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The Court ordered to suspend the delivery of land from the Army to a Mapuche community

2023-03-29T23:31:08.924Z


Unanimously and invoking reasons of 'institutional gravity', the highest court stopped the execution of a sentence that ceded Army land.


With the signature of its four ministers, the Supreme Court of Justice declared the complaints filed by the Argentine Army and the Public Prosecutor's Office admissible, and ordered the suspension of the course of the process processed before the Federal Court of San Carlos de Bariloche regarding the delivery

of 180 hectares that are in use by the Army for a Mapuche community.

As a result of the amparo action initiated by the Mapuche Millalonco-Raunquhue Community, the Bariloche court had ordered the National Executive Power that "within 60 days - from the date this sentence becomes final - transfer free of charge,

to

the National Institute of Indigenous Affairs, the domain of the lands whose measurement was approved by Resolution 1174 of the INAI, for the purposes of

its adjudication -immediately- in property of the acting community

”.

In other words, the government was ordered to transfer ownership of the lands in dispute to the Mapuche group.

The Federal Court of Appeals of General Roca considered that the appeal filed by the Argentine Army to prevent this assignment

 had been untimely

, therefore it rejected the appeal.

Both the Army and the Public Prosecutor's Office

filed extraordinary appeals

to reach the Court, which were denied.

Therefore, they went to her in complaint.

At the same time, a criminal file was initiated in which the actions of the Army lawyer and other officials of the Ministry of Defense are being investigated, under the hypothesis that

an order had been issued to let the deadlines expire.

Within the framework of this criminal case, the justice ordered a precautionary measure

preventing national administrative bodies from making any type of decision

that implies transferring land ownership.

Subsequently, on March 17, the subrogating federal judge of Bariloche upheld the Mapuche community's request and ordered the execution of the sentence, granting the National State

a period of 30 days to effectuate the transfer of land.

It is within this framework of institutional gravity that this Wednesday the Court decided to suspend the course of the process, without this implying a decision on the merits of the matter.

Source: clarin

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