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?
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