The Supreme Court of Justice rejected the record Machado juana and other, involving 1,200 individuals, with the sponsorship of Falicof lawyer Hector, who initially demanded the binational entity Yacyretá, EBY, by $ 400 million, an amount that in prior judicial proceedings was down to settle at the current 8 and 9 million of that money.
The high court overturned a ruling that required the binational entity financially reward a group of people who demanded full compensation based on the harm that allegedly had caused the Yacyretá.
The plaintiffs, including former Argentine and Paraguayan land people "ancestors" that in 1994, were flooded by rising the level of the Paraná River, said they had lost their jobs as a result of the actions carried out by entity for the construction of a hydroelectric dam, which would have unduly restricted the natural resources in affected areas the dam. They also expressed that it had reduced the quantity and quality of fish caught, and the disappearance under the waters of the places where it operates.
The Court concluded that it can be arranged with individuals within the framework of the law of expropriation, compensation based on the use of public space and that a different conclusion would lead to the absurdity of making the state the guarantor of hypothetical economic benefits without any legal obligation to do so. Judge Zaffaroni
dissenting vote and sent to keep what was said in a similar cause, in which the Court ruled against the claim Fisher damages, Juan Carlos Ramirez. In that case, known on June 6, Zaffaroni said the Constitution requires the State to "preserve the environment and, therefore, that integrates wildlife." The judge of the Court emphasized that the obligation of the state is even greater when environmental conditions depend on traditional sources of cottage industries.
In the case of Ramirez, which was Zaffaroni said that the construction of the dam progressed on their usual means of survival. Hector Edgardo
Flicoff Counsel, legal representative of the victims, said: "In the two banks of the river, flooding the construction of the dam killed about 80 000 victims, of whom about 1200 were on trial. Now the only way left is to appeal to international organizations (the Inter-American Court of Human Rights or the International Court in The Hague.) We say that the ruling of the Court constitutes a violation of articles 1 and 6 of the Code of Economic, social and political, signed in 1966 at the United Nations, of which Argentina is a signatory and, therefore, is bound to respect. "
The high court overturned a ruling that required the binational entity financially reward a group of people who demanded full compensation based on the harm that allegedly had caused the Yacyretá.
The plaintiffs, including former Argentine and Paraguayan land people "ancestors" that in 1994, were flooded by rising the level of the Paraná River, said they had lost their jobs as a result of the actions carried out by entity for the construction of a hydroelectric dam, which would have unduly restricted the natural resources in affected areas the dam. They also expressed that it had reduced the quantity and quality of fish caught, and the disappearance under the waters of the places where it operates.
The Court concluded that it can be arranged with individuals within the framework of the law of expropriation, compensation based on the use of public space and that a different conclusion would lead to the absurdity of making the state the guarantor of hypothetical economic benefits without any legal obligation to do so. Judge Zaffaroni
dissenting vote and sent to keep what was said in a similar cause, in which the Court ruled against the claim Fisher damages, Juan Carlos Ramirez. In that case, known on June 6, Zaffaroni said the Constitution requires the State to "preserve the environment and, therefore, that integrates wildlife." The judge of the Court emphasized that the obligation of the state is even greater when environmental conditions depend on traditional sources of cottage industries.
In the case of Ramirez, which was Zaffaroni said that the construction of the dam progressed on their usual means of survival. Hector Edgardo
Flicoff Counsel, legal representative of the victims, said: "In the two banks of the river, flooding the construction of the dam killed about 80 000 victims, of whom about 1200 were on trial. Now the only way left is to appeal to international organizations (the Inter-American Court of Human Rights or the International Court in The Hague.) We say that the ruling of the Court constitutes a violation of articles 1 and 6 of the Code of Economic, social and political, signed in 1966 at the United Nations, of which Argentina is a signatory and, therefore, is bound to respect. "
Assembly members are nearly ten years of claims, "each category of worker will receive the amount fixed by the court, there are commercial and subsistence fishermen, small, medium and large brick, the amount due will be based on the activity of each settler injured. " "The claim is based on serious work with the participation of experts appointed by the parties through forensic anthropological studies. It fell to Judge Chavez, the first instance, appoint experts, starting with Dr. James, Rector of the Universidad Nacional de Misiones, an expert in anthropological sciences and former dean of the Faculty of Humanities, thus reflecting the lawyer Falicoff, leaning against the walls of the infamous home of blind justice.
In the press release submitted by the Yacyreta victims, who were mobilized to courts, they argue, "We seek a favorable ruling, global involvement and the 1200 families who were affected by the construction of the dam Yacyretá a plain which flooded thousands of hectares of productive land on both sides Paraná River. Here are Argentina and Paraguay, and most of the Aboriginal community Mbya-Guaraní. "
In the press release submitted by the Yacyreta victims, who were mobilized to courts, they argue, "We seek a favorable ruling, global involvement and the 1200 families who were affected by the construction of the dam Yacyretá a plain which flooded thousands of hectares of productive land on both sides Paraná River. Here are Argentina and Paraguay, and most of the Aboriginal community Mbya-Guaraní. "
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