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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)

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