Claudio Andrade
04/13/2021 8:42 PM
Clarín.com
Society
Updated 04/13/2021 8:42 PM
The Neuquén Justice rejected the precautionary measure filed by the lof Paichil Antriao with the purpose of restoring a piece of land in Villa La Angostura that members of that Mapuche community claim as an ancestral space.
At the same time, they were required to
return the disputed area
, now forcibly occupied, to its rightful owners as soon as possible.
The surrogate judge Luciano Zani of Junín de los Andes stated that the historical presence of the families of Elma Quiroga and José Miranda in the specific property that they claim as their own was not proven.
Quiroga and Miranda's claim already had the unfavorable rulings of the Appeals Chamber and the Superior Court of Justice.
The
legal conflict has been going on for 16 years
.
The inn La Posada, occupied on Saturday, is owned by the company TIJE, with which the lof Paichil Antriao maintains the litigation over an area of 10,000 m2
The Mapuches had argued, in those first two instances and also in the latter, that Law 26,160 should be applied, which suspends the evictions of indigenous communities until the territorial surveys are completed.
For Judge Zani, the aforementioned law is not relevant in the present conflict either.
Last Saturday the Mapuches had usurped the property where the TIJE company La Posada inn stands, with which they are holding the dispute over an area of 10,000 m2.
Regarding the precautionary measure, the judge recalled the rulings of his colleagues: “A final judgment has already been issued declaring that the property is not subject to current, traditional, public and accredited possession by the Mapuche Community triggered by what was estimated the provisions of Law 26,160 are inapplicable ”.
One of the historical foundations that the lof Paichil Antriao took to court is that in 1902 members of the Mapuche community received 650 hectares from President Julio Argentino Roca for their participation in the ranks of the Argentine Army.
Only 120 hectares of that old Colonia Pastorial remain in Mapuche hands, they have denounced from the lof.
“The defendant (the Paicil Antriao Community) claims that the sentence relapsed in the sentence - which is already liable to be executed - is not fulfilled until the INAI completes the technical-legal-cadastral survey of the ownership situation of the lands it occupies. .
Since the collection of instrumentality is not verified, the measure cannot be classified as precautionary, ”Zani sentenced.
And it concludes: “Consequently, the sentence is
in a state of being executed
, since -according to the same party- only the complaint appeal before the Supreme Court of Justice of the Nation is pending resolution, the filing of which has no effect. suspensive ”, he detailed.
At the end of March, the surrogate judge of Junín de los Andes, Andrea Di Prinzio, ordered the restitution of the property.
Given the imminence of the execution, the Mapuche community entered the La Posada inn.
In short, for the Justice the 10,000 m2 land was
legally acquired
, first by the individual, Carlos Alberto Popik, and then by the TIJE company, to whom Popik sold in 2005, while the Paichi Antriao have not shown elements that justify their ancestral presence at this point in the town.
LM
Look also
A month after the fire in the Cordillera, a thousand people are on the street and there is no progress on what caused it
Patricia Bullrich launched a movement against land seizures