Tuesday, November 20, 2007

Drivers Ms Pro Magic Gate

A death that is no rest, no justice


A death is not no justice
break

* Son of former prosecutor who owns the taxi killed Fernando Flores Gutierrez.
* Driver prevented his SOAT cover medical expenses. Flores died after four hours of agony. Judicial process even without result.


Vistaprevia / Hugo Mendoza CH.

death in a fatal traffic accident Fernando Flores, over a year and a half, still no rest. His son Hector Flores Concha, since then he has stopped demanding justice, amid outrage reached the front chained the judiciary in Lima. It is believed that the death could be avoided. Flores
The agony of more than four hours had not expected assistance, Marco Antonio Alvarez Chalco (Tico taxi driver plate model EH9317) which caused death, it took 45 minutes to move from near the Parque de la Esperanza Cemetery (Cerro Colorado) scene, to San Juan de Dios Hospital.
Alvarez did not provide the SOAT to be treated the patient, saying that he had not hit, so they had to be taken to hospital Honorio Delgado. The dosage ethyl determined that at the time of the accident was drunk Álvarez (1.16 g / l). Also had driver's license suspended. Doctors in San Juan de Dios Alvarez said they fled. Just after the death of Flores was determined that the vehicle had SOAT.
After the death of Flores, 23 April 2006, new evidence came to light, plus there is more of an interest that Chalco Alvarez is free from all blame. It turns out the owner of "Tico" is Royce Oppe Marquez Jesus son of former prosecutor Lorenzo Marquez Medina, the curious thing is that the former prosecutor has been an attorney for Alvarez. The indictment
Attorney December 15, 2006, the Prosecutor Jesús Bueno Cardenas of the First Provincial Criminal Prosecutor states that Royce Oppe Marquez is the third civil responsibility in the death of Flores. It also determines ask 6-year custodial sentence for Alvarez for the crime of culpable homicide and against the judicial function (leakage accident), plus civil damages of 10 thousand soles.
of the indictment to sentence (file-1JEP 1275-2006) given by the judge of the first Freddy Apaza Noblega Specialized Criminal Court (the July 20, 2007) things have changed. The minutes of
sentence reads, Alvarez was acquitted of the offense against the judicial function (leakage accident), but is determined to be the perpetrator of manslaughter, he imposed custodial sentence freedom of 4 years and a civil compensation of 25 thousand soles.
For the son of the late Hector Flores Concha penalty that was imposed has been benign, "the death of my father was able to avoid the driver knew my father, who was delayed more than 45 minutes is taken to hospital My father died from bleeding, "he says.
also alleges "For me this is actually a homicide to murder can not go unpunished, justice should be punished as such"

judges have not taken account of the crime of common danger, for being drunk Álvarez. Hector reports that his father had health insurance. In the San Juan de Dios Hospital and in the late Honorio Delgado entered as NN, so the SOAT did not help.
In sentencing the prosecutor presenter Cesar Salas Mendoza was happy with the verdict, did not appeal, but he appealed was Alvarez.
Currently this process is vented into the Third Criminal Chamber composed of the members Toya Fernando Zavala, Cecilia Quintanilla Aquise Aquiles Diaz Berrios. The members have great responsibility in determining the guilt or innocence of Marco Antonio Alvarez.

Are There Any Good White Jokes

report suspicions of favoritism in


* unhappy union for wage increases of only 12 230 workers.
* The benefits include the wife of former regional president Daniel Vera Ballon.

Vistaprevia / Hugo Mendoza CH.

When the institution-wide salary increase is received with great appreciation for the workers in the company SEAL-versa. It happens that the current directors of the entity that has been taken over by the APRA party, approved a salary increase to only 12 people favors. The benefits include the wife of former regional president APRA, Daniel Vera Ballon.
Thus, the Union has spoken bluntly rejected such an attitude to which they have described as unfair and discriminatory. The increase in some cases up to 300 soles. According
leaders SEAL officials have not conducted a study in the table Renumber to determine the increase in wages. The weekly had access to the Office N º 098-2007-SUTSEAL addressed to the chairman Mauricio Chirinos, where the Trade Union of Workers of the company shows its dissatisfaction with the increase in salaries to only one group of people.
Union members express their rejection indicating it has proceeded without any criteria of justice or fairness. The letter was sent on 13 September 2007.
Another situation that attracts attention is the fact that it has increased only to workers who are not unionized. Those in the Trade Union of Workers have not benefited.
to the secretary of the Workers Union, Richard Llosa increases should be consistent with solid arguments. "The increase should be more base, there is a disorder in the salary table of renumbered, they are not the only professionals who deserve the increases" she says.
explanations by the General Manager referred to the wage increase did not convince workers SEAL. Management notes that the measure because he made a special skill which found that some servers have more elaborate work. For example, two secretaries earn less than others doing similar work, some professionals have more responsibility.
But the union's arguments were not enough and have indicated that failure to establish a picture of salary statements for the year 2008 there is the possibility of going on strike. CALL RECALL


On the other hand, workers through a flyer distributed last Thursday during the protest, called for an end to the harassment at work and demanded the immediate dismissal of the official Albornoz Jorge Yanez. State that has settled improper conduct that harms the dignity desafianzado the union. Percy


FAVORED
Rony Castillo Fanny Valencia

Amparo Rendon Veronica Valdivia Granda
Berenguel

Gustavo Miguel Miguel Carpio
José Gonzáles Ibarcena


Giancarlo Salazar Jaime Pérez Josué Tapia

*67 Block Number On Cogeco

SEAL accused Cerro Verde for environmental offenses Mayors conference


* More than three thousand plantation of Tara would be affected by contamination in Yarabamba.

Vistaprevia / Hugo Mendoza CH.

The dispute over the ownership of land in Yarabamba between Sociedad Minera Cerro Verde and the Association of Agroecological Producers South Industrial (APIAES) increasingly is taking new directions. Farmers are now reported to the mining and environmental crime.
turns out that according APIAES partners, more than three thousand Tara tree plantations are being affected by mining pollution. "Our plantations have been seriously affected by the dust you see in the leaves of plants," said Felix Bejarano, President of APIAES.
"Next week will formalize the criminal complaint for environmental crime, safeguarding the environment," he added. Further notes that APIAES is scheduled to plant more than 100 thousand trees of Tara.
recently VISTAPREVIA found that levels of PM10 (particulate matter) in the district of Yarabamba exceed air quality standards at its annual measure. Cerro Verde The company hired a consultant who incredibly concluded by saying that the presence of PM10 is because grass is burning in the area.
This is more than ridiculous, since in the catchment area of \u200b\u200bthe mine in Yarabamba no pasture. The area is arid.
And the best proof that the company pollutes, gave the Department of Environmental Health, and its results published in this weekly. There was a clear distinction that the presence of particulate matter in Yarabamba is high.
On the other hand, farmers in the district have shown their displeasure by mining operations in "Black Mountain."
"The explosions are strong, it feels as if it were an earthquake, some homes have opened cracks and crevices, said a local villager. This has to be corroborated by competent authorities. UNCOMFORTABLE TRIAL


More than three years, the lawsuit between SMCV APIAES and for possession of land of 246 hectares, is still not resolved. This Monday the 19th, just start the oral report on the Seventh Criminal Court presided by Judge Orlando Paredes April.
The trial was initiated following the complaint lodged by the Third APIAES Attorney, for the crime of counterfeiting in the form of alteration of boundaries against the former president of Cerro Verde, American Randy Lee Davenport. This occurred in 2003. APIAES in this issue Hill has requested that Green be considered as a third civil responsibility. Judge Orlando
April before making delivery of the decision on the request of farmers run requested transfer to the Seventh Provincial Criminal Prosecutor, by Julio Moscoso, this in order that the fiscal rule on whether to Cerro Green is considered or not as the third civil responsibility.
Attorney Moscoso on August 27 this year, said that the request should state from farmers and mining is considered the third civil liability, but Judge Orlando in April did not take into account the views of Moscoso and determined otherwise . The union members of APIAES
have presented a appeal to the Fourth Criminal Court judges by Chavez Zapater, Regal and Munoz Rendon Luna. The Board before deciding the complaint led to the Fourth Superior Criminal Prosecution. The ruling is pending delivery. For this case
Cerro Verde has hired the former president of the Superior Court of Justice, Berly Cano Suarez, the same lawyer that claimed 85 000 soles to the Provincial Council for attending the trial of former mayor Yamel Romero. At that time, Cano's daughter worked in the municipality. The lawyer is the young lawyer APIAES Javier Ballon Allasio. Among
APIAES mining and more than one trial. For example there is a complaint for false generic Patricia Quiroz, another lawyer for Cerro Verde, in addition to the precarious eviction suit against each of the partners APIAES filed by the mining.
"The trial is cumbersome and has been stalling a lot," said Bejarano. The truth is that in the case who is ahead is APIAES, at least as evidenced by the progress of the trial and the declaration as a defendant in absentia former president of the SMCV Does Arequipa copper giant that some farmers will earn you the trial and possession of 246 hectares?

How Much Is Manish Malhotra?




* mayor of Mariano Melgar Callalli and spent 226 000 535 soles to buy luxury SUVs and motorcycles ignoring Austerity Law

Vistaprevia / Erika Romero Díaz

characterizes the class. They care little for the poverty of its population. These are the mayors of the municipalities of Callalli (Caylloma) and Mariano Melgar.
The mayors of both districts: Maximiano Huayta Gonzales (Callalli), and Oscar Ayala Arenas (Mariano Melgar) have purchased luxury vehicles with no regard for authority rules in force.
Both mayors are not known but shared a taste for the wheels and nuts. Huayta Maximiano movement is part of Arequipa, Tradition and Future, led by regional president, Juan Manuel Guillén Benavides. As Oscar Ayala Force belongs to the political party Democratic (FD) of the lawyer banker Marco Falconi.
The purchase of the truck has trimmed Callalli scandal. It makes a mockery of the poverty of its population. This is evident with the requirements contained in the bases of the buying process. Members of the Permanent Select Committee on the District Municipality of Callalli, Roberto Vera Chalco, Daniel Gonzales and Zachary Vilcahuaman Condo Yucra said that the truck is a 4 x 4 turbo diesel intercooler green, the year and up to four people (double cab).
Regarding the internal equipment has air conditioning, alarm lights, central locking, onboard computer, AM / FM radio with CD, MP3, forced air heating, among other details.
The luxury vehicle, according to information posted on the website of the Electronic System of Procurement and Contracting (SEACE) is for areas of Public Works and Public Safety. However, this weekly was reported by telephone with the residents of that district and explained that he uses the Toyota truck is Maximiano Huayta Mayor Gonzales.
Another striking detail is that the vehicle cost 87 000 927 soles and paid to the winning company, Authorized Dealers SAC, with the money from license fees and sobrecanon.
canon law specific resources sobrecanon canon and should be used in executing works of regional impact, such as construction and improvement of roads, laying of water and drainage networks, schools, but not for acquiring vehicles.
Experts consulted on this issue indicated that the mayor of Callalli, would have committed the crime of embezzlement in the form of embezzlement.
addition to this purchase, 16 this month bought a motorcycle valued at 12 000 392 suns would be allocated for the office of Public Safety. The company Aldamotors Automotive Service was the one that won the tender for Small Claims. AYALA

BETWEEN WHEELS
racer not like his brother child, William Ayala Arenas. However, Mayor Mariano Melgar, Oscar Ayala, knows cars. In this county was called Direct Selective tender for two petrol double cab 4x2 truck, a year and two motorcycles for the area of \u200b\u200bPublic Safety. The SEACE
read that the first two vehicles, have ventilation and heating system, radio AM, FM, CD player with 4 speakers, halogen headlamps, five reverse speeds, among other details. The amount of these luxury vehicles amounted to 118 000 283 suns and who claimed the purchase was authorized Dealers SAC.
For motorcycles they bought, both must be the year must have a displacement of 124 CC, the system can kick start and electric, must have five speeds and the tires are all-rounders. Automotive Service EIRL Aldamotors was awarded the purchase of motorcycles and received about 7 000 933 soles.
Institutional Control Bodies (OIC) of these two municipalities should investigate the purchase of these vehicles since the Budget Act for the Public Sector for 2007 (Law 28 927) in Article 4 prohibits the purchase of cars, vans and station wagons unless they are for replacement in case of total loss.


Look: It's almost unlikely that the rulers of both municipalities decide to investigate these purchases as Maximian Huayta Arenas Ayala Gonzales and Oscar have the majority of councilors.

Cj Barrymore's Go Karts Coupons

Just Mayta

Just Mayta is left alone

denounce Paucarpata Rulers of Mayta Just not provide adequate information

Vistaprevia / Hugo Mendoza CH. Just
Mayta
not only clung to the increase in salary of more than five thousand suns, but now faces stiff opposition from their rulers. There are six council members, both minority and majority, who have left the mayor of Paucarpata denouncing lack of transparency in the management of its management.
Everything was evidenced last week at a meeting of council, where the six council members openly showed their disagreement with the little information given to them about what is happening in the town district.
The problems began in August when Mayta reported that an agreement was signed between the Regional Government and the municipality of Paucarpata for the implementation of the Emergency Center in the CD of Miguel Grau, also for the improvement of Av . Miguel Grau. The amount of cofinancing was set at one million 500 thousand suns.
But suddenly things changed. At the last council meeting of October 30 reported that work is no cost a 1 million 500 thousand suns but 800 million soles. The regents did not find explanation, have been given no information on the convention. Stop
Councilman Juan Mamani Quea is not respecting the law. "The mayor requested budget increase, but we do not have any information, we are against the way things are being carried in this community," comentó.Los rulers who came to the front are various banks and state that are not against the works that have been taken in Paucarpata, but in how they are made. These are the rulers Ubaldo Puma Fuentes, Teodora Consuelo Pacheco

Waxing Tables For Sale

Surge is left alone in front against exploitation of miners


* In Arequipa more than 30 000 mine workers are not affiliated a union.

Vistaprevia / Hugo Mendoza CH.

At the opening of the new plant in Cerro Verde Primary sulphides last week, President Alan Garcia, said the mining boom, but did not say a peep about the inhumane conditions in which they work more than 30 thousand small and medium miners without organization, this just in Arequipa, because nationally the number is rising.
The boom in mining do not reach those who work in services, modality that have chosen to most mining companies to hire staff and pay no social benefits that the law requires.
The Minister of Labour and Employment Promotion (PETM), Susana Pinilla Cisneros, through a national media said that only 6% of workers complied with the miners' strike. He added that there was a loss of $ 15 million. Zeno
A Mujica said Deputy Secretary General of the Federation of Miners, Metalworkers and Steelworkers of Peru, Arequipa, there is an open labor exploitation of mining enterprises.
"The wages of miners are very bad in relation to our work. For 240 hours per month, they pay between 850 and 1200 soles soles, "he said.
Mujica's leadership headed by seeking to enforce the rights of workers.
In Arequipa, only in the Sociedad Minera Cerro Verde mine Calpa, Arrutan, Orcopampa Chala and some mines have trade unions in the rest of mine simply do not exist or do not allow mining companies to be established. Last Friday
has formed a new union in the Pampa de Cobre mine, known as Chapi. Uber
Nina, who was elected as Secretary General, said: "We did not know how to defend our rights, now we're just getting organized."
added that of the 400 workers who are in that mine, most have chosen to unionize. The non-unionized miners are suffering most abuses. In the region only five thousand miners are unionized.
Two weeks ago, there was a national mining strike that caused great concern to the authorities. However, the demand for workers has not been well taken by most people, it happens that claimed to eliminate the caps on the distribution of productivity. With this, companies would no longer give the annual contribution to the regions from which they extract the mineral. RETIREMENT


not just the low pay they receive affects miners, but that the laws do not favor them. The average life of a miner is 50 years. However, those who are members of the PFAs are required to retire at age 65.
The main disease suffered by miners is silicosis as a result of toxic gases, which directly attack the lungs.

Pinilla
The Minister reported that of the more than eleven thousand inspections this year, about 30% has been made in the mining sector, having covered not only the majors but the job placement and contractors and subcontractors.
That's not enough, so far none has been sanctioned by mining be abusing their workers, also has not done anything to regulate the informal mining where is the bulk of the miners. Has this happened when the mining boom ends, many may be harmed.

Trundra Targa Tripod Parts

Transport chaos is generated by the Municipality Historical Center unprotected


* The provincial municipality suspended a month ago the expansion of road transport company COTASPA, but the company continued to circulate
* Last week caused an accident that left 29 injured, this incident happened in the suspended route


Vistaprevia / Hugo Mendoza CH.

The fatal accident of a coaster that was in Cayman last week with the toll of 29 injured, was avoided. It happens that the Provincial Municipality of Arequipa on 24 September this year, suspended the expansion path COTASPA Transportation Company, however, the company continued and continues to circulate with the coming of the provincial municipality.

The weekly had access to the Mayor's Resolution No. 540 which in turn declared null Antitrust office of the resolutions of its extensions filed by the company COTASPA.

Although the coasters were not circular, the MPA has not done anything about it. COTASPA company in 2006 obtained two extensions of routes. The first concerns the sector of Juan Pablo Guzman Vizcardo to Simon Bolivar and the second extension is for the High Cayma, Committee 16. COTASPA

initially had two routes, the A028 my Work City, Cercado, La Libertad and the A029 route and means of delivery (AO AO29A 29B), Juan Pablo Vizcardo and Guzman, Yanahuara Crystals and Pachacutec, but it's the latter path where problems arise.

FAVORS "?
The Provincial Municipality in 2004 through a resolution Directorial canceled the route COTASPA service drop, but the company filed an appeal. On August 10, 2005 through Resolution No. 628-2005 Mayor declared unfounded COSTASPA ordering.

Having exhausted the administrative part of the war continued in the judiciary. The company filed a lawsuit COTASPA Administrative Litigation against the Municipality, in order to set aside the Resolution of Hall effect, which sanctioned the cancellation COTASPA A029 route and means of delivery.

Given this fact, the Tenth Civil Court injunction issue has not innovate for COTASPA with this provision the company undertook not to alter the route and respect. The company COTASPA

demand Administrative Litigation against the MPA, first loses. In the statement of January 18, 2007, is declared as groundless litigation. However COTASPA has appealed and is currently in the Second Chamber for Civil.

Among the sea of \u200b\u200btroubles that come from the year 2004, the company succeeded in expanding COTASPA the A029 route. The first was on September 25, 2006 and the second on 24 April. Yamel Romero management was willing to give when the expansion of routes, although not resolved the problem in the courts.

The conflict over the A029 route is not when finished. Genesis Enterprise High the Moon had problems with COTASPA by expanding it. Simón Balbuena management on 24 April this year through the Management Resolution 1006 succeed in reconciling between the two companies, with the modification of some streets. MORE ERRORS


Balbuena management acted in the same way former mayor Yamel Romero authority by not inhibited on the issue until the judiciary to resolve the administrative action.

Officials at the United Transport Company Passenger & Service (ETPSSA) were also affected by the expansion of routes for COTASPA granted. Therefore

29 January 2007 members of the MPA ETPSSA present a case where demand the annulment of the route increases, also calling for the inhibition by the Provincial Municipality pending resolution of the administrative action.

"We hope for more than six months and our order has just come true in September," says Hugo Shock Sayco, ETPSSA company manager, referring to the Mayor's resolution is declared invalid where enlargements. For his part Jose Talavera Ortega reports that "the municipality is not enforcing the rules."

funny thing is that the company once collected COTASPA route extensions presented the request to inhibition Balbuena management. The Resolution of Hall's June 25, 2007 is declared founded COTASPA request by both the MPA must be inhibited until the judiciary ultimately resolve the dispute.
The same order of inhibition ETPSSA submitted in January this year was attended on September 24, 2007, however COTASPA presented the request in May and June and had results. Apparently Transport managers Balbuena management have a heart of COTASPA.

Magellan Maestro 3225 Maps




* According to existing rules can not register an ancient site in the Public Registry, but you can destroy any cultural heritage

Vistaprevia / Hugo MendozaCH.

The current laws and regulations do not protect the cultural heritage, on the contrary allow plunder. A clear example is what can happen to the historic center of Arequipa, which in 2000 was declared as Cultural Heritage Site by UNESCO.

Peruvian law does not favor their care. This is reflected in the errors that are committed the formulation of laws.

is the case law Ratings Regularization 29090 Urban and Buildings, 25 September 2007, where he commits a serious error or omission. It turns out that this law is not covered, including requirements for obtaining a construction permit municipal heritage areas, prior approval of the National Institute of Culture (INC).

While the INC may declare the old houses as cultural heritage, surprisingly they can not enroll in the Public Registry that current rules do not.

This same law in its Article 30 refers to the regularization of buildings constructed. This standard gives a deadline of December 31, 2008 to regulate the properties built after July 20, 1999. Areas include protection of national heritage, such as the historic center of Arequipa.
SUNARP
But the complacency of the INC does not allow to register a historic property. Through the Public Records Report No. 308-2007-ZR.N º XII-PI/GR claims that the laws 27580 and 28296 and other regulations (consolidated text of the law 27157 approved Supreme Decree No. 035-2006-housing) has banned the process of regularization of buildings in assets belonging to the cultural heritage of the nation. According

the architect Manuel Lazo Rodríguez, the two Acts referred to public records show clearly that the properties can be regularized. "Public Records makes a misinterpretation of the rule, the laws 27580 and 28296 state that the historical center properties can regularize" he notes.
The National Institute of Culture through the letter No. 347 2007-0A/INC maintains that it is possible to stabilize any type of work carried out in a building of the cultural heritage of the nation.

Hundreds of laws have been issued to protect the cultural heritage have always had grave mistakes, for example, Supreme Decree N º 003-2006-Housing, must comply with a mandate of Law 27580 which provides protective measures to be applied by the INC for the execution of works in cultural property, instead prohibited the recording of their capital assets, violating article 13 of the General Law of National Cultural Heritage.

The INC, the Provincial Municipality and Public Records to have the power to correct the existing rules. Cultural heritage around Arequipa and Peru is at risk with such standards.

What Does John Cena Wear Wrestling

lawyer denounced the Cerro Verde


* For general misrepresentation, Patricia Pacheco Quiroz, legal representative of Cerro Verde, was reported Yarabamba by farmers.
* APIAES Dispute between mining and making new paths. Cerro Verde demand eviction and requires farmers to raise their international arrest warrant hanging over their former leader Randy Lee Davenport.


Vistaprevia / Hugo Mendoza CH.

Last week the Sociedad Minera Cerro Verde has made a voluntary contribution of S /. Arequipa 51 million, this measure have been filled in part the mood exacerbated by the authorities and population. But in the judicial field Cerro Verde is losing ground in the process that keeps a group of farmers Yarabamba.
turns out that mining is embroiled in a lawsuit with the Association of Industrial Producers South agroecological (APIAES). The dispute is over the possession of land of 246 hectares, located in Yarabamba. APIAES partners argue that they are the first landholders and mining advocates have an indicating that mining claims recognized by the Ministry of Energy and Mines.
Farmers not only have made Randy Lee Davenport, former president of Cerro Verde, was declared absent defendant with an arrest warrant at the local, national and international criminal law but have denounced the legal representative of the mining, Patricia Pacheco Quiroz and as Head of the Civil Third Sociedad Minera Cerro Verde for the crime of Forgery Generic. This complaint is in the Fifth Provincial Criminal Prosecutor.
all goes back to June 21, 2006, when Cerro Verde APIAES charged criminally for the crime of robbery in the Sixth Criminal Provincial Prosecutor. But a day earlier than visual inspection to determine the alleged damage caused by farmers (alteration of boundaries of the mining concession Tiabaya 67, stone setting, trench digging, blocking access to other mining concessions) Cerro Verde suspiciously removed the complaint.
"In the visual inspection to be undertaken by the Prosecutor's Office should determine whether we had usurped, as it attorney denounced the Cerro Verde, but I was not certain withdrew the complaint one day before the inspection, "says Felix Bejarano, President of APIAES. "We have never altered or open ditches, that's a lie," he said.
The Sixth Criminal Provincial Prosecutor dated July 11, 2007, resolved not place the criminal complaint against the farmers for the crime of usurpation. The opinion reads that the complainant Patricia Quiroz dismissing the complaint, saying that farmers have moved to fill the trenches at the time, releasing all obstacles to access the mining concession Tiabaya 67.
also 2003, the SMCV farmers denounced the alleged crime of Usurpation in the Fifth Attorney Criminal, however, the complaint was dismissed for the same Prosecutor. EVICTION


The dispute over the possession of land of 246 hectares, between APIAES SMCV and not when it ends the confrontation now has moved to Civil. It SMCV that has brought an eviction suit for squatting against seven members of APIAES.
This complaint is in the First Civil Court of Justice Basic Module Hunter district, by the judge, Silvia Sandoval Corimayta.
The strange thing is that above Cerro Verde and filed a lawsuit to evict poor against APIAES partner, Juan Navarro. The Third Court for
Civil, rejected that claim in its entirety and the miner did not appeal the decision, from the quality of res judicata.
The land in dispute according to SUNARP Grounds Registry does not have title. The SMCV has a mining concession, with Departmental Resolution No. 01374-2000-RPM, dated April 5, 2000. Meanwhile, APIAES partners claim to have possession of the land since 1999, for which plantations planted tare.
The trial between the mining and farmers have had different emphases. On August 3, Berly Cano, a lawyer for the mining filed on behalf of Cerro Verde two defenses. The first exception is the Nature of Action that a Christian means that the mine wants to show that the facts alleged by APIAES no criminal. And the second is the question, ie relate the facts are investigated in civil proceedings, therefore, have no criminal connotation.
The judicial process will be extended further, however, APIAES members have shown their interest to reach an agreement out of court, ie to reconcile with the mine and leave the field to exploit the minerals found.
This raises two possible solutions: One is that Cerro Verde will provide land in compensation in any other area of \u200b\u200bthe city and one that will pay the investment in plantations that were in the land in dispute. The average farmer would be $ 20 000. LOOK


Days before the Convention will be held Minera Cerro Verde has achieved its former president Randy Lee Davenport is an international arrest warrant suspended, however, farmers have been beaten and their application has been accepted by the owner of Seventh Criminal Court, Orlando Paredes April.

Thursday, October 11, 2007

Folding Lawn Chair Rocker

Card APRA and friendship with Milton Vera Vera


* Public Records not only has been taken over by APRA, we now have COFOPRI and PRONAMACH. What is unique is that the new bosses are the inner circle of former President Daniel Vera Ballon regional.
* In SEAL, EGASA and also PRONAA APRA militancy earned to get a job.

Vistaprevia / Hugo Mendoza CH.
professional experience, diplomas, degrees are worth little when cornering public office in this city. Everything indicates that only need to have your APRA membership card and be a friend of Daniel Ballon Vera, a former president of the Regional Government of Arequipa GRA, to achieve high office.
One of the first to surround a relevant charge in Arequipa was Manuel Gamarra Seminary who serves as head of the Registry Zone No. 12-Arequipa Headquarters of the National Superintendency of Public Registries (SUNARP).
His past and his relationship with Vera Ballon were crucial to take the job. All this despite its deplorable way through the public sector. It turns out that Gamarra was the Manager of Legal Counsel of the previous administration of GRA and out the back door after an alleged serious questions of double recovery. Thing apart are his prosecution for domestic abuse.
VISTAPREVIA had access to the file 2005-214-VF, where Montenegro Nelly Beltrán, provincial fiscal of the Second Family Office of Public Prosecutions, Manuel Gamarra demand for family violence.
Once settled in Public Records, opened the doors to several party colleagues. The weekly said on revenue of at least 15 people, and the list is increasing.
Among the beneficiaries of the charity of Gamarra, Felicitas Roman was a friend and former secretary general of the Regional Government of Arequipa, in the management of Daniel Vera. Roman
recently worked in the Public Registry and that since Sept. 20 had an unexpected rise and now serves as the new head of the Agency for the Formalization of Informal Property (OFOPRI and PETT) in Arequipa.
In the hands of Roman Felicitas is none other than owner and give legal status to a host of properties throughout the region. Roman
Autodema worked in 2004 in the area of \u200b\u200bLegal, Manuel Gamarra hired there as an external consultant, also worked in this state Rodolfo sister Lorena Vizcarra Vizcarra, who is extremely friendly and Ballon Vera official.
COFOPRI The new chief has always been linked to Vera Ballon. In 2002 joined his campaign.
Roman Felicitas has no more experience. He claims to have been chosen from among several candidates to be chief COFOPRI, but when asked last weekend in an interview, who participated in the post, can not remember. We also applied the following questions:
You came in their own right to its link COFOPRI or APRA?
--- No, because I trained much. We have evaluated enough people a curriculum, and I occupy this position because I have the experience required for this institution. On the whole profile of a lawyer.
was worth "more experience in their name or the fact of having worked with Vera Ballon?
--- do you mean (hesitates a little sweat on the forehead and the nerves seem to betray). My relationship with Vera Ballon is totally technical and any party member.
Do you feel prepared for this office?
--- I do, besides all of this is to score, the answer you want is to see in December. We are working with all weapons to Arequipa is the best area at the south, that's the goal you want.
PRONAMACH AND INTERIOR
Another character's inner circle of Daniel Vera Ballon has come to occupy an office, is Edwin Zúñiga Núñez, new head of PRONAMACH. Under the management of Vera was manager of Natural Resources and Environment, never said a peep to important issues such as pollution of Cerro Verde. At that management did not recall any work is relevant. Vera another who is extremely friendly
Ballon is the "ruler of death," Silva Jorge Lazarte, owner of Pen transport companies having accident record. Not only is your friend but who was his advisor. Their links would also be at the business. APRA
WITH STAR
Other instances of APRA militants without need of Vera's friends have also been favored with a position in public administration in the case of Martín Rodríguez Salazar EGASA directory, Adolfo de Córdoba as president of the board of EGASA, Luis Navarrete Valderrama in the same company as chief Arturo Valderrama PRONAA.
Does the APRA does not have professional pictures or are we doomed to have bad officials? With or without the influence of Ballon Vera, there are important public positions APRA in the hands of inexperienced questioned.

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employ investigated by U.S. trip and Roger Luis Cáceres

Yanahuara * Mayor a few years ago traveled to Miami to attend a course and spent 5 thousand suns municipal funds

Vistaprevia / Hugo Mendoza CH. Milton Vera Gamero
is not only being investigated for alleged irregularities in the purchase of "truck" and hiring "ghost" workers, but will have to answer for a trip to Miami (United States) to assist a course, where he spent 5 thousand suns. This occurred in June 2003.
Everything indicates that the austerity in the commune of Yanahuara not only is a dead letter, but are abused funds. Milton turns out that Vera was invited by the mayor of Miami Alex Perel and Commissioner Javier Souto to attend a 20 to June 28, 2003.
PRO & AS Company SA (Administration and Finance of National and International Projects) in a letter dated June 11, 2003, addressed to the Municipality of Yanahuara, said the financing costs of the holder and a companion.
Given this invitation. At regular meeting minutes of council June 19, 2003 was agreed to approve the travel of Milton Vera and Councilman Armando Chavez Zevallos. The minutes also stated that the registration fees and lodging will be borne by the company PRO & AS SA, ie only the passages would not be covered by the company.
But recently, after four years, knows the truth and the report (No. 02-2003-CONT-MDY) where Vera accountability makes travel to the United States, provides for travel and lodging expenses.
The document presented by Vera attention, for example, buying a camera pouch in 74.90 soles, Peru Hello card 20 soles, local mobility passages 193 soles, 770 soles conference registration, Lima 40 soles taxi mobility, mobility Airport 40 soles 14 soles Burgen American power, including others.
Another fact that calls us to be suspicious is the delay in the substantiation of expenses. It turns out that the return trip was on 29 June 2003, but the lift was on July 24, ie almost a month later, while the remaining money was returned on 11 July. COMPLAINT


The Comptroller General's Office became aware of this fact in August last year. In the office N º 522 2006-CG/ORAR are concerned about the U.S. trip. "Through mechanisms implemented at the National Control System CNS, verify the allegations that have the support and relevant information, as capacity permits CNS.." Martin Haro
Counsel contends that the Comptroller is showing little interest in investigating complaints against Vera Gamero. "This week will proceed to criminal charges brought before the public prosecutor to mayor yanahuarino about the trip to Miami and the alleged misuse of taxpayer money," he said.


EDITOR'S NOTE In the previous edition of VISTAPREVIA in the report, "seize tanker paid Yanahuara commune" stated that the three companies that participated in the tender for the purchase of "truck" are low SUNAT ex officio, however, that information is incorrect as the company GENERAL SUPPLIES is with all of your documentation in order and fully active before the SUNAT. Moreover, the reference in this weekly occurred in the context of the Municipality of Yanahuara GENERAL SUPPLIES were included in a tender process where the owner never showed up, this situation is the subject of inquiry before the competent bodies.

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dispose of properties


* Former provincial mayors and former congressmen Arequipa escapees have been shedding possessions they kept until recently. "Economic Debacle or apply a strategy to avoid paying to justice?

Vistaprevia / Hugo Mendoza CH.

and Roger Luis Cáceres Velásquez Pérez Cáceres, father and son. Both were mayors of Arequipa and came to Congress by the FREPAP, whose symbol was a fish. The two also
switching and became part of Fujimori as he was already in decline. The two coins thrown at them and insulted them in full swearing in parliament.
Father and son went through the back door of politics and became political bodies. The people buried them at such effrontery.
But in their work as entrepreneurs and politicians, accumulated wealth and multiple properties. However, the prosecution sought from all sides. They have already spent a small fortune paying legal fees.
more complicated process is precisely the one I started for allegedly receiving money from Vladimiro Montesinos to convert to the ranks of Fujimori.
For skill or unfortunately, Luis Cáceres Velásquez, no longer has the properties above. Many of their properties were at risk of foreclosure, for that reason no longer in his name.
Until some years, the charismatic and irreverent Lucho Cáceres was ten properties listed in the National Superintendency of Public Registries SUNARP. Now none are in your name.
Of the 10 properties had now are as a society, ie that were purchased after the marriage, and two properties are demanded. Why
got rid of their properties? Embargoes of the state would be the main cause. For example, the Anti-Corruption Office has been set at 4 million civil damages in favor of the Peruvian State to be paid in solidarity 13 former congressmen accused of having received money from former presidential adviser Vladimiro Montesinos, to convert to the ranks of Fujimori. In this list, and Roger escapees Luis Caceres.
The weekly had access to documents where Luis Cáceres figure with more than one requisition, for example, he weighs a Injunction seizure of 150 thousand soles an apartment on the street Garaycochea, according to the latest decision dated August 10, 2007, issued by the supreme vocal instructor, Pedro Guillermo Urbina Ganvini. Relapsed in the process of passive bribery Improper against the State. The court record is No. 14-02.
The strange thing here is that this property was acquired by Cáceres $ 8 000 and the seizure is for 150 thousand suns. Last Friday we
Luis Cáceres to talk with him, although we attended at his home in Yanahuara, told us that by the time you are willing to give statements of any kind. CÁCERES
SON
For his part, Roger Pérez Cáceres, who always followed the same footsteps of his father, has also opted to get rid of several properties and businesses.
Roger Cáceres, according to documents from the SUNARP had eight plots, four of which were acquired in society, two are anticipatory (advance inheritance), one run and one hired. According
deed of August 21, 2002, Roger Cáceres, made an advance payment of lawful inheritance of a property in the residential Vivanco, for Alejandra Cáceres, the house has a value of S /. 60 000 soles.
on some of their properties also fall confiscations, in the case of property of residential Recoleta is arrested by S /. 4 000 500 for the SUNAT tax debt. The same property is another measure, however, this time by 5 000 500 soles for the coercive enforcement procedure followed by the Regional Directorate of Labour and Employment Promotion.
As for his business, sold years ago Roger Cáceres Noticias owners Fleming precollege academies.
, meanwhile, has recently emerged that sold Cadena Sur Radio News and Channel 39 (UHF) to the owners of the newspaper El Pueblo.
Thus pass the days of these clan members Cáceres, a family that founded the National Workers Front Campesinos (FRENATRACA) but ended Fujimori linked to corruption.

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Day's Work Million Dollar


"I was stranded on Chapi"

Vistaprevia / Hugo Mendoza

At times I lost hope but no faith. On May Day, Mother de Chapi, I made the long journey to the shrine that almost became a nightmare. Turns out I went to cover the information about the holiday.
religious manifestations in the sanctuary are immense as the sea, tears and effort are part of the stage.
central Mass proceeded normally, I could be in place conditioning to the press, the security would not allow it, despite the identification. That was the first sign of things to come.
After the Mass, the procession began, I thought it would be the opportunity to be close to Mother. It was the second time he traveled to the shrine, I am a Catholic from the womb of my mother. But when I was less than five meters to touch the Virgin's mantle, another member of security stopped me.
After noon, there was no time for breakfast, it was time to return. Arequipa travel about 20 journalists, only after the festival could join them for a few minutes.
The official vehicle of the Archbishopric of Arequipa it was a few miles of the sanctuary, waited a long walk. It was there that the worst happened since I left in a neglected group of reporters. Not met again, neither they nor the vehicle, even though I searched for more than three hours in the mountains Polobaya burning. The Virgin of Chapi
refused to return. I thought so, but it also protected me because after a few hours I return to Arequipa. No doubt, journalism is sacred.

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Yanahuara
* Commune spends more than 170 000 suns on external advice.

Vistaprevia / Hugo Mendoza Ch

In the City Yanahuara the provisions of spending discipline and austerity, a dead letter. The commune, in the annual procurement plan and contracts this year, is scheduled to spend over 170 thousand suns in external consultants.

Milton Vera management has scheduled 52 processes (purchasing, procurement, payments) worth 1 million 170 000 330 sols of which 172 000 are destined for external consultants.

A total of eight processes for external consultancies. External Legal Services Specialist (32 thousand 724 soles), Management Consulting (15 mil soles), external advice to carry out the technical procedure programming, development and participatory budgeting, 2008, (9 thousand suns), Consulting works (4 mil soles), Mentoring Cadastre (60 thousand soles), External Legal Counsel Consulting (16 thousand suns), External Legal Service Specialist (19 thousand 439 soles) and Advisory Services in Criminal Matters (17mil 500 soles).

It appears that Mayor Milton Vera so little trust in the capacity of its own officials and workers who have to resort to hiring third parties for certain processes.

One fact that attracted our attention is that one can distinguish between those processes referred to an outside counsel who won the counselor Arequipa regional, Javier Lizárraga Lazo, but the process was aborted.

won the award Councilor No. 001-2007-CE/MDY selective direct to the service of specialized outside counsel for 32 000 724 soles.

The call for the award was made on March 13, 2007 and the granting of the concession was awarded on March 17, 2007. The award was overturned because the bidder did not submit a simple copy of your Certificate of Registration with the RNP essential document for contracting with the government.

But there are other processes that draw attention, hiring the services of a qualified instructor and program coordinator Public Safety (9 thousand 500 soles), contract research services, monitoring and recovery of municipal taxes to the main taxpayers, property taxes and municipal taxes (57 thousand suns). A Milton Vera management has plenty of silver.

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Yanahuara advice on truck seized Yanahuara commune paid


* Management of Milton Mayor Vera SUNARP registered vehicle.
* There is also further evidence that the purchase was made illegally. * Officials involved
silent accomplice


Vistaprevia / Hugo Mendoza Ch

The National Superintendency of Tax Administration (SUNAT) has determined the interim measure seizure (MES) against the "truck" that the City of Yanahuara bought in 2003 by more than 56 billion suns, when its previous owner bought it at $ 3 000.

But the worrying part is that the MCE lies Zaida Llallacachi Gutiérrez, winner of the award of the bid in the selective allocation No. 04-2003-MDY for the acquisition of the tanker, this incident occurred on December 29, 2003 .

The first measure of confiscation is 3000 soles (November 2005) and the last is 3000 100 soles (April 17, 2007). The two liens are against Llallacachi.

The Municipality of Yanahuara so far has not registered the truck in the SUNARP although there purchase and sale agreement and have paid for the truck. No such Affidavit of Purchase and Sale indispensable for the mobile unit registration certificate granted only for good pro.

The truck in question is the year 1989, blue, white and blue. Your motherboard is running XH-1768. The purchase and sale agreement was signed on January 9, 2004, according to documents of the commune, although the bill was read on January 8. The bid

three bidders participated, represented by Zaida Llallacachi COMREYSER Gutierrez, general supplies represented by Patricia Espinoza Lopez and REPRESENTATION SALES AND SERVICES EIRL represented by Alfredo Iturry Saca. FAULTS


not only the purchase price by more than 56 billion suns attention. Experts in the purchase and sale of trucks we say that a truck of these characteristics does not exceed $ 7,000.

This is compounded by the fact that a person listed as the bidder claims to have participated in the tender.

Vistaprevia communicated via telephone with Patricia Espinoza Lopez (SUPPLY GENERAL) participating in the tender award process selective dated December 29, 2003.
"I've never participated in that bid, I am surprised because my name appears as a bidder, "reveals Espinoza, outraged by the situation.

also happens that the truck's specs are a dead letter. It turns out that the winning vehicle must have the following technical proposals: chassis, engine, gearbox, and all that has a water tank, and suction equipment and removal, but the contract signed by the municipality that is read the truck has a body keel and does not meet specifications.

Other evidence of the alleged irregular purchase is that none of the bidders have experience in buying trucks according to economic activity in the SUNAT. Llallacachi winning the bid sells is minimal non-specialized stores, plus the three companies that participated in the bidding are automatically low.


complicit silence was impossible to maintain communication with Milton Vera Gamero, although in the interview that we had in issue 45 of this weekly defended the purchase of the truck. "Commercially it is within the market bid price, there was no irregularity has been followed all the rules of law," he pointed with his trusted officials.

But nerves betrayed Juan Carlos Sanchez, city manager and chairman of the special committee in awarding the purchase of the truck. "I will not say anything," he said last Friday to try to talk to him. He was irritated by the sweat on his forehead, as if fearing the worst. "If I have to say something, I'll do in the judiciary", he managed to express.

Other committee members are: Wilbert Brown Becerra, head of the Supply and Olazabal Artemio Cleofe Roldan, Administrative Systems Manager.

Vistaprevia had access to Resolution No. 213-2005 dated 28 February 2005, where Artemio Cleofe Olazabal was removed from the City of Mariano Melgar.

According to the basic law governing the Civil Service provides that the officer who is dismissed from public service, may not return after expiry of five years. Olazabal still working as a manager in the town of Yanahuara.

"In the dismissal is not the signature of the mayor, who dismisses the City Manager, therefore, invalid," he argued Olazabal, who is also silent on the purchase of the "tanker." COMPLAINT


Counsel Martin Aro Mendoza on July 26, 2007, filed a criminal complaint against Edilberto Milton Vera Gamero, Yanahuara mayor, city manager Juan Carlos Sánchez, Artemio Cleofe Roldán Olazabal, manager of administrative services and stop Wilber Becerra, head of supply for the crime of conspiracy.
This complaint is currently being heard in the Seventh Provincial Criminal Prosecutor. Ring argues that the Comptroller General's Office already knew the facts beforehand. "The complaint by the purchase of the tanker was already aware of the Comptroller in August last year, but did nothing about it," he said. GHOST WORKERS


The weekly in its edition published 44 Milton Vera is being prosecuted by paying "ghost" workers. Turns out he and four of his trusted officials face prosecution for the unusual hiring of personnel to work never went to the district municipality. This occurred in 2003.

on the case, according to research, Fourth Criminal Prosecution determined that the economic damage from the commune amount to 17 thousand 850 soles. In addition Milton Vera and their officials have restricted attendance and economic bond.

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Upload bread, but does not improve hygiene


* In operational inspection found that 20% of bakeries and bakery is in poor condition
Vistaprevia / Hugo Mendoza CH.
The rising price of "our daily bread every day is inevitable. But the hygiene conditions in which these foods are produced do not improve. The last inspection by the Deputy Manager of the Municipality Provincial Health showed that 20% of bakeries and pastry shops of Arequipa are in deplorable condition.
In the last operation was determined this serious situation. "The hygienic conditions were found in some cake shops and bakeries were surprising. We found beaten whipped cream, dinner damaged, bad eggs and other shortcomings, "says Elizabeth Toledo, assistant manager of Health.
out of 10 bakeries and bakeries at least two of them did not meet minimum health requirements. Much of these facilities deserve to be shut down for life, because they are repeat offenders who commit the offenses and the attack on the health of the population.
"The bakeries, pastry shops after the inspections are punished, but to avoid any kind of sanction change of name, there are even bakeries that have no operating license." Warns Toledo.
The penalties vary depending on the type of failure. For example, due to lack of extinguishing the fine is 165 soles, first aid kit 95 soles, poor local hygiene 600 soles, or expired products in disrepair thousand suns.
Of the 34 facilities operated, cake Giordano and the World of Cakes were the conditions were worse. According to these establishments Toledo change of name often in order to avoid any sanction. PAN PER KILO

In order to provide greater control of the hygienic conditions of the pan and weight, health authorities suggest that it should demand that this food is sold by the kilo and bagged. So they could require that the product has bakeries health record.
By selling bread per kilo would end with the eternal argument that each loaf should be 200, 250 or 300 grams.
food handling, especially the bread is a problem that can even epidemics. With the bread in one kilo bags could prevent cheating in weight and have more control. RESTAURANTS

Neither campaign "healthy dining" promoted by the Provincial Municipality has made to improve their sanitation. Of the 240 stores operated by only 60 qualified and Elizabeth Toledo, only 20 achieved accreditation as a healthy dining. Look

According to figures from Wheat Mill Committee of the National Society of Industries (SNI), Peru imports between 1.3 and 1.4 million metric tons (MT) of wheat, while the international price has risen 180 to $ 280 per MT. Reaching its highest historical peak.

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War Correspondents in the sea of \u200b\u200bCerro Verde


* On the beach the Deaf was held Mollendo II Naval Correspondents Course 2007, organized by the Third Naval Zone of the Navy of Peru. * Press were 29 men who ventured into this story of courage

Vistaprevia / Hugo Mendoza CH.

In two days, just close our eyes three hours. The third technical Marine Walter Morales, considers it necessary to lose sleep when you're in the midst of war. This is to keep the skin and it is best to keep your eyes open as much as possible. So in the Army not conjugating the verb "sleep" but the word "rest."
This is not war, but 29 men of the press leaving journalistic chores we venture into the Naval Correspondents Course. The scene on the beach The Deaf, a rugged coastline, 20 miles Mollendo, perfect for an ambush or a massacre.
"You have to be a journalist, damn it", this phrase was engraved on my mind when I heard in the film Red Ink five years ago. Since then cavilo be tantamount to killing journalist.
The only weapon for a journalist is the truth, even if it originates death. The figures indicate that Reporters Without Borders so far this year 64 journalists were killed doing their duty. Preparing is not a game. VALUE


Playa La Sorda, 09:00 pm on August 29. It seems five in the morning. The intense rain and cold that permeates the bones of the fiercest journalist reveal that started the preparation. The warnings are clear, the most senior instructor refers to "here we are between student and instructor."
The delivery of materials and minor equipment consists of a backpack, a sleeping bag (not used), gamelan, among other items. Amid the intense rain also gave us a tent for two square meters.
The voice hoarse, almost shrill notes "in five minutes all must be installed "only had time to enter and leave the small tent. At the beginning of the course knowledge and skills taught as first aid to evacuate the wounded in case of war.
Number 13, number 22, all men of the press written about our town wore a dark numeral. It is a way to identify peers who do not know, but also a way to lose your identity. To say a number someone responds "present my instructor."
The companion number 35 said. "In war, even the darkest male fantasies can come true, from conversions caps to the faith of God to the discovery of the true vocation: to kill. "
In war anything goes, but journalists disagree with that reasoning. At 14:00 pm has the recognition arms of the Navy and the test firing. Getting used to the weapons is difficult at first, but "have to want more than one wife," says a journalist who served in the Army during the most bloody. Losing a gun is like losing your life.
The fatigue does not exist. After 20:00 hours Technique of survival, just let the rain we light the fire. One Sunday morning, "finally to rest," murmur quietly and exhausted by the exercises, but just close our eyes a burst suddenly made us jump. The order is formed.
No time to sleep just to rest. At three o'clock, the 29 newsmen were trotting over 10 miles, only nine reached the goal with the trainers, then came the rigorous physical exercises.
Four and a half, formed a human chain as we go to sea Grau, cold at times wanted to make us cowards, but the human chain was stronger, eventually we all end up under water, and drizzle did not stop ever.
tear gas pumps would not let us breathe. The tears were inevitable. The practice of social unrest was real, were divided into two groups, one of riot police and other protesters. We live in the flesh a clash between people and police. There were no injuries but plenty of tears.
The toughest test was the simulation of the passage of a river used as a rope bridge. Every two or three minutes all the ground, "is life or death on patrol," said the instructor. The walk lasted no more than 20 minutes, but for us it was eternal, shots were fired, the ambush was imminent. We returned to the safe zone.
For the second time, at midnight trying to close the eyes to rest, the noise of the siren blew us again. It was time for the withdrawal, the 20-kilometer walk last activity as expected. I left with much nostalgia the Deaf. It was three o'clock in the morning of Monday and had finished the course.

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Despair in litigation against


Despair of Cerro Verde in litigation against APIAES


* Your lawyer is the former President of the Superior Court of Justice and presented two technical means of defense to try to end the trial.
* Meanwhile, former president of the miner, Randy Lee Davenport, continues to warrant international


Vistaprevia / Hugo Mendoza CH.

defense arguments of counsel for the Sociedad Minera Cerro Verde, made sleeping at times the president of the Fourth Criminal Court, Juan Chaves Zapater. The mining company is embroiled in a lawsuit with the Association of Agroecological Producers South Industrial APIAES.
The dispute is over possession of land of 246 hectares, located in Yarabamba. APIAES partners argue that they are the first landholders and mining advocates have an indicating that mining claims recognized by the Ministry of Energy and Mines.
However, the possession of land for APIAES already renowned prejurisdiccional (Police) and jurisdictional Public Prosecutor (OTP) and Criminal Court.
response, Cerro Verde has embarked a strong defense. Therefore, it has hired none other than former president of the Superior Court of Justice, Berly Cano Suarez, the same lawyer that claimed 85 000 soles to the Provincial Municipality to address the trials of former mayor Yamel Romero. At that time, Cano's daughter worked in the municipality.
On August 3, Cano filed on behalf of Cerro Verde two defenses. The first exception is the Nature of Action, a Christian means that the mining company wants to show that the facts alleged by APIAES no criminal. And the second is the question, is concerned that the acts had been investigated by the Civil pathway, therefore, have no criminal connotation.
"We are not seeking impunity, there is no intention to evade justice," said Cano, under the watchful gaze of Patricia Quiroz, a lawyer for the mine.
"I know they have committed a crime and may be sentenced, punished and pay reparations. Cerro Verde is appealing to the smacking of drowning to finish a trial time with the farmers, "said Javier Fernando Ballon, APIAES lawyer.
The judicial process will be extended further, however, APIAES members have shown their interest to reach an agreement out of court, ie to reconcile with the mine and leave the field to exploit the minerals found.
This raises two potential Solution: A Cerro Verde is given some land in compensation in any other area of \u200b\u200bthe city and one that will pay the investment in plantations that were in the land in dispute. The average farmer would be $ 20 000.
The problem between farmers and mine is from 1999. At the time the Seventh Criminal Court, by Judge Coaguila Jaime Valdivia, has ordered international arrest warrant for former president of Cerro Verde Randy Lee Davenport, who is in absentia status.
judicial process as a struggle between David and Goliath. The mining giant is receiving heavy blows of small farmers. At least in the early stages, you APIAES Cerro Verde has earned.

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APIAES Arequipa Historical Lies Vera defends


Know the real name of the founder of Arequipa. The White City was not founded in Camaná or San Lazaro.
Before the foundation was here the conquistador Francisco Pizarro and no one knows why the city did not found


Vistaprevia / Hugo Mendoza CH.

Arequipa in the history of more than one surprise. More than four centuries of officially become different versions circulating on its foundation and authorities. But the deeds of the notary at the time, to the contrary.
the day and year of the founding of Arequipa is correct (15 August 1540). But in the name of the founder there is an error, it is not Garci Manuel de Carbajal as argued by some historians and posters produced by the Provincial Municipality. Helard
Fuentes Rueda, director of the Regional Archive, says that this version does not conform to reality, says the real founder is Garcia Manuel de Carvajal. Fuentes paleographer, historian and archivist, he devoted his life to the study of public deeds.
"The oldest document is read García Manuel de Carvajal, and with" v "not Garci Manuel de Carbajal" he says.
The oldest record of our city is the notary Alonso de Luque 1539, ie, one year before the English foundation.

AREQUIPA WHERE WAS FOUNDED?
On the foundation of our city, there are three versions: San Lazaro, Camana and the Plaza de Armas. In 1891 the historian Francisco Javier Delgado noted that the foundation of Arequipa had taken place in the Plaza de Armas and rule out other options, such as San Lázaro. For its part Helard Sources said that "the geographical area of \u200b\u200bthe Plaza de Armas was the most appropriate and met the urban patterns and therefore could not be elsewhere."
turn, Fuentes ruled that the foundation was made in Camaná for three reasons: There is no charter, no no knowledge. No acts of distribution of land (blocks). Nor possession of agents (owners).
But what is there in Camaná Cabildo on April 3, 1540. In this council as authorities were, as mayor Alonso de Cabrera and ordinary mayors were Pedro Manuel Barroso and Garcia de Carvajal. Also at the meeting
empower and Luis Manuel García León and efforts to make grants to achieve for the people, both travel to Lima, but Garcia is back as Lieutenant Governor.

PIZARRO IN AREQUIPA
The presence of Francisco Pizarro in Arequipa is evident. There are two dates recorded by the notary Alonso de Luque. September 15 1939, Francisco Pizarro gives power to López de Alarcón (one of the founders). This version was published by historian Victor M. Barriga in 1939 in his book DOCUMENTS FOR THE HISTORY OF AREQUIPA, volume 1 page 33-34.
On September 13, 1539, Pizarro appoint three Council members to Chachapoyas. The Conqueror had a fixed stay in our city, had to withdraw to attend Yucay at the call of the rebel Manco Inca. Why Pizarro founded Arequipa if it was before the foundation? For now it is an unresolved question. Founding


The original record of the founding of our city does not exist. Only one copy fragmented, ie half. Was Francisco Javier Delgado historian who in 1891 found the founding of Arequipa. This finding was accidental and was in the second book of meetings and agreements. But the first book of meetings and agreements do not exist (1539-1545).

WHO WAS THE FIRST MAYOR OF AREQUIPA?
So far no one knows who was the first Mayor of Arequipa. In the minutes of Arequipa Foundation appears as mayor Juan de la Torre, but in the deeds of the period and the earliest record of our city of Alonso de Soto, in 1540, appears as mayor Juan Flores. Just in 1541 Juan de la Torre appears as mayor of Arequipa. That is another mystery yet to be resolved.

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Milon truck buying overvalued Milton Vera


* Milton Vera, Yanahuara mayor said that there were no irregularities in the purchase of tankers.
* paid more than 56 billion suns when its previous owner bought it at $ 3 000

Vistaprevia / Hugo Mendoza CH.

The weekly in its edition 41 revealed that the mayor of Yanahuara, Vera Milton, purchased a tanker of S /. 56 000 200 soles, when its previous owner paid for the same vehicle just $ 3 000.
Vera defends the purchase and claims not to have ceased to surprise. "Commercially it is within the market bid price, there was no irregularity has followed all the rules of law, "he says.
mayor's authority is unknown how the previous owner of the truck was purchased in just $ 3 000.
"You can not buy a tanker to 3 thousand dollars in the market," he says.
The purchase of the truck goes back to late 2003, the year Milton Vera management convened a selective allocation process, ie, there was an open, but three companies were invited.
The company that won the bid is COMREYSUR owned by Madeleine Llallachi Zaida. But the strange thing is that the owner of the winning company bought the truck November 2003, ie, a few days of the bidding process. The tanker is from 1989. Vera
ruled that there has been favoritism in the bidding process, "I have no connection with Mrs. Llallachi, winner of the bidding process" concerns.
The tanker is being used by the city to irrigate parks and gardens of this district.

MAYOR AND JUDICIAL PROCESS
Milton Vera and four of his confidence facing trial for the unusual recruitment that never went to work at the commune. This occurred also in 2003.
weighing a complaint on them in the Fifth Criminal Court for the crime against the public administration in the form of illegal collusion and usurpation of functions.
"We will prove that the accusation is baseless, not right now I can say nothing because demand is still ongoing and we can not interfere with the investigations," said Vera. The only thing that dares to assert is that it is confident that justice will reason and closes the file.
Those involved in the judicial process is 11. A Milton Vera the Fifth Criminal Court has imposed an economic bail of 5 thousand suns, besides the restricted appearance, ie can not leave town without permission from court and has to certain standards of conduct.
"I'm going to comply with the Judiciary and sign the book every first of each month," said Vera.

Wednesday, October 10, 2007

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pay workers prosecuted for "ghost"


* The judiciary banned the Yanahuara district mayor, Milton Vera Gamero and four of his trusted officials to travel abroad.

* According to research by the Fourth Criminal Prosecution, the economic damage from the commune would amount to 17 thousand 850 soles.

Vistaprevia / Hugo Mendoza Ch

Yanahuara Mayor, Milton Vera Gamero, not only has to answer for the alleged anomalies in the purchase a truck valued at more than 56 billion suns. But he and four of his trusted officials face trial for the unusual recruitment that never went to work at the district municipality. This occurred in 2003.
The judiciary has determined that none of those involved to leave the country. The restriction also extended to the six people who were hired.
In the document that had access VISTAPREVIA read that this engagement has brought economic harm against the commune, which amounts to 17 thousand 850 soles. However, the municipality paid Yanahuara 50 000 250 soles to the six contractors.

NO RESPECT
LAW The investigations carried out by the Fourth Provincial Prosecutor in charge of fiscal, Jaime López Tomy, it is clear that public servants did not follow the provisions of the Procurement Law of the State, ie, not a contest called public to request the services of external consultants but did so directly. But that is not the only irregularity.
happens that the Administrative Systems Manager of the District Municipality of Yanahuara Cleofé Roland Olazabal, usurped functions. Approved staffing requirements by signing the documents instead of the commune accountant, Antonio Rodríguez Cazon and also signed instead of the manager of Planning and Budget. More anecdotal
The error is that the contracts were signed in the days when the city did not cater to the public.
"We had no intent to commit an unlawful act, just not look at the date of the return in which we wrote the contract," said city manager, Carlos Sánchez Rivera, who is also sued in the Judicial Branch.
Another fault is that the checks that are canceled for any workers were not stamped with the words "not negotiable", therefore, anyone could collect it.
And they did, the treasurer of that municipality, Jacinto Pinto Condorí, made effective the pay stubs and Nataly Ramos Osorio Banda Jesus Aguilar.
"They asked me to collect these fees because they had no time to do", he told the audit committee. LES

prepaid
The "blessed" in 2003, by the administration of Vera Gamero were: Edgardo Calderón Casani, Consuelo Montesinos Cusirramos, Nataly Ramos Osorio, Jesus Aguilar Banda, Luis Miguel Rodriguez Quispe Chura and Larrea. All of them were paid on time and in many cases in advance without submit reports of the assignment.
The funny thing is that any supplier of the municipality must wait at least 15 days to deliver the accounting area for the services received, but in this case the payment was made in record time.
The trial began on January 31 this year and will be the judge of the Fifth Criminal Court, Lorenzo Araníbar Araníbar, who determine the guilt or innocence of those involved in this case. THE ALLEGED


Crime Against Public Administration
(illegal collusion and usurpation of functions)
Milton Vera Gamero (Mayor of Yanahuara)
Carlos Sánchez Rivera (City Manager)
Cleofé Roland Olazabal (Manager of Administrative Systems) Wilbert
stop Becerra (Deputy supply)
Condori Jacinto Pinto (Treasurer) Unlawful Collusion


Crime Edgardo Calderon Consuelo Montesinos Casani Cusirramos


Nataly Ramos Osorio Banda Jesus Aguilar Chura Quispe

Luis Miguel Rodríguez Larrea


Who
money transfers Balbuena?


Vstaprevia / Hugo Mendoza CH.

Over 3 million soles of the proceeds from the Municipal Fund will be delivered to the City of Yanahuara, ie the question Mayor Edilberto Milton Filiberto Vera Gamero.
Mayor Simón Balbuena province last week announced it will transfer these funds to that the management of Vera Gamero run the work of improving the Army Avenue and metropolitan route.
"The amount will be deposited to an account of the commune of Yanahuara and we will not have anything to do with how they use it. Clear that the transfer is for specific projects, "said Balboni.

Nadine Jansen After Birth

Papelón authorities and officials visiting the Premier Jorge del Castillo


* Bread and fuel price never came down after the tour of Arequipa Jorge Del Castillo.
* Now, Guillen threatened to lead a strike since Aug. 6

Vistaprevia / Hugo Mendoza CH.
The reduction of fuel and bread was a mere illusion. The premier's visit Jorge Del Castillo brought more problems than solutions. Was practically a walk where local authorities and members of the Frente Amplio Civic Arequipa (FACA) were badly.
"The government has deceived us once again been rocked," said Jorge Del Carpio, head of the Control Committee of the last strike indefinitely. As had an abrupt end, there was even a conspiracy to put down the leaders of.

Papelón
The day after the visit of Del Castillo, most local newspapers published front-page "Lower the price of bread and fuel." A big lie than a week later was the discovered.
happens that the Prime Minister in his long tirade, the same snake charmer, on the floor of the provincial municipality, said the government would dictate measures to reduce the price of bread and fuel. He talked about lowering tariffs and even subsidies. It was announced that would reduce to zero the tariff on imports of flour and 100 million would be used to prevent oil rises
Then, Guillen praised the achievements as well as other authorities and leaders. However, days passed and there was no reduction or anything like that. It was obvious that any government action could make a decrease in the prices of bread and fuels. But that idea was sold and the new population was deceived.
A week later, everything was confirmed. The officials who came from Lima to attend the workshops, said the Prime Minister had said what he said and understood nothing of what the authorities regarding the fuel price was right. Regional President
then went on to say he understood that the promise of Del Castillo pointed to an effective reduction of the cost of bread and fuel. When he realized the newsprint, came to threaten the government to begin an indefinite strike on August 6 if not complied with the announcements made at Arequipa. This week is crucial for what the course of negotiations. Strike down


After all this, Jorge Del Carpio, accused of radical leader and being the main opponent to be given a respite to the government, who now blasts broke the strike.
"Balbuena and Guillen have betrayed the interests of the people and now that they are disappointed not to have achieved anything, they want to call radical action" he said.
added that "the population continues to buy six loaves of sun, carriers are threatening to increase the urban passage. Jorge Del Castillo and Pedro walked in his house, and authorities are just arequipeñas realize and have begun to see the magnitude of the problems. "

Bridal Stores In Toronto On Spadina

Feast of APRA in Cerro Verde Public Records

* Companion APRA Manuel Gamarra, in less than two months has hired more than 10 people.
* Facilities are for party meetings, official car is used improperly. Served for the transfer of Premier Jorge Del Castillo.

Vistaprevia / Hugo Mendoza CH.
The new regional manager of the National Superintendency of Public Registries (SUNARP), Manuel Gamarra Seminar, besides the public register of its law enforcement processes, has begun recording a record of favors to people around you have placed in that entity. Gamarra is just two months as head of the Registry Zone No. 12-HQ Arequipa, but during his administration and went to work more than 10 people. The general comment is that they are co APRA, however, when VISTAPREVIA wanted to corroborate this information at the website of the APRA, we found that the pattern of militants is not yet posted on the portal. This list was withdrawn
suspiciously in the presidential election campaign, as leaders must again be placed, but the lack of transparency in the party's sensational star.
Staff recruitment is particularly aggravating, it turns out that several persons who have entered not have the profile required by the office. For example, Iryna Delgado Huertas del Pino is an anthropologist, was hired to transfer the management and paid 2 000 soles for the few weeks he worked. Another favored
Bazán Roman Felicitas, she worked in Autodema and happen to work for 15 days he was paid 2 000 200 soles, is currently working. In managing
Gamarra has hired 12 people for no Personal Services (SNP), a person in Table Allocation of Personnel (CAP) and three practitioners.
In this institution there is an average of 250 workers, of whom 77 are appointed (CAP) and the rest are hired, SNP and practitioners.
Manuel Gamarra has a monthly salary of 8 000 500 soles. We are five senior officials with a salary of 6 000 500 soles. The 23 professionals (P1) receive 6 000 soles, professionals (P2) 4 thousand 500 soles and there are 32 professionals (P3) with a salary of 2 000 800 soles. The 16 technicians (T2) received 2 000 800 soles. Undeclared


Other information that is handled within the SUNARP Gamarra is not yet submitted the affidavit of assets as required by law. In other words, we will not know how much income, property and other had before entering this institution and how much will come out.
The weekly in its edition No. 33 revealed that Gamarra has a record of complaints and questions that pass from domestic violence against their parents, to the alleged embezzlement against the state.
Its passage by the public sector was most ungrateful. Gamarra consideration not only earned his salary as a legal advisor in the previous management of the Regional Government (led by Daniel Vera) but also received her honorary professor of the Colegio San Basilio Caylloma province. And the whole process is archived, but it is a precedent in his service record. LOCAL PARTY


Gamarra is the excellence and the importance of the APRA Agustín Mantilla, so do not quote his friends at fancy restaurants, but in his office. Thus, in early July, the Public Records facilities became local supporter.
According to the recording of revenues, Gamarra's office is frequently visited by
Valderrama Arturo Chavez (former congressman and current head of PRONAA) Messa Alberto Meza (APRA leader and governor of the provincial municipality), Antonio Gamero (mayor of Alto Selva Alegre), Luis Alberto Farfan Tanaka (lieutenant governor).
There was one morning, days before the arrival of Prime Minister Jorge Del Castillo, in which all these people gathered in Gamarra. APRA was a true caucus, where there were some guests.
That day, the first to arrive (10:03 hours) was Edgar Felix Corimayo Tables (former CONREDE), a few seconds entered Arturo Valderrama. At 10:10 came Enrique Revilla David Gallegos, Larry Hubert Valdivia Pinto (ex AUTODEMA manager), Alberto and Antonio Gamero Messa.
Meanwhile, at 10:28 did the same Godofredo García Delgado, a minute later Luis Alberto Farfan Tanaka, at 10:30 Mario 11:18 Manrique Acosta and William entered Abelardo Ortiz Sotomayor Muñoz and Jorge Luis Rodrigues.
According to our sources, remained together for over an hour. USE OF VEHICLE


The Terrano model Toyota pickup, red with RH running board 7966, property Public Record was used to transport the Prime Minister Jorge Del Castillo.
Such misuse of State property is pampered and promoted by Gamarra, who all struggled to be next to Del Castillo, even quit his job in the SUNARP to attend the extended meeting where he took the Premier.
What future awaits the SUNARP in the hands of a questionable APRA? Does the political party in the absence of top professionals and technicians had to rely on people like Gamarra?
is necessary that the Union of Workers and start to rule SUNARP an oversight role to the current administration. Would not keep silent accomplice.


PEOPLE WHO HAVE COME TO WORK ON
SUNARP-AREQUIPA

Table Allocation of Personnel (CAP)
José Cárdenas Ticona

Non-Personnel Services Roman Felicitas Bazán
Iryna
Delgado Huertas del Pino Aragón Arleth Fernán Zegarra

Carmen Elena Sotomayor Ivan Pastor Oscar Aníbal Muñoz Irrizábal
Salas Jose Luis Salas Caceres

Naldy Canazas
Ardiles Pino María Luisa Ojeda Quintana Pinto Cindy


Lucy Lucy Regina Regina Alfaro Velasquez Luque Cohaila
Practitioners
Velásquez Luis Mansilla Luis Velarde

Oswaldo Delgado Talavera Calle Cerro Verde

Roots Of Hair Are Lighter Than Rest Of Hair?

loses suit against 'farmers'


loses suit against 'farmers'

* Yarabamba land in dispute between mining and the floor moves APIAES giant copper in Arequipa.
* Prosecutor rejects its demand and Randy Lee Davenport, former president of the SMCV, is with an international arrest warrant.


Vistaprevia / Hugo Mendoza CH.

last week unveiled VISTAPREVIA exclusive Seventh Resolution Criminal Court, which declared as a criminal warrant absent locally, nationally and internationally to the former president of the Sociedad Minera Cerro Verde, Randy Lee Davenport.
a result, the Public Affairs Manager & Communications Sociedad Minera Cerro Verde SAA, Pablo Alcázar, sent us a statement explaining the legal dispute largely maintained by the mine with a group of settlers in Yarabamba, and the issue of Davenport devotes barely a paragraph of three lines . Alcazar briefly recognizes the judicial status of the former president of SMCV.
But for better understanding of the judicial process that follows the mining of the Association of Agroecological Producers South Industrial (APIAES), detail the arguments of both sides for you to draw your conclusions.
whole problem is caused by the dispute over the possession of a land located in the district of Yarabamba.
APIAES argues that they are squatters since 1999 and therefore their rightful claim ownership, but the unknown and Cerro Verde said it has possession since 2000 thanks to a mining lease and also APIAES was established only in 2003.
The truth is that in judicial proceedings, who is ahead is APIAES, at least it shows the progress of the trial and the declaration as a defendant in absentia former president of the SMCV. ARGUMENTS
APIAES


- We have possession of the land (246 hectares) since 1999 in the sector in the district Cavaria Yarabamba.
- Farmers planted more than 50 plants tara. President Felix APIAES Bejarano recalls: "We have a record of positioning of land issued by the magistrate Yarabamba."
- In 2003, the SMCV denounced the alleged crime of Usurpation in the Fifth Criminal Prosecution, however, the complaint was dismissed for the same Prosecutor.
- In 2005, the SMCV APIAES complaint to the Third Attorney for the alleged crime of Usurpation in the mode of Destruction and Alteration of Boundaries.
- A consequence of this complaint, the First Senior Deputy Prosecutor, by Maria Lazo Rodríguez, sort against Cerro Verde open statement to the Seventh Criminal Court.
- On June 4, 2007, the Public Prosecutor decides to accuse the former president of the SMCV, Randy Lee Davenport, for the crime of usurpation. The complaint was filed by farmers.
- Last Friday, July 13, Randy Lee Davenport was declared defendant in absentia by the Seventh Criminal Court, presided by Judge Jaime Coaguila Valdivia, who has also prepared an arrest warrant at the local, national and international. The trial issue is pending sentencing.
- "The position of the land for APIAES already renowned prejurisdiccional (Police), Public Prosecutor (OTP) and Criminal Court," the lawyer for the farmers, Javier Fernando Ballon Hallasi.
- There was a survey tara plantation to argue APIAES possession since before 2000. According to the survey the age of the plants longer than 5 years. Engineers Revollar Ramiro Lucas Vila and made a new assessment at the request of the court and confirmed the above.
- Engineer Alejandro Garay made the first official survey ordered by the Prosecutor.
- Not satisfied with the results, the engineer called Alcides SMCV Claveria for another evaluation, the results of this study were similar to the previous.
- According to the Proof of Registration of Premises (search cadastral Issue 81305-06), the lands in dispute in the sector Cavaria, Yarabamba according to the technical report 1411-2006/ZRXII-OC-R, are not registered.
- APIAES filed a petition for Injunction to Retain (disturbance of position) (File No. 8573-2005), before the Fourth Civil Court clears Eloy Zamalloa. Pending hearing signaling.
- 26 May 2006, the mining claim APIAES again for the same crime of usurpation, this time in the Sixth Criminal Provincial Prosecutor.
- Last July 11, 2007, by Resolution No. 346-2006 declaring the prosecution has not held that complaint. RECONCILIATION


- Felix Bejarano, President of APIAES (with 20 members) states that interest is to plant more than 100 000 trees tara. "The water we will draw the subsoil."
- however, acknowledges that they have the will to reach a settlement with the SMCV and withdraw its interest claim ownership of the land.
- This suggests that they are compensated with other lands of the same size or at least pay them for the investment they have made over the years in the disputed area. Bejarano as the amount per member would be around 20 thousand dollars.

WHAT IT SAYS THE MINING

- This is the land located in the district Yarabamba within our metal mining concession Tiabaya 67.
- Between 2003 and 2004, 15 people from the Association of Agroecological Producers South Industrial (APIAES) applied in direct sales to the Special Project for Land Titling (PETT), land located in part on the mining concession called Tiabaya 67, Cerro Verde, this Yarabamba in the district.
- The SMCV, as holder of the mining concession, came to occupy the area in question and complying with the payments, in accordance with the provisions of the General Mining Law, so that according to the provisions of existing law , opposed by APIAES applications.

- In the merit of the resources of opposition filed by SMCV. The Regional Directorate of Agriculture (DRA) applications declared inadmissible; what motivated the impugnatorios recourse from those who wanted to benefit from the scope of a law that was rightfully theirs. Consequently, the Ministry of Agriculture confirmed the contents of the resolution of the DRA and declared inadmissible the applications in direct marketing award, presented to the PETT - Arequipa.
"The applicants were notified according to law with the resolution issued by the DRA. The core of this document lies in the free zone is not available, by pre-existing mining concessions, whose owner is the SMCV, credited as with Departmental Resolution No. 01374-2000-RPM, dated 5 April 2000, whose introduction clearly shows the date and time of submission the request of the mining concession, since that opportunity has been practicing possession of the area in question.
- Consequently, these people (APIAES) lack the legitimacy that title right to occupy the land concession for Cerro Verde. The area where these assumptions are intended to provide small farmers is an area completely dry for the development of any agricultural activity such as no water.
- On the court action would follow against its former president, Randy Lee Davenport, report that they are following established legal fees and that in any case, proceed according to law. LOOK


David and Goliath?
's lawyer is Berly SMCV Cano Suarez, nothing less than the former president of the Superior Court of Justice of Arequipa, the same that claimed 85 thousand soles in six months to advise the provincial municipality former mayor Yamel Romero. Meanwhile, the lawyer for the young professional APIAES Javier Fernando Ballon Hallasi.
addition, (as SUNAT) Vice President of the SMCV Marranillo Torreblanca is Julia, daughter of the chief prosecutor, Julia Marmanillo. Who will win the case?