The Supreme Court of Justice of the Nation admitted the complaint resources that had been presented by the Public Prosecutor of the Nation and the General Staff of the Army and, consequently, it decreed the suspension of the process of transfer and adjudication of some 180 hectares to the Mapuche community Millalonco Ranquehue, of Bariloche. These are the lands that the Mapuche community disputes with the Argentine Army.
The members of the Supreme Court Horacio Rosatti, Carlos Rosenkrantz, Juan Carlos Maqueda and Ricardo Lorenzetti issued this Wednesday the ruling that “decrees the suspension of the course of the process”. The resolution it does not deal with the substantive issue that is under discussion in relation to the ownership of the lands disputed by the Army and the Mapuche community.
The ministers of the Court rThey briefly recalled the route of the case that originated from the amparo action that the Millalonco Ranquehue community presented at the end of 2021 against the national State, the Army and the National Congress to be recognized as community property over some 180 hectares in Bariloche.
The then federal judge Silvina Domínguez ruled at the beginning of February of last year to admit the amparo and ordered the National Institute of Indigenous Affairs (INAI) to transfer ownership of community land to the Mapuche community free of charge. He gave a peremptory deadline.
The sentence of Domínguez, who was subrogating at that time the federal court of this city, it was finalized because the legal representatives of the national State and the Army appealed after the deadline. Therefore, the Federal Appeals Chamber of Roca confirmed it.
Suspicions and complaint
When the news broke, a strong controversy arose because theSuspicions were directed at some of the Defense Ministry lawyers because they did not file appeals diligently. For this reason, national deputies from Together for Change denounced the incident at the federal prosecutor’s office in the city of Buenos Aires. Prosecutor Carlos Stornelli promoted the complaint and began to investigate the facts denounced.
While, The Public Prosecutor of the Nation and the Army challenged before other higher courts the decision of the Chamber of Roca. These resources put the transfer of the land on hold.
The complaints filed reached the Supreme Court, which resolved this Wednesday suspend the land transfer process ordered by the judgment of first instance, which the federal judge Gustavo Villanueva, who subrogates the federal court of Bariloche, intended to execute, according to the resolution to which RÍO NEGRO agreed
“The decision to carry out the sentence in this context is not only institutionally serious, but alsoIn addition, it shows the urgent need to adopt a measure that preserves the jurisdiction of the Court, avoiding the occurrence of grievances that require subsequent reparation that are very difficult and prevent the issuance of a useful sentence in the case”, affirmed the judges of the Supreme Court.
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