionality is signed by Rafael Enrique de León Piña, Domingo A. Acevedo, David Montes De Oca, Carlos L. Sánchez Solimán, Dolores Paulino, Demetrio Turbí Ortíz, among others, all belonging to the National Committee to Combat Climate Change, CNLCC.
NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC
Annex: Unconstitutionality Act of Extreme Urgency of Decree 6-17, filed before the Constitutional Court by the National Committee to Combat Climate Change, CNLCC, February 21, 2017.
Constitutional Action in Nullity of Decree Vf.1
(SPANISH)
Caption: Delegation of the National Committee to Combat Climate Change, CNLCC, handed over on February 21, an unconstitutionality action of Decree 6-17 to an official of the Constitutional Court.

Radio interview with Euren Cuevas Medina in Puerto Rico, on the case of Rockash dumped in Arroyo Barril, Samaná and Montecristi by AES

Interview with environmental expert Euren Cuevas Medina on a Puerto Rico radio station on the case of Rockash dumped in Arroyo Barril, Samaná and Montecristi by AES, as a result of the presentation made by the president of AES Puerto Rico in the Senate of Puerto Rico.

LISTEN TO THE INTERVIEW (in 2 parts – Spanish):

Entrevista, parte 1

Entrevista, parte 2

THE ORGANIZED CIVIL SOCIETY OF BAJA CALIFORNIA SOUTH FIGHTS SEMARNAT AUTHORIZATION FOR MINING EXPLOITATION IN PROTECTED NATURAL AREA.

Press release:

North Carolina

Los Cardones Project

The Federal Administrative Court decrees the nullity of the authorization that SEMARNAT had granted to the mining project “Los Cardones” for open-pit mining.

The project is located within the Sierra la Laguna Biosphere Reserve, in the municipality of La Paz, B.C.S., Mexico.

Based on a nullity suit filed by the Citizens’ Front in Defense of Water and Life (FRECIUDAV), the judiciary declared null the authorization granted by the Ministry of the Environment and Natural Resources (SEMARNAT) to the Los Cardones mining project, which was intended to develop open-pit mining activity in Baja California Sur, so the unit must issue a new resolution where it considers the conclusions set forth in the judgment.

The above implies in practical terms that the promoting company is no longer authorized to endorse the environmental impacts of its project. The decision taken by the Tribunal does not imply in any way that the new resolution issued by the Directorate General of Environmental Impact (DGIRA) of SEMARNAT must be favorable to the claims of the mining company.

In the judgment issued on February 9 of this year, the Court establishes that the Environmental Impact Assessment Procedure was not respected by the law in the matter, in the sense that productive activities in the buffer zones of Biosphere Reserves, can only be carried out by the communities that live there at the time of issuing the Declaration or with their participation.

“This is a fact that sets a precedent at national and even international level, we have managed for the fourth time to stop a mining mega-project that threatens our water and, therefore, our quality of life. The Citizen Front will continue working on the generation of legal instruments that will shield the state against the threat of mining mega-projects.

We trust that with this extremely important triumph achieved by all the South Californians who have contributed in this way to this citizen movement, public servants are aware of the importance of citizen participation in environmental management. Irina Trasviña, an official spokeswoman for FRECIUDAV, commented.

The area in which the mining activity was intended to be carried out is a Natural Protected Area (ANP) in the Biosphere Reserve modality, known as the Sierra La Laguna, the main source of fresh water supply for the south of the State. This decree dates from June 1994 and its management program from 2003. It is also listed on the World Network of Biosphere Reserves of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and in the priority sites for the conservation of the National Commission for the Knowledge and use of Biodiversity (CONABIO).

According to the promoter of the mining project, it was intended to occupy an area of 543 hectares distributed in a mining site (two cuttings, limestone mining, tailings dam, process plant and pluvial protection works), a 36 km aqueduct that would connect with a Desalination plant located on the Pacific coast, the opening of an access road, in addition to other infrastructures. All of the above, despite the fact that the ANP Sierra la Laguna decree prohibits within the reserve, “to dump or discharge pollutants into the soil, subsoil and in any kind of water current or reservoir, and to carry out polluting activities.”

“The organized civil society of Baja California Sur fought against toxic mega-mining on the three potential fronts: it smashed it into social networks, stopped its operation from civil resistance, and triumphed in the judicial contest in court. We are the first community in Latin America to succeed on all three fronts and stop the mining activity, before the start of its operations, “said Arturo Rubio Ruiz, legal counsel for FRECIUDAV.

Until today the Los Cardones project had tried several times to operate, with different names: “Paredones Amarillos” from the 90’s until 2010, then owned by the Canadian company Vista Gold; “Concordia” in 2010 and “Los Cardones” in 2011 and 2012. The company Vista Gold subsequently sold the project to the Invecture group (having as its main shareholder Ricardo Salinas Pliego) in 2013, which operates through the subsidiary “Desarrollos Zapal, SA Of C.V. “

Since 2014, with the participation of 37 Civil Society Organizations, FRECIUDAV has been integrated to lead a totally non-partisan movement, whose main objective has been to protect water supply sources and to curb the impulse of mining companies that intend to settle in the State, due to the serious environmental, social and economic impacts that these projects entail.

Citizen Front in Defense of Water and Life (FRECIUDAV)

Mallorca No. 1103 esq. Marcelo Rubio, Col. California, La Paz, B.C.S., 23070 Mexico

Tel. 612 1273464

(Español) Piden al Tribunal Constitucional que suspenda todas las actividades de la comisión que investiga el contrato de Odebrecht de Punta Catalina y la declare inconstitucional

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(Español) Colectivo somete al procurador por prevaricación ante el caso Odebrecht

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