UPON REQUEST OF THE MEMBERS OF THE ASSEMBLY OF THE SILVER RIVER BASIN INTERNATIONAL recused THE FEDERAL TAX DR. RITA MOLINA ESTHER
INCIDENT CHALLENGE BRING
Federal Court No. 1 of San Isidro
Dr. Mrs. Judge Sandra Arroyo Salgado. Secretary
No. 7 Fonzo Dr. Paul Martin.
ENRIQUE CARLOS Ferreccio, lawyer T º 81 F º 887 CPACF, keeping the home procedural Ituzaingo 373, Box 444, (Study Gelaf-Ferreccio) San Isidro, complainant in case No. 2843 cover art in Division No. 7 as "ENRIQUE CARLOS Ferreccio SU COMPLAINT C / STATE NATIONAL AND OTHERS / BY environmental havoc, CRIME AGAINST HUMANITY, AND OTHER OFFENSES FORGERY Ideological, "I respectfully submit to VS and say
I. - OBJECT
That I come to file motion for disqualification under the rules set forth in Articles 8.1 of the American Convention on Human Rights, 14.1 of the International Covenant on Civil and Political Rights, Article 10 of Universal Declaration of Human Rights and XXVI of the American Declaration on the Rights and Duties of Man, under the ritual of Articles 55 inc 11 in light of Article 71 of the Code of Criminal Procedure of the Nation, U.S. Attorney against Ms. Dr. Rita Ester Molina manifest enmity by his conduct adverse to this part for his reckless statements, misleading, misled, and, contrary to law, preventing further input to the public hearing, the representative of the Complaint, which is also the Legal Sponsor of the native islanders, attacked by a crime against humanity and collective environmental damage.
II .- FACTS AND PRINCIPLES.
The historical chronology of the events giving rise to the challenge, starting when Ms. Attorney, made a visit in mid August 2010 the sector of islands Multipurpose Workshop, where the islanders were working, weaving reeds, at the confluence of Arroyo Anguilla La Paloma, on her visit to the PNA, without complaint, which was not notified, at that time, according to the testimony of Jorge Peimer DNI. 4,605,951, Diego Dominguez DNI. 23,780,619, Hector Arroyo Orlando DNI. 5,525,171, Juan Domingo Presented DNI. 11,627,871, Jeronimo Gadea DNI. 13,425,795 and other islanders, Ms. Prosecutor would have said that one could only defend what was not yet removed, the area of \u200b\u200b"Arroyo Anguilla" at the confluence with "La Paloma", but it would be impossible to recover, which Colony Park SA already has so advanced work in other sectors of the island, prompting the islanders settle elsewhere.
That on August 18, aware of the letter "raises administrative appeal with an appeal in subsidy" implemented by the U.S. Attorney Ms. Dr. Rita Ester Molina and, having noted some errors or postures that lead to error, incurred by Ms. Attorney, is that it has informed in writing as a fs. 571/585, whose concepts refer to VS, by reason of brevity.
On September 10 we present ourselves to the Federal Prosecutor's No. 1 San Isidro (Belgrano 344) by the native islanders, for a hearing, pre-arranged by telephone, Mr. Secretary Dr. Federico López Spada, for Friday 10 at 10 pm.
When we arrived, Mr. Secretary shows us that Ms. Attorney was not present, by a misunderstanding, however, rose up as the request plaintiff the islanders, with the signed legal representation, as shown in fs. 657/664. At that time
request for rehearing, which was agreed for the September 14, 2010, at noon. When we reported to the headquarters of the Federal Prosecutor, Judge in person says to me screaming and very aggressive, "Dr. Enrique Carlos Ferreccio not come to my Office, because he has" disrespected "in the documents submitted with prior to "(sic) (referred to, including the letter of fs. 571/585).
Given this reckless and maladjusted, only entered the island's population consists of Juan Domingo Presented, DNI. 11,627,871, Juan Antonio Derganz DNI 11,972,355, Antonio Ledesma DNI: 7,516,409; Osvaldo Pedro Andino DNI: 5,616,572; Roberto Galloro DNI. 5,611,438; Jeronimo Gadea ID: 13425795; Mario Martin Gadea ID: 7641127, Julio Gadea ID: 11712108; Angel Gustavo Espindola ID: 20435301; Orlando Hector Arroyo ID: 5525171, Dr. Carolina Romero Hereu Dr. Victor and Pedro Fernández Floriani sponsor Andino.
At the hearing, according to the witnesses said, Ms. Prosecutor restated her, to be prosecutor, was a human being and Dr. Enrique Carlos Ferreccio had been disrespectful in his writings, so not ever receive in his office.
continued stating (according to witnesses) requested the cessation of work of the Colony Park SA company, but Mrs. Dr. Judge Sandra Arroyo Salgado refused. Therefore I appeal to the House and said he was waiting for the resolution when it settled lower Chamber Judge who is ill, will be for next week.
then Ms. Prosecutor after becoming aware that his counsel Mr. Andino, filed a petition for mediation in Capital, said Dr. Fernandez Florian because it was the civil mediation in Capital, when the competition was in San Isidro, responding there was no mediation in the Province, so the capital initiatives. The Prosecutor strongly agreed with the civil courts tried and suggested to all the islanders who should do what Dr. Fernandez said Florian.
then provided as evidence of the island, Ms. Prosecutor stated that all would have to civil proceedings, and seek financial compensation that was most convenient for them. What the Islanders Andean Derganz claimed that their land only interested (nodding all others).
Before this arbitrary conduct, reckless, which is misleading by not telling the truth, undermine the defense at trial and due process is that the Complaint based challenge proceedings against the representative of the MPF.
addition, the chain of events irregular procedure on the record, I noticed in the actions of Judge challenged a state of passionate side against the Complaint and the victims of the crimes detailed by complete lack of objectivity in the investigation, a tendency to bias, failure to uphold the law ( art. 120 CN), inducing people to follow to achieve a civil monetary compensation and restricting the criminal for crimes against humanity and wreak damage to the ecosystem, as I would have said repeatedly. Skip
acting Attorney profile that responds to a Magistrates Court's own privilege Tracks or in a subject that deserves an extra protection, such as the present case where households are engaged, life, health of the island generations present and future, and where the toxic effect of adulteration by the dredging of fresh water, shallow and deep, spread by one of the most important watersheds in the world, the Rio de la Plata and its International Basin.
The damage reported is intimately linked with the right to health, quality of life, sustainable development, peace, tranquility, welfare, privacy, physical and psychological integrity of individuals, groups, and community island, and is an estimate of human development, property more important than economic benefits.
III .- RIGHT.
not oblivious to this complaint, remember the earlier challenge against Dr Sebastian Lorenzo Basso and that the restrictive order that is imposed now look with caution and extreme caution grounds for exclusion from Dr. Rita Ester Molina, given care should be taken not only self-interest but also by the general who could be affected by the misuse of other movements of one side of the process and undermine the trial.
That said, it is estimated that enmity, hatred or resentment, can only be considered if such a state of mind is manifested by external acts that give public status, which may VS verifica en la audiencia prevista en el art. 71 CPPN, conforme la prueba de testigos, solicitadas por esta parte.
La enemistad manifiesta, debe apreciarse a través de evidencias que determinen, de forma contundente, la existencia de la enemistad entre el recusado con cualquiera de las partes en el proceso; lo que nos lleva a tres conclusiones fundamentales, que el recusante debe tener en cuenta para que prospere su pretensión: 1º) debe alegar hechos concretos; 2º) tales hechos deben estar directamente relacionados con el objeto del proceso principal donde se generó la incidencia, de tal manera que afecte la capacidad del recusado de participar en dicho juicio, y 3º) debe señalar el nexo causal entre los hechos alegados and the causes identified in order not to impede the work of the Prosecutor, at the expense of trial. Under this
and as expressed in the standard can only be challenged by judicial officials have demonstrated the fact authentic reasons, in this case, the enmity mentioned, through facts, healthy appreciated the impartiality to suspect of this, ie should the challenged disclose or act out a mood that is evident in that they demonstrate unquestionable acts as unobjectionable, that is made from the same forced abstinence.
However, the challenging party, supports the fact that he was prevented from entering the office of Ms. U.S. Attorney who also verbally abused him, untruthfully, to express in loud and in public that: "YOU HAD MISSED THE RESPECT IN THE WRITINGS" through this act, I can conclude beyond all doubt, to qualify to Ms . Attorney Dr. Rita Ester Molina to have "enmity" with the charge of the case. It is easy to conclude then that the challenge should be applied in accordance with art. 55 inc. 11 71 depending on the CPP.
Therefore, I believe that recusal is the appropriate way to enforce the claim, because, as acted by Ms. Attorney, not only violates the Constitution in Articles 18, 28, 31, 33, 41, 120 and the International Covenants and the right to be heard, but as the record, be inspired discrepancy factors undoubtedly reflect, enmity with the complainant and the island's population, creating a state of suspicion of bias , by apathy, indifference, against this part and the law; to overwhelm, undermine and violate the rights of defense and due process right in the statement of case No. 2843. VS
also will notice that the drive is integrated with an esprit de corps harmful "for all local and federal prosecutors have intervened in this case, since mid-2008 to the present, especially the behavior Dr. Sebastián Lorenzo Basso and Attorney Ms. Dr. Rita Ester Molina, regardless of their fundamental role, as it is, the promotion (ne Procedatos judex ex officio) and the exercise of criminal (as holder the public prosecution the State must comply with the principles of legality, trades, irretractabilidad, for clarification), which pays more than the "crime majestatis" denounced in the case.
Therefore, I request to depart from the case to Dr. Rita Ester Molina for the reasons of fact and law set forth herein, will produce the evidence offered and will have the audience, because the need for hearing flows that is the only useful opportunity to answer the report of Ms. U.S. Attorney challenged and it is not a gracious concession, but an authority conferred by the Supreme Law and the Covenants (CS, Judgements 254:437).
therefore deprive the Complaint of the possibility of fulfilling this task, it is not compatible with the guarantee of legal defense (CS, Faults 308:1557, 310: 1934).
also made it clear, explicitly, that this presentation does not matter in any way detract from the personal qualities and the respect they deserve Judge challenged. Also, the terms of suspicion of bias, illegitimacy, irregularity or similar meaning are used in technical legal important but by no means a disqualification to the person of Mrs. intervener Attorney.
IV .- TEST
offer as evidence of the extremes invoked, as follows:
1) Instrumental:
Cause No. 2843 cover art in Division No. 7 as "ENRIQUE CARLOS Ferreccio YOUR COMPLAINT C / STATE NATIONAL AND OTHER, and especially acted as a fs. 571/585, which Ms. Attorney Complaint asserts that disrespect him, discrediting public.
2) Testimonial. Dr. Carolina Hereu
Victorica Romero, ID. 18,307,280, San Lorenzo 521, Muñiz, Buenos Aires Province.
Antonio Ledesma, ID: 7516409, Zervetto 1123, San Fernando. Roberto
Galloro, DNI. 5,611,438, Alsina 360, San Fernando.
Mario Martin Gadea, ID: 7641127, Alsina 150, San Fernando. Juan Antonio Derganz
, DNI 11,972,355, Arroyo Canal Linking Anguilla, 1st Section of Tigre Island.
Osvaldo Pedro Andino, ID: 5616572, Zervetto 1895 San Fernando.
Angel Gustavo Espindola, ID: 20,435,301, Ituzaingó 485, San Fernando. July
Gadea, ID: 11712108, Alsina 150 San Fernando. Juan Domingo Presented
, ID. 11,627,871, Ayacucho 400, San Fernando. Orlando
Hector Arroyo, DNI. 5,525,171, Alsina 268 San Fernando Jorge
Peimer, ID. 4,605,951, Arroyo San Jorge, Casa Gringo Stubborn, 1st Section of Islands, Tigre.
Diego Dominguez, DNI. 23,780,619, Arroyo Gambado, spring: "You have to" 1st Section V.
Tigre Island - FEDERAL RESERVE CASE. Finding
affected the guarantees of due legal process and legal defense against this part, because of adverse conduct Madame Justice challenged and is providing an objective harm to the normal development process, the reservation of federal case The preferred degree circumscribe to exercise the rights involved art 18 CN, assuming no jurisdiction to interpret the fundamentals of this motion for disqualification and fails or refuses to convene the hearing of the art. 71 CPP, therefore, to approach of this part, incurred VS. in constitutional omission harmful, so that their actions collide with the art. 18, 28, 31, 33 and 41 of the Constitution and international treaties, then, are also violated the guarantees of defense at trial and due process of the victims, together with the duty of environmental preservation.
By applying the principle of possibility, and it is our duty to exhaust the possibilities that our rights to life, health and healthy environment, as well as the guarantees of due process and legal defense of victims for crimes of public action, such as environmental havoc denounced the possibility of an unfavorable outcome, the case introduces the constitutional signed, leaving the federal question raised to that in Articles 14 and 15 of Law 48, in order to obtain the alteration of the constitutional rights involved and the procedural rules broken.
VI .- REQUEST.
For these reasons apply:
1.) It forms the motion for disqualification and will convene the hearing provided for in art. 71 Coll. Criminal Procedure of the Nation, the Complaint to state the elements of facts and evidence on the ground of objection submitted. Accordingly, Judge challenged and complaints are the parties to the incident involving the art. 71 CPP.
2.) Timely deviates to Judge Dr. Rita Ester Molina of this cause.
3.) The reserves have this federal case asked.
PROVIDE THAT UNDER JUSTICE WILL
Enrique Carlos Ferreccio
CPACF T º 81 F º 887