The president of Chamber I of the Buenos Aires Federal Chamber,
, intimidated the substitute judge of Bariloche, Gustavo Villanueva, for
disobeying a judicial order
not to advance in the delivery of land from the Army in favor of a Mapuche community.
On March 17, the Patagonian magistrate had ordered the National Executive Power to register the hectares claimed by a Mapuche community.
In judicial dispute there are 180 hectares affected since the 1960s to the
Mountain Military School of the Juan Domingo Perón Army.
It was the Millalonco Ranquehue community that claimed to possess the ancestral rights over said extension of land.
The case initiated in 2012 led to an amparo in favor of the native community, within the framework of which various public bodies were summoned: INAI, the National Congress, the Ministry of Defense and the Ministry of Justice and Human Rights, leaving In charge of the INAI the representation of the national State by virtue of the theme.
The deputy judge of Bariloche,
signed the resolution through which she upheld the claim filed by the Millalonco Ranquehue Mapuche Community and, consequently, ordered "the National Executive Branch to, within 60 days of that this sentence be final, transfer free of charge, to the National Institute of Indigenous Affairs, the domain of the lands".
In order to reverse the decision of the federal court in Bariloche, and by order of Defense Minister
, last year the Argentine Army presented the Extraordinary Appeal before the Supreme Court of Justice of the Nation to the Chamber of General Roca.
The armed institution is the legal custodian of the
where the instruction area of the Juan Domingo Perón Mountain School is located.
In turn, the federal courts are investigating the actions of the Army that appealed the decision to hand over the land outside the legal terms, leaving that court decision final.
In the midst of this dispute, Comodoro Py signed two decisions: at the end of 2022, Judge Daniel Rafecas reiterated to the Río Negro government that the Real Estate agency register that these lands are under judicial investigation
they cannot change of owner until the process is finished.
In turn, Rafecas, who had rejected a request from prosecutor Carlos Stornelli to "not innovate" on those lands -that is, not hand them over- revoked that decision and prohibited any change until all judicial discussions are resolved, including the one initiated by the Army. before the Court.
The immediate effect of this measure is the impediment of the production of
any administrative act
by the National Executive Power, the National Institute of Indigenous Affairs or "any other public body that might be competent to transfer ownership of the lands whose measurement was approved by Resolution No. 1174 of the National Institute of Indigenous Affairs (INAI)”.
Despite this, in a resolution agreed to by
, Judge Mariano Llorens explained this Monday that the new substitute judge of Bariloche on March 17 "intimidated the National Executive Power to register (of the 180 hectares), ignoring the order given not to innovate, to prevent those lands from being transferred, until the judgment has a final decision".
Given these circumstances, the chambermaid referred harshly to Judge Villanueva for "the inaction shown by the grade judge who, despite the express indications of his Superior, during all this time has omitted to observe the orders that were addressed to him already Two occasions".
The summons formulated to the national Government by the justice of Río Negro was informed to the Federal Chamber of Buenos Aires by the prosecutor before said instance,
José Agüero Iturbe
For this reason, Judge Llorens said that "this communication requires me to remind the magistrate of the obligation that weighs on his magistracy to adapt his procedure to the indications of this Chamber."
Next, the Bariloche judge was ordered to "
give urgent compliance"
to Rafecas' request, who told him on two occasions that the province should register that these lands cannot change their ownership until the judicial dispute is resolved.
It was ordered that the Bariloche court "issue the corresponding official letters, in order to carry out any alteration of the respective entries in the Property Registry linked to the disputed lands":
The proposal was made "
under the warning of incurring in disobedience
and, consequently, of sending a copy of what is revealed here to the Council of the Nation's Magistracy in order to analyze the conduct evidenced" by the substitute judge of Bariloche.
The disobedience to the resolution of the Chamber
"favors the claim of the Mapuche
Millalonco Ranquehue community, which claims the lands of the Argentine Army in the area. While the debate on the claim of the Executive Power is still open, despite the appeal outside of terms that resulted in this situation," said chambermaid Llorens.
The controversial ruling by Judge Domínguez, who handed over the 180 hectares, turned on a warning light.
Patagonia there are 50 judicial files with claims of the same characteristics.
In Bariloche alone, of the 3,500 hectares that the Army has in custody, 2,800 are being claimed in court by eight Mapuche communities.
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