BEHAVIOR, AND THE HARMFUL ACTS AGAINST assault ANCESTRAL island populations, FOR SEVERAL YEARS AND ALTERATION OF THE PARANA DELTA BOUND BY THE ASSEMBLY OF THE SILVER RIVER BASIN TO PRESENT AT INTERNATIONAL DAY OF THE DATE THE FORMAL COMPLAINT CRIME BY CRIME AGAINST HUMANITY AND AGAINST HYDROGEOLOGICAL COUNTY PUBLIC AUTHORITIES TIGRE.
EXPANSION OF COMPLAINT IS FILED WITH THE FEDERAL PROSECUTOR # 1 DE SAN ISIDRO, as follows:
widely denounced. Provide evidence.
AGAINST CITY OF TIGRE.
CRIME AGAINST HUMANITY.
misrepresentation.
FAILURE TO DUTIES.
MRS. FEDERAL TAX
ANTONIO LEDESMA, JUAN ANTONIO DERGANZ, FILED JUAN DOMINGO, ERNESTO JORGE CASTRO, RAMON SUBMITTED SEBASTIAN, ROBERTO Galloro, GADEA GERONIMO, MARIO MARTIN GADEA, JULY GADEA, ORLANDO HECTOR ARROYO, Osvaldo Pedro Andino, JORGE ANTONIO PORQUERES, ANGEL ESPINDOLA , JUAN CARLOS CASTRO, MARIA ADELA PELAYO, ALBERTO RAMON CASTRO and ENRIQUE CARLOS Ferreccio ALTUBE, plaintiff in case No. 2843 of the Federal Court No. 1 of San Isidro, cover art in Division No. 7 as "ENRIQUE CARLOS Ferreccio s / YOUR COMPLAINT "with the legal representation Dr Enrique Carlos Ferreccio Altube lawyer, CPACF T º 81 F º 887, MFI T º 110 F º 505, keeping the home Ituzaingo procedural 373, Box 004, San Isidro, in their own right are submitted to the MPF and respectfully say:
I. - PURPOSE. Based on the proofs outlined in Order No. 2843 and provided herein, may suggest that it is based the assumption of high probability, as to the existence of a "crime against humanity" against the civilian population deployed illegal conduct, among others, by Tigre Mayor Sergio Massa, who in his wrong act as administrator of the municipality, have also incurred the typical behaviors of abuse of authority and failure to comply with the duties of public official.
Mr. Governor of Tigre, as Administrator of the municipality has a duty to act prudently and with full respect of the legal framework in the performance of their duties, and therefore the greater their obligation to the possible consequences for the offending acts on the participation in horrendous crimes as serious and they're saddled with the Court, established in the Treaty of Rome and against humanity. It
refer to the Rome Statute of the International Criminal Court, whose encoding is set out clearly the types of crimes that fall under its jurisdiction and the exact definition of them, entered into force on 01.07.2002, the Statute is approved by from the Argentine State on 23.01.2007, under Law No. 25390; which are included serious acts of violence that undermine the essential aspects of human being life, liberty, physical welfare, health, dignity, healthy environment, etc. and that the severity and extent, are intolerable to the international community, demanding his prosecution.
We must not lose sight of the facts aired in the main file as house demolitions, destruction of plantations, flooding of dry reed fields, changes in hydrological conditions, adulteration of fresh water by dredging, modification of the course of waterways, raising the height of elevation, changes shore line and alteration of a unique ecosystem in the world as the Delta of Parana, where it attacked the civilian population ancestral island violations fall under these basic human rights, ie majestatis crime to be involved officials.
II .- THE HISTORICAL AND LEGAL FRAMEWORK OF THE HARMFUL ACTS IN SOCIAL INTERACTION TO CIVIL LIABILITY THAT GIVES TOP - BASICS. In this trial the complaint promotes research on the full range of illegal and criminal actions carried out since the state institutions themselves, whether municipal, provincial and national government as a result of plan continuous, systematic and widespread attack against civilians in the Paraná Delta and the residents adjacent to the River Basin of La Plata, executed under the pretext of developing gated communities in that area at the expense of indigenous populations, with modification and ecosystem disruption of economic benefits.
Tigre is a town with a history of more than a century associated with the establishment of residential weekend, preferably located in their area of \u200b\u200bislands in the Delta del Paraná. In the continental sector, the residential market aimed at the middle and upper-middle did not offer great potential for expansion until the last decade twentieth century, although about a third of that area was land belonging to the floodplains of the Reconquista and Lujan rivers (Núñez, Jankilevich, and Pelfini Brunstein, 1998).
natural physical characteristics of these intertidal flats polygenic or high flooding, flood-prone to flooding, and the incomplete accessibility of the land, restricted the development of real estate projects for these sectors.
By contrast, those same characteristics that influenced the formation of the scarce and market value were revalued little productive use by private economic actors (and public) in the light of new socio-economic, technology and more investment, becoming the foundation for the growth of gated communities (UC) on illegal landfills for breach of aquifers and alteration of waterways.
The fragility of these soils flooded the city of Tigre called wetlands and estuarine bottom yesterday, acknowledged after the thin thickness of the water table, the presence of impermeable salt aquiclude Querandinense, which always appear well saturated, it is extremely floodplain, recognizing levels maximum flood to 5.24 IGM, that is: 3.5 feet above average natural elevation of the plot that does not exceed 1.4 IGM.
For this area, in only 400 years ago sailed the ships of the English conquistadores developed and the Rio de la Plata, where he also went silting the river and wind loss that made him a regime of approximately 1 meter every 500 years.
and demonstrate the natural fragility of the soils to which you have added the ravages of crime by illegal hydrogeological dredged soil delivered to steal 2.5 million years old belonging to the Province of Buenos Aires, to generate filled "across legem "detailed legal framework in cars, in areas increasingly under pressure to be occupied by gated (UC) of every kind and highly contaminated water charges they poured the Tigre River, the River Reconquista, the relief channel and Luján.
The UC are private settlements are built outside the city's public network, physically separated by a border material (area delimited by some kind of enclosure), with private production of urban services within its territory and a very broad services (security, garbage collection, etc..) and activities such as recreation, education, etc.
is identified in the housing market the following types: country club, gated, mega-UC or city-town, country, yacht clubs, farms or closed rooms. The names and country club gated community are the only defined by current legislation (Decree-Law No. 8912/77 and Resolution No. 74/97 of the Ministry of Lands and Urban Development in the province of Buenos Aires) (Rivers, 2005 .) These weaknesses
existing wetlands, they are harmed by the alleged real estate development, so fresh water aquifers live load without any filter all the pollution that run through natural drains, to which we add the recurrent flooding, both by overflowing rivers and streams that cross them, for the effect of the "Southeast" Rio de la Plata, which hinder the natural water runoff, flood coming to recognize up to 5.24 meters in the recurrence of 200 years,
The guiding principle in force on the Human Right is anchored in international treaties with constitutional standing-art. 75 inc. 22 Constitution, as it is repeating this complaint in the case and also detailed the existence of a "Corpus Juris aquarum Ambientalis" customary and binding nature, which arises from the intersection of all treaties, agreements and understandings signed by the five Coastal (Argentina, Uruguay, Brazil, Paraguay and Bolivia) to regulate water resources, biotic and abiotic system formed by the tributaries and tributaries of the Paraguay, Parana, Uruguay members of the International Cuenca del Rio de la Plata which emerge in a series of principles, objectives, rights, obligations and actions that, by repetition and consistency, we can infer that these five States have given their adherence to customary practices whose construction is based on a coherent set of rules concerning the use, management, protection and conservation of water resources, both domestic and international.
Based on this history together, do not hesitate to assert that it comprises a solid "Corpus Juris aquarum Ambientalis" customary and binding nature, the core core is composed of principles, obligations, rights and goals they set a priority order to defend the civilian population and the ecosystem that sustains them, the Delta of Parana River basin and the Plata.
All this legal framework is omitted respect for public officials reported to the MPF, among them, fail to comply with the law Mr. Tigre Mayor Sergio Massa as we have been basing over this record. As Ms.
Attorney well know, the institutional life of our country is governed by laws and their enforcement depends on continuity of the organizational system (public and private) and the very security of the nation and its people. Article 16 of the Constitution is loud and clear: "La Nación Argentina does not support prerogatives of blood or birth: no personal privileges nor titles of nobility. All its inhabitants are equal before the law and admissible to employment without any condition other than ability. Equality is the basis of taxation and public burdens. "
Everyone is required to enforce the law. But if those laws are not enforced, and those who do not comply are public employees, ie people paid taxes on the people-such breach takes unusual severity.
social system suffers and the credibility of public agencies and officials were called into question trial. Because if it is true that we are all obliged to comply with the law, that obligation increases in public men who, by their function, can not claim ignorance or ignorance or as in this case late try proved by a Management Plan , which is more of a siren which are ignored until the Core Environmental Indicators injuring the art. 41 of the Constitution and the laws that regulate it.
If this law is violated by those officials, they were charged and tried in full accordance with Articles 248 and 249 of the Penal Code. Otherwise there was a clear and unacceptable violation of Article 16 of the Constitution, and country would be divided, absurdly, those who should enforce the law, ordinary citizens, and who, officials wield public office, they can rape with impunity.
areas where they develop real estate projects are part of the floodplains of rivers Lujan and Reconquista, the low coastal Rio de la Plata and the Parana Delta, and belong to the municipalities of Campana, Escobar, Tigre, San Fernando, San Isidro and Berazategui therefore natural public domain, and have not been disused for a particular purpose by Act of Congress of the Nation because it is natural public property, on international estuaries, regulated at provincial level by the 6253 Act and its natural drainage Dec. Reg No. 11368, Law 6254, art. 59 of Law 10128/83, ordered by the Law 8912/77 and Decree 3.398/87, which became the Art 4 of the Provision of MOSPBA 984/00 and endorsed by the Decree of the Governor 37/03 (Bull Ofic . 24 900). Law 25688 of Minimum Budgets on Environmental Regulations for Water, the Water Act Code 12257 Buenos Aires Province, the Environmental Law 11723 Del; Res BO 289/08 of 15.7.2008 Annexes 6 and 7, and Civil Code Article 2340 inc 3, 2634, 2638, 2642, 2644 and 2648.
In these wetland areas, landfills would be one of the construction systems that are being taken to mitigate the effects negative characteristic of flood areas and / or flooded.
These systems are built primarily by two techniques: the movement of soil and the hydraulic refulado.
The first involves the excavation and removal of soil for the landfill, generating large pits, which are then converted into ponds. The second is
perimeter impoundments that are filled through bag with water and soil (hydraulic refulado). Once expelled fluids, tends to shift and form filling which then built the gated (UC).
From the 90's, a considerable amount of land areas for maximum flood, began to become attractive for the development of these enterprises. However, it should be noted that the occupation of those areas flooded on the outskirts of Greater Buenos Aires (AGBA) has a long history. According to INDEC, called AGBA the geographic area bounded by the "envelope of population" which includes the limit to which it extends the continuity of urban housing. This line moves with time and does not respect the administrative boundaries of municipalities (including wholly or partially).
The AGBA covers the city of Buenos Aires and spread over the territory of the province of Buenos Aires, integrating the total area of \u200b\u200b14 municipalities, more other partial surface 16 (that's not counting a very small share of Cañuelas and La Plata) (INDEC, 2003). In the process, low-income sectors were the ones with greater participation, both through legal submarket "batch popular "and through the illegal occupation. These floodplains
building houses on stilts was the system most widely used construction mitigation although many did not take any. For its part, the middle and upper-middle also occupied parts of these areas flooded (generally the most valued by their conditions of location), preferably taking the building from their homes on earth embankments and mitigating construction system.
not only the site conditions and the relative distance from the center of the urban part as factors limiting the occupation of areas of maximum flood, but were also relevant, to some extent, legal restrictions (provincial) for development.
The first instrument was the Decree No. 21.891/49, which banned split urban lots on flood areas and was repealed in 1953. Law No. 6053/54 allowed the construction of houses on stilts in flood zones, since there was no obligation to fill the flood plain so far. By 6254/60 law is prohibited from making subdivisions below minimum floor height of 3.75 m (Military Geographic Institute-IGM). Today
UC projects that want to develop on the periphery of AGBA flood must comply with this last law to present the study of fitness water and hydraulic engineering project at the Department of Drainage and Hydraulic Works, Ministry of Works and Services Public Buenos Aires province, and fair administrative process prior environmental impact assessment.
With the incorporation of labor, capital and technology major specializing in soil movement and hydraulic refulado, they built huge stuffed which involved the transfer of millions of cubic meters of soil, allowing to achieve "security dimension" required by the rules. Thus, these landfills were the construction system used to incorporate these natural physical conditions adverse to the production process of urban space and at the same time trying to comply with existing regulations, but altering the wetland.
Developing a discursive scaffolding associated with notions of "sustainable urban development", "environmental remediation" and "recovery of the landscape" accompanied this process, and in a context of growing "environmental awareness", was aimed at legitimate and viable the progress of these businesses urban use on goods and natural public domain, as are the wetlands of the Paraná Delta.
That speech was introduced by the real estate business, justifying the production of UC on landfills as a sustainable alternative for developing the ground flood of little economic value in the municipality of Tigre to transform illegally in a high-quality real estate. In such cases, quality and filling go together. Given the scale of operation for its production and its associated costs, profitability is contingent on its orientation towards consumption of higher-income sectors.
environmental discourse that justifies the urban product, it coincides with local government's strategy to ensure social homogeneity preventing the growth of settlements in low-income population, to more closely resemble the other three municipalities of the Northern Metropolitan Region, ie it is a partnership of four metropolitan municipalities northern coastal AGBA (Vicente López, San Isidro, San Fernando and Tigre) formed to enhance their management skills and attract capital.
Tigre The municipal government of the discourse that justifies the production of land based on the insert and its orientation towards high-income market. At the same time, the production of the urban land in the municipality of Tigre was possible by the contribution of local government, which provided the illegal concealment and production of physical works. It would thus
a coalition, or a convergence of interests between the municipal government of Tigre and real estate groups in promoting the production of urban land in flood zones based on the filling, causing damage to the island's population by damage to adulterate ecological freshwater and all the people that borders the watershed.
Contradictory to what is argued, led to major environmental changes, altering the features provided by the wetland ecosystem and promoting or producing, at the same time, situations risk of flood disasters, as we have been denouncing the Court noting the collective environmental damage potentially ruin and crimes against humanity against the civilian population.
are seeing a trend that is the area of \u200b\u200bconsumption (particularly productive) consumption of space. That is, increasingly being bought and sold pieces of space for the reproduction of life. This implies that the space becomes merchandise, enters the circuit change, and therefore, in the field of marketing, which limits its use to the forms of private ownership, noting the success of the exchange value of the use value (Lefebvre, 1976 Lefebvre, 1995).
Thus, ownership space resources, the construction of humane ways about it, the conservation of these constructs, the changes are the natural substrate or work undertaken by the Company, representing a value creation. In the process of development of land rent, as an expression of private property, acquires a crucial role. Even more so when it becomes monopoly rent, ie, when a valuation of unique qualities, unique or rare (whether natural or constructed) of space. These qualities alone do not give particular weight to certain space, ie, are not inherent to it, but are associated with recovery given to them by society (Moraes and Da Costa, 1987).
The qualities of space are not static but dynamic components modified by the Company subject to social recovery patterns, influenced by technological levels achieved and the ideological and cultural aspects, variables in each historical period (Lyndon, 1989).
Mainly, the development of land goes through the ways of thinking that men build their relationship with space. Hence, in the process of production, ideas, representations and images that introduce the hegemonic groups tend to play a privileged role in the production of discourse about space, which may include as in this case with ideological environmental issues (Carlos, 1994), and trying to legitimize the process of recovery and processing of certain spaces for their own benefit (Lefebvre, 1995).
Currently, about 25 percent of the surface of AGBA belongs to flooded areas, with the basins of the Matanza-Riachuelo, Reconquista, Lujan and low coastal Rio de la Plata (as well as the Parana Delta) areas urban expansion, involving not only the popular historical subdivisions (many of them illegal) but also, since the nineties, the UC built on landfills (Clichevsky, 2002).
As can be seen, urban planning is being appropriated by private economic actors UC producers (especially in the case of mega-Colony Park SA, Isla del Este, Santa Monica, Nordelta Island Park, etc..), No and guidance as an attempt to search public and general objectives, but as a way of producing private lands to meet needs. So AGBA pieces are occurring as a result of a strong planning "insider" of all components, whose purpose is to increase product quality and cost housing (Pírez, 2004).
The planned mega-UC are registered as "new green products" within the residential consumer market, with the master plans and environmental management plans "new green tags" to certify the quality of these products, measured by environmental indicators such as proportion of green spaces "public" for residential buildings on and services, types of trees, lawns on golf courses, fish planted in lakes (if is local, even better).
Contrary to the contention of the discourse of "environmental sustainability", the expansion of UC on landfills in flood prone areas involves significant negative impact magnitudes. Specifically, this "nature" sold in chunks, for these enterprises Real estate has been transformed, altering both its form and its functions. By simulating the unflooded spaces filled, be denied the natural physical qualities characteristic of these ecosystems.
In this case, wetlands belonging to the continental sector of Tigre who have become "islands of gated communities by participating in the elimination of important" services "provided by the ecosystem: water regulation, carbon sequestration, oxygen release, refuge for native species, water purification, aquifer recharge and discharge, etc.. (Canevari, White and Bucher, 1999; Fernández, 2002, Daniele et al., 2006). Altering those
ecological services, a likely impact on empowerment of dangerousness based on "recurrent flooding", "adulteration of water and ease pollution," "disturbing the hydrological regime." Consequently, it is considered that the construction of UC on landfills includes new ways of producing disaster risks in flood prone areas of Greater Buenos Aires (Ríos, 2005).
The need to disclose to UC as "green space" of "healthy living" away from the polluted metropolitan area, masks to obtain large profits. In fact, they are marketed for public use lands such as wetlands, through ignorance or complicity are considered low quality and low value, which are then sold as urban land.
addition, the recovery of the qualities "natural" only in those areas (such as landscape features of the Delta or the coast of Rio de la Plata), in a context of growing environmental awareness, allows the production of profits obtained of a monopoly rent. Are added in this way the two processes to make these highly profitable real estate transactions, to the detriment of the population and environment.
The discourse of "sustainable", released from an increasingly hegemonic rhetoric, which coordinates a coalition of interests between private economic actors and local municipal governments, is installed as a sort of "thinking", a-political, therefore consensual. It has actually been placed by those who have greater capacity (or power) to legitimate social space to justify their actions (Acselrad, 1999).
In this case, the discourse is based on proposals developed by the scientific and technical knowledge, the "expert knowledge." Is large the number of journals, periodicals, courses, conferences, etc.. That knowledge from different disciplines (from urban to ecology) nourish and legitimize such a speech, as demonstrated in the management plan for the Delta of Tigre presented by Mayor Sergio Massa.
As another interesting example we can mention the "private city" Nordelta as a project "sustainable" in terms of ecology, socio-economic or cultural, which means to hide, obscure social conflict is inherent in the very process of production of space , naturalizing from the discursive approach these processes (Lefebvre, 1995, Carlos, 1994).
It operates a depoliticization of the consequences which result in these large urban businesses, rejecting the existence of social conflicts that are based on the environment, economy and the production of space. The discourse of "sustainable" simulates problems more unequal space and its production.
Behind the depoliticization appears to be a particular local urban policy. That is, the municipal government is the one who creates the conditions for these large urban investments can be made: regulatory changes in the management or by articulating the different public and private financing offer, in addition to the functions environmental ecosystem.
be seen, therefore, a partnership between local authorities and developers of UC is based on the one hand, the realization of urban businesses, and the other in search of a model class municipality average. The municipal government helps to legitimize the production of UC ensuring quality conditions associated with the exclusivity of the product.
This partnership, which seems closer to what is called the "urban development machine" (Molotch, 1976), immediate results in the orientation of production toward the middle class housing high, without addressing the needs of housing and infrastructure population of lower-middle income and low of the municipality.
In short, it seems to be seeking a redefinition of municipal socioeconomic, more evenly based on the middle, beyond environmental and social costs it entails. All in a process which is characterized by the relationship between the environmental discourse and public-private cooperation.
public actors involved in these processes belong to various governmental and management levels, being the municipal level one of the most action in this field. For its part, between private economic actors, stand-developers construction companies, developers, consultants, financiers, advertising and marketing, including both domestic and international capital.
should be noted that these private investments occur in a context of large social gaps and priorities of the municipality. According to the National Population Census, Homes and Housing 2001 (INDEC), the municipality of Tigre reached the following values \u200b\u200bexpressed in percentage of population: 20.3% with NBI, 54.8% without coverage for social work and / or private health plan or mutual, 28 , 1% in housing deficit, 86.2% without drainage network (sewer), 35.9% without water network, 30.2% without gas network, among others, as is crime in the area triggered hydrogeological .
fillings to build the UC, was used as the predominant form (and remains) the performance of deep excavations at the site where it develops the UC Thus, soils were sufficient to increase the areas devoted to housing and services and generating vast "lakes" in some cases reached hundreds of acres and more than 30 meters deep. Since the lots boundaries to lakes are the most required, it was decided to increase the scope of their costs to achieve as much frontage lots, so that these lakes began to acquire more complex forms, as can be seen in the satellite photos of Colony Park SA, Park Island, Nordelta, etc. This Island.
also obtained land as chattel of the theft to the Province, without the prior administrative process of assessing environmental impact from the removal of soil from nearby islands in the Delta. These soils were dredged and taken through a sleeve, Lujan river below, to the site of a UC on the continent, where they were deposited (from refulado technique) in perimeter containment dams, once decanted, formed inserts.
As proof, it can be seen in satellite images at a gap height Nordelta Islands Sector generated by this illegal scheme, in complicity with the Municipality of Tigre and the Authority, through the commission offense default and theft of land and property.
In this way, different strategies for obtaining soil caused many negative impacts both during and after the works, among which are: the breaking of that generated manga mud in suspension and, consequently, fish kills and anaerobic, and difficulties for the use of river water from the nearby island population, the collapse during a heavy rainfall of one of the dike where refulados sludge settled, ended up affecting productive land use and settlement of low-income population boundaries, etc.. (Ríos, 2002).
These impacts occur in the 1st Section of the Stream Islands in Anguilla, as were observed by the MPF in the person of Dr. Federico López Spada and Dr. Diego Garzo (in the absence of the head of the Federal Prosecutor No. 1 Dr Rita Ester Molina) when inspected on December 14, 2010 in Colony Park SA obranzas and Island Park, and which were credited in the respective reports made by the Federal Environmental Police, the Ministry of Environment and Sustainable Development of the Nation by Provincial Agency for Sustainable Development, the National Waterways and the Coast Guard Argentina.
The magnitude of impacts in the area flooded the town of Tigre served as a trigger for private economic actors to draw up to justify environmentally oriented discourses (from the ideas of "sanitation" of "enhancement of the landscape," Master Plan Defense of Delta, etc.). the significant changes resulting from the construction of the UC built on landfills.
These actors Tigre wetlands are considered "unproductive swamps, which had become, through the incorporation of capital and specialized technologies in urban spaces" high environmental quality "that distinguish the" new Tiger. " These arguments have been expressed in their own statements (Fernández, 2002): "Here there were large areas of free land, where you could not live. Lowlands were, and through engineering work could recycle [...]. It becomes a swamp, through fill and refulado, in a place lakes.
To which he adds: "The project offers a city with better social and urban conditions, beginning with the recovery of a low area and environmentally damaged, through hydraulic drainage works and enhancement of the landscape, without which the ground will be a huge waste unprofitable and dangerous. "
These negative impacts generated are evidence of how costs and environmental benefits are unevenly distributed in social terms from scenario analysis and proven records in the file, there is a passage of responsibilities, from the private to the public-in the care of the "externalities" (ie potential disasters or crimes generated danger, pollution impacts, alteration, change of bank line increase in elevation, alteration of water regime, etc..) arising from the changes produced by the UC and its related works.
Indeed, while public spending is overloaded (emergency care, reconstruction, rehabilitation, remediation, etc..) Especially at the local level (head of the Municipal Civil Defense), the only private enterprise assumes the benefits of this process at least until a disaster of great magnitude that exceeds the dimension of "security" of landfills, minus the aggression the civilian population has suffered as we have been denouncing.
III .- MANAGEMENT PLAN DE TIGRE DELTA ISLANDS. FUNDAMENTALS OF APPEAL FOR misrepresentation. On April 8, 2011 Mr. Tigre Mayor Sergio Massa implements a management plan Tigre Delta Islands, and delivers it to the President of City Council and political blocs Tigre studies that document Public (Master Plan) for further discussion and adoption, denounced by this that contain absolutely false statements, expressed knowingly and with the obvious intention of harming others.
A impugn the instrument audience of "misrepresentation" for lack of veracity in their statements, which affects the immediate and exclusive animus of the part, and arises when there is conflict between its content and because of crowded, constituting a proof against Mr. Mayor and we are calling the MPF to order the immediate referral of the same ad effectum videndi et probandi.
The lack of correspondence between those contents, is recorded in writing something different from what it should express "typifies the so-called falsification.
By its nature, the document is called to record the truth. Typically, then, is to collect the ontological reality that secure and ensure the faithful transmission of the recipient.
inform the MPF, documentary because the content involves a statement at odds with reality and that the document even though it is inherently true, and consequently, the contested document content does not conform closely to the ideal message is not honest to mislead the councilors and other recipients, such as a siren song to what exactly to proclaim, as prescribed in the art. 41 of our Constitution and the laws that regulate it.
is concerned, the "sincerity" of the document, something that is possible challenge for all sorts of tests, such as those listed herein, which show falseness, insincerity of the demonstrations, the absolute simulation conduct of Mr. Mayor Sergio Massa in its "Management Plan Tigre Delta," as based on the following issues.
FIRST QUESTION: In May 2008 establishing the jurisdictional committee for sustainable development of the Delta will work under the coordination of the Ministry of Environment of the Nation and the provinces of Buenos Aires, Entre Ríos and Santa Fe agreed to implement a plan for conservation and sustainable use in the Delta del Paraná. Wanted environmental management of the valuable wetland that also houses a rich biological diversity, environmental fulfills multiple functions.
At that time the Secretary of Environment and Development Sustainable Nation, Romina Picolotti, and the governors of Buenos Aires, Daniel Scioli, of Entre Ríos, Sergio Uribe and Santa Fe, Hermes Binner, this afternoon signed a Letter of Intent for which they pledged to develop a Comprehensive Strategic Plan Conservation and Sustainable Use in the Delta of Paraná (PIECE-DP), a unique and valuable wetland that has been subject to recurrent fires in grassland for pasture improvement at low cost.
During the ceremony developed in the South Hall of the Casa Rosada, which was also attended by Chief of Cabinet Sergio Massa and Interior Minister Florencio Randazzo, and the president entrerriano Picolotti also signed an understanding to that in the event that tenants of land in the Delta in breach of the prohibition to carry out grassland fires are temporarily transfer the property in question to the Secretary of Environment of the Nation to implement this program and / or actions to restore the affected area. The objectives of the plan
PIECE-DP will be developed by an ad hoc committee created Interjurisdictional which will act as an institutional environment of high political level to coordinate actions for the conservation and sustainable use in the Delta. Such coordination will be exercised by the nation's environmental portfolio, which in turn will manage technical cooperation and the funding required to implement the plan.
is an understanding reached by the different governmental jurisdictions at the Workshop "Sustainable Development in the Delta del Paraná", held on 11 and 12 September 2008 in the city of Victoria (Entre Rios), technical meeting which also included representatives of the municipalities of San Fernando, Tigre, Escobar, Campana, Zárate, Baradero, San Pedro, Ramallo and San Nicolás (Buenos Aires), Rosario, San Lorenzo, San Geronimo and La Capital (Santa Fe) and Paraná, Diamante, Victoria, Gualeguay, Gualeguaychú and Ibicuy Islands (Entre Ríos) non-governmental organizations and national experts on the subject of landscape ecology and integrated management of natural resources for conservation and sustainable development.
It is an understanding that lays the foundation for promoting the integration between economic growth, social development and environmental protection for sustainable development in the area. Technically defined as a wetland, the Paraná Delta as well as hosting a rich biodiversity, "serves multiple and essential functions such as groundwater recharge and discharge, flood control, retention of sediments and nutrients, shoreline stabilization, protection against erosion, regulating climate and an extensive list of goods and services to men, particularly those engaged in productive activities and essential for those engaged in subsistence in the region for more than two centuries.
The intent of the signing officers is that the pièce-DP should become a tool for environmental planning based on objectives such as "protect, conserve and sustainably exploit the components of biodiversity and natural resources in the area "and" where appropriate to maintain or restore the structure, functions and general ecological processes of the strategic ecosystem Paraná Delta. "
also agreed to "promote processes aimed at achieving regulatory harmonization in the service of conservation and sustainable development of the Paraná Delta, including the possibility of incorporating, as appropriate and defined by each jurisdiction, different levels of protection to ensure effective sustainability the development process ", and spoke of" viable and effective solutions to the problems linked to the fires that recurrently affect different areas of the Delta del Paraná, as they develop on a wetland characterized by its environmental fragility. "
attached letter from October 9, 2009, Ref: Intervention estate in the Delta, to the Provincial Agency for Sustainable Development of Buenos Aires Province Mrs. Ana Executive Director Ms. Corbi, Coordinator of Alexander Wing Plastic Meitin Calle 55 No. 681 Piso 7 º Dto. B, CP 1900, La Plata, Buenos Aires. Foundation President Beatriz Giacosa Oga National Guard 19, CP 2900, San Nicolas, Buenos Aires. Miguel Alfaro Coordinator Ecological Revival Center San Martín 851, CP 2919, Villa Constitución, Santa Fe Foundation Executive Director Diego Rodríguez Martínez Tejero M'Biguá 543, CP 3100, Paraná, Entre Ríos. Elba General Coordination Workshop Stancich Ecologist San Martín 536, Piso 3 º Dto. D, CP 2000, Rosario, Santa Fe
SECOND QUESTION: At the Municipality of Tigre is current 758/88 Ordinance of the Municipality of Tigre declaring the public interest, to preserve the flora and fauna, soil and watercourses in the 1 st Section for the maintenance of "Nature Reserve Ecological Park of the First Section of the Paraná Delta Islands."
Also, the September 3, 2003 by Ordinance 2424/02 in article 1, enter into any agreement between the city of Tigre and the Ministry of Government of the Province of Buenos Aires where the eighth point decide that the proceedings will be considered null executed violation of national legislation, provincial or municipal, assuming sole responsibility for the municipality before the third eventually affected.
THIRD QUESTION: So, in the misdemeanor case No. 2626/08 of the Magistrates Court in the Municipality of Tigre, held the proceedings against the enterprise Colony Park SA, where fs. 5 is the resolution of Mr. Judge Faults of the Municipality of Tigre Mr. ALDO JOSE PARETO, who ordered the closure of facilities and the work stoppage on 27 October 2008 and is delegated the investigation of Dr Contents . ARAUJO GUILLERMO RETA-all according to the minutes of Violation No. 2578 and No. 2928.
FOURTH QUESTION: That the March 20, 2009, by Decree 373/09 Mayor Municipal Court resumed the functions of Municipal Fault, and Decree No. 380/09 delegated to the Secretary of the Government the powers of a Judge of Faults, but fails to control and shut down the illegal work as mandated by the Municipal Digest.
FIFTH QUESTION: The Municipality of Tigre has changed in the last decade in the preferred site for the installation of gated communities. The project Nordelta (Eduardo Costantini) and Eidico neighborhoods (Jorge O'Reilly) are known cases of how a wetland, a natural landscape with a variety of fauna and flora, was converted illegally in an area with expensive housing , artificial lakes, parks, polo fields and seeking to "protect ecosystem "through a misleading speech, as we established earlier. SIXTH
CUETIÓN: Projects in Tigre is favored by city officials who know from within companies. Proof of this is the Secretary of Works and Urban Planning, Paul Damen, who was manager of Eidico. O'Reilly addition, the operator of that company, was an advisor to current Tigre Mayor Sergio Massa when he was chief of staff of the Nation.
Among these projects, in the 1 st Section of Islands, is where: Colony Park SA, Easter Island and the Island Park Island
It occupies 30 acres and 200 lots, which have already been built, at least , 25 properties, with a central lagoon of salt water. Developers and sellers of all these projects are the same estate that drive Colony Park SA (Meyer Properties, O'Connor) and the Island Park has 98 hectares and is located on Canal and the River Linking Lujan, a work of Trust The Island and the study Billoch & Associates.
Make a gated community in an island in the Parana Delta, has its immediate predecessor in the "Isla del Plata", dating from the mid-nineties, driven by a private consortium consisting of Puente del Plata Buenos Aires SA and the Yacht Club. Would be an artificial island off the port of San Isidro, with an area of \u200b\u200b352 hectares, aimed at housing 20,000 people. Other neighborhoods and coastal developments, such as Santa Maria del Tigre country clubs (in Eidico), Marina del Sol, Bahia del Sol and Puerto Chico.
Nordelta with 14 districts: Bay Grande, El Golf, The Island, The Beavers, Portezuelo, Las Caletas, The Pavilions, La Alameda, Canyon Lake, Los Sauces, Capes Lake, Los Alisos, Los Lagos and The Yacht at 1,600 hectares of the floodplain wetlands or intertidal polygenic Rio de la Plata.
Eidico with 8 projects completed in Tigre: Altamira, Dormies Santa Barbara, The Gathering, Santa Barbara, Santa Catalina, Santa Clara, San Isidro Labrador and Santa María de Tigre.
In Benavides, are built 7 neighborhoods underway in San Benito, San Francisco, San Gabriel, San Juan, San Marco, San Rafael and Santa Teresa. Talar
Lake I and II near Nordelta, General Pacheco and 75 hectares in Laguna del Sol Albanueva Milgber corner on 160 hectares on the coast of the Luján River (Tigre).
SEVENTH QUESTION: Recently, in the exclusive yacht Easter Island on the Eastern Canal in the delta of Tigre, the city recently closed on November 5, 2010 all the buildings to be erected in this land-about 50 private houses and a condominium complex under construction and a restaurant and delivered summons for a million pesos by "serious irregularities", according to the Ministry of Public Revenues of the municipality.
The mega-deals, which deployed two dozen inspectors equipped with satellite data, covered, this time, only the neighborhood marina.
Island This is a premium residential complex, with private artificial pond water uses, helipad and exclusive channels and anchorages. It is estimated that total investment in infrastructure at the site is U.S. $ 20 million.
surveys included tax inspections, commercial, cadastral and construction, and movement of soil and waterways, along with control vessels.
"Al check that all buildings erected on Isla del Este were irregularly shaped and without the permission of land use feasibility, the first requirement to undertake construction, the municipality proceeded to its conclusion, "he told La Nacion Daniel Snapper, Secretary of Revenue of Tigre, in charge of the operation.
EIGHTH QUESTION: On April 8, 2011 Mr. Tigre Mayor Sergio Massa implements a management plan Tigre Delta islands, which presents the guidelines Preliminary project that seeks to set standards to preserve the Delta del Paraná and delivers it to the President of City Council and political blocs Tigre studies for further discussion and adoption.
The Mayor Sergio Massa said: "We hope these preliminary guidelines from becoming permanent rules, effective process that will debate on the city council. The plan aims to set limits and standards on the island, we know what will happen in every place on 20 and 30 years and not find us out and modified from money or personal impressions end up changing the characteristics undecided , participation and involvement of the state. We seek to give the City Council reports sorted and processed in a policy tool for decision. Now is the time for discussion of the commissions and the mechanism participation of different actors. "
"It is critical that we have the ability to look at what we have, look forward and look back on it was the first section of Islands, to understand that we can not project without taking care of this unique place. We do not want any window to those seeking a return of land or economic processes that occur in the Islands. It seemed that the first section of islands did not exist and is going to appear some who want to take it forward. I want to stress our position that we oppose any project or undertaking that includes the idea of \u200b\u200bcreating roads road to the first section of islands, because the most important feature that makes it different is precisely its insularity "the Mayor concluded.
In this regard, the Honorable Council President, Julio Zamora stressed: "Our Delta is all the neighbors of Tigre, with the presentation of the management plan to the council by the mayor fulfilled a first step which was a study by renowned experts in the field. During this first stage was a study that had never been done in the Delta and now goes to the home study of all inhabitants of Tigre is the city council, this is a time of much participation and interaction between different actors, to set limits constructions that degrade our Delta and allow to remain what it is. " Onsite
Management Plan Tigre Delta Islands raises strategic axes preserve the wetland and water resources, adapt to environmental conditions of the place, regularize the ownership status, promote the settlement and the inclusion of the current population their integration: studying the most suitable type of occupation to the territory, improving traffic conditions and accessibility, improving living conditions and health, promote the protection of natural and cultural heritage of the islands, establishing patterns of location and construction methods; strive for sustainability economic area, improving cultural and leisure activities for the population of the islands, coordination of actions between jurisdictions; perceptal improvement and promotion of participatory mechanisms.
Based on the foregoing, the municipality decided to undertake a series of tasks designed to accurately certify the status of the island territory from the standpoint of cadastral, tax, etc, based on the simple observation of the numerous changes without municipal control in the islands.
did a survey satellite that allowed us to visualize accurately the existing buildings on the islands to date (December 2009). It identified 800 thousand square meter built without municipal authorization. This means that these buildings did not have technical studies were responsible or authorization regarding the relevance of their applications with location, construction characteristics, their environmental impact, compliance with existing regulations, etc. All these aspects are minimum requirements for any intervention in an area of \u200b\u200bhigh strategic value.
NINTH ISSUE: Mayor Sergio Massa intruded several city officials and council officers to enroll in the public hearing to be held on 23 February at the local HCD, which discussed the draft the country nautical Colony Park, which is resisted by the island since the beginning of the work.
"All have been instructed by the mayor to sign to expose what we understand to be the character of the Delta," said village headman.
When asked about the view to transfer their representatives at the meeting, reiterated Massa: "The municipality has a clear position: either bridge or tunnel." However, that position would not prevent cars from accessing the Delta-a possibility widely discussed, as announced in the Colony Park site that will ferry crossing vehicles.
The big question is whether podrá frenar de forma definitiva la continuidad de los trabajos de construcción del country que afectaron el ecosistema del humedal propio de las islas. Si bien no quiso dar muchas precisiones y hasta por momentos se mostró enigmático, Massa adelantó que existe “un convenio por el cual, de alguna manera, le han dado algunos derechos a Colony Park que ponen en una situación incomoda al Municipio”. Y al rato agregó en el mismo tono, sin puntualizar en los responsables: “Hay un convenio aprobado por algún Concejo Deliberante. Nos encontramos con algunas sorpresas que ya van a ser públicas”.
DÉCIMA CUESTIÓN: El miércoles 13 de abril del 2011 en el Honorable Concejo Deliberante de Tigre made the opening of regular sessions in a day led by the mayor of Tigre, Sergio Massa, and convened by the Honorable President of the Corps, Dr. Julio Zamora. The ceremony was held at the headquarters of the Legislative Palace, located in Paseo Victoria 902, Ciudad de Tigre. And with regard to Delta said: "The Delta as the future of the city. We demand some actions that are underway, central to the functioning of Tigre in the coming years. We have sent the council discussion and finalization of the plan rules for our Delta, our beloved First Section of Islands. Want to involve everyone in this area of \u200b\u200bthe Council, we want to have rules for the next 20 to 30 years, do not want the absence of rules and loopholes finish creating situations in which either carried forward rivers, streams, wetlands, one of our most precious jewels, which is the First Section of Islands. "
"We are also pushing for a major fight, which is related to river transport on the First Section of Islands. If a journey of a group that goes to Don Torcuato Benavidez and vice versa is a local line, I wonder why the municipality is not the control of river transport in the First Section of Islands. Moreover, in this day we signed for it related to maintenance of waterways: a new agreement with hydraulic dredging is important to the island, mostly because it includes rivers such as the Sarmiento, Old or Caraguatá Open. "
ELEVENTH QUESTION: Nordelta celebrated his 10 years at a meeting in the Recoleta Hotel For Season with hundreds of people who live in the complex and was attended by Governor of Tigre, Sergio Massa, Eduardo Constantini, a precursor of entrepreneurship, Governor Buenos Aires Mr. Daniel Scioli and Councilwoman Malena Massa.
In his speech the Mayor Sergio Massa said: "The big challenge is to work on integration, the next ten years, thinking about what that will mean to the twice as many inhabitants. "
Nordelta has a domestic infrastructure investment over 300 million dollars, including roads, bridges and planning, said the mayor, adding:" There is also the outside impact, the works of Nordelta allowed entry into up of a substation and it improves the whole area, the possibility of energy, water is the result of an investment made by the private sector (Nordelta SA) and from there try to add public and private show what the Under this private investment Tigre's neighbors. " Massa in his speech recalled the pipeline started in an area of \u200b\u200bBenavidez.
It should be noted that this project is 1,600 hectares, is considered the largest in the country's history. Nordelta is 30 miles from downtown Buenos Aires, includes its own freeway access, and two train stations that connect directly with the 13 million people in the rest of the city.
Statistics show that entrepreneurship is growing at an average of 3000 people per year. Eduardo Constantini, precursor of Nordelta, was happy and grateful: "It's much the support we give the Mayor Sergio Massa." He further commented that "Everyone has a master plan districts approved, but each development must be approved and agreed with the municipality, which he does. Over time we have to coordinate with the municipality that is done. "
Constantini explained:" We chose Tigre because it is a town that is very close to the Federal Capital, accessible, beautiful geography, turn a project with an approval to develop a city people. "
Nordelta is the largest real estate project in Argentina's history has twelve gated communities with a common infrastructure, is something new in regard to private urban underground space. It has its own schools and tertiary education, as well as recreational areas, commercial areas and hypermarkets shopping center, medical and cultural centers.
But it is basing this complaint, as in Nordelta try to do the same with criminal iter Colony Park SA, Park Island, Isla del Este Santa Monica, which are illegal because they failed to examine the environmental impact originates fair administrative process of environmental impact assessment, then get a last statement on res judicata or declare it allows you to enable or made under Article 41 of the Constitution, with the aggravating circumstance from being achieved in real use public as is the plain polygenic in wetlands of the Paraná.
TWELFTH QUESTION: That the process developed for construction of all these gated communities, and especially SA and Park Colony Park Island, started in 2008, along with the forced displacement of local people and the consequent subjugation of their rights, and has caused and continue causing changes in wetlands with consequent impacts on biodiversity and water quality corrupted by rupture of brackish aquifer Querandinense.
is unacceptable to continue to conduct operations in the Delta who oppose the "Corpus Juris Environmental aquarum" detailed and contradict the guidelines established in the minutes of Intent for Comprehensive Strategic Plan for the Conservation and Sustainable Use of the Delta del Paraná PIECE-DP signed in September 2008 by the Governors of Entre Ríos, Santa Fe, Buenos Aires and the Ministry of Environment and Sustainable Development of the Nation, with a commitment of "best efforts" to "protect, conserve and sustainably exploit the components biological diversity and natural resources in the area. " That
Paraná Delta system is part of the Paraguay-Parana Wetlands, the broker world's most important wetlands, which are interrelated ecological functions vital to the continuity of life, both within the Delta and in coastal cities.
that wetlands provide environmental goods and services that contribute human well-being: habitat of flora and fauna, provision of resources for productive activities, buffer floods and droughts, adaptation and mitigation of climate change and provision of potable water.
That there is a growing tendency to promote the development of real estate projects on extended territories, occupying valleys of natural runoff of rivers and even islands, without an employer who tends to preserve the conditions of environmental sustainability of river and wetland-type ecosystems, by omitting the dynamics of natural resources: flows of these streams, shallow water flats and links extreme thermodynamic output to major water body, integrating the littoral drift.
therefore given the detailed historical chronology, the conduct, acts and omissions incurred Tigre Mr. Mayor Mr. SERGIO MASSA, plus all the proofs procedure in the case, lead to prima facie evidence that the demonstrations attestations, certificates, awards entered in the Management Plan Tigre Delta, are completely simulated, covering up the real estate entrepreneur interest presenter of the event management plan for the Delta of Tigre in the guise of another that attempts to preserve the environment (art . 955 Civil Code). Nothing would make the real
(art. 956 CC) and its implementation would aim to continue building projects of the UC because of the semblance of legality that would give the Master Plan challenged, allowing it to continue and increase economic benefits to the private sector and the Municipality collector, outsourcing costs in the ecosystem through hydrogeological crimes reported and credited to cars on the Parana Delta, causing damage to the original inhabitants of the 1 st Section of Islands, the civilian population adjacent to the River Plate Basin and future generations.
IV .- NOTES ON THE CRIME AGAINST HUMANITY. According to the statement of the complaint along the file, being in the presence of a number of behaviors subject to be framed as common illegal, which is attributed the character of limitations, for their connection to crimes that meet the characteristics of crimes known as "crimes against humanity."
More specifically, the alleged wrongful allegedly committed by public officials of the municipality of Tigre, have occurred during his performance in that public role. Certainly it is in this framework that encompassing the conduct attributed to the defendants present, and it is noticeable at the point that, prima facie and subject to the terms arising from the complaint and its extensions, crimes against humanity in question would not have been committed without the assistance or cooperation of officials in breach of duties. Therefore, it has been established in these cars the context in which it alleged to have occurred behaviors of dereliction of duty of public officers, concealment and breach of the obligation to promote environmental protection, by the subjects, not fit doubt that they would shape the crime against humanity.
Therefore, in my opinion, the turning point in deciding whether the crimes being investigated in the case should be characterized as crimes against humanity revolves around that has been established that the act was committed in connection with a widespread or systematic attack organized or condoned by the State against the civilian population, since at least mid-2008, the date because it is a continuing offense.
This aggression continued, systematic and widespread civilian population creates a sense of panic whose magnitude is not easy to understand, or imagine, but if it is a "hideous torture", because as I said the MPF, since mid-2008 you are destroying homes, trees and islands where they live and where the islanders earn their daily bread. The file
also the illegal actions of the Coast Guard Argentina obranzas guarding the Colony Park Island Park SA and, also, the record shows silence or omission in the control of enforcement authorities, both municipal status as the Provincial and National.
these illegal behaviors, trying to create a sense of "despair and fear" among the island residents, seeking to eliminate categorically any kind of resistance in defense of their rights to a healthy environment art. 41 CN, decent housing, their property and their livelihoods.
test this, was publicly credited the meeting held in the Culture of Tigre on April 8, 2011, by the presentation of Delta Management Plan of Tigre which was present also attacked the island's population, which to be deprived by Mr. Mayor the right to a hearing, raised the cry of the islanders against Mr. Mayor Sergio Massa when Mr. Juan Antonio Derganz islander said: "... In the end the Islanders are not heard, as always, we are bystanders in the meeting ...."
at that time also was present the Honorable Council President, JULIO ZAMORA who stressed: "Our Delta is all the neighbors of Tigre, with the presentation of the management plan to the Council by the Mayor comply meant a first step A study by of renowned experts in the field. During this first stage was a study that had never been done in the Delta and now goes to the home study of all inhabitants of Tigre is the city council, this is a time of much participation and interaction between different actors, to set limits on buildings that degrade our Delta and allow to remain what it is. "
Even on the Friday, April 8, the day of the presentation of the preliminary guidelines of the management plan for the Delta Islands in the premises of the Secretariat of Culture of the Municipality was attacked the island Martín Nunziata, after holding a discussion with himself Quartermaster Sergio Massa, was threatened and Tuesday April 26 in the lobby of the City Council after the meeting, while exchanging views with Martin Nunciata Councilman Faber Tigre Officer and staff from that block, the same subject again threatened him, yet another individual who identified himself as his uncle and both, in a context of unprecedented violence, forced him to retire. The relevant complaint was filed with the Office of Tigre. We therefore request the free MPF office requesting referral of the complaint. These
misconduct continuous, systematic and widespread public officials both at the Municipal, Provincial and National Anti the civilian population created an atmosphere of terror on the island's population, an unbearable mental anguish, which would be typified by the Treaty of Rome as a crime against humanity.
V. - OFFENCES BY OMISSION IN THE PERFORMANCE OF OFFICIAL DUTIES TO THE PUBLIC. ABUSE OF POWER. influence peddling.
ask the MPF to investigate the responsibility of Mayor Sergio Massa, who in conjunction with the private business sector, represent the paradigm of a municipality planned on the basis of speculation, in an area that will end up being enjoyed by few, which crystallizes an improper use and illegal land occupation, ie altering wetlands of mainland and island for the Delta del Paraná, belonging to the use and public domain.
therefore generate collective environmental damage to externalize the costs of real estate developments in the ecosystem and other impacts such as adulteration and poisoning freshwater committing to sustainable development, quality of life in breach of the civilian population and future generations.
investigate the conduct of Mr. Mayor of Tigre to the failure to fulfill the duties of public officials (articles 248 and 249 of the Penal Code) to carry out faithfully the duties of his office, because of failure to comply with zoning and environmental -Art. 41 CN (right to a healthy environment and a duty to preserve it) - and its legal framework that regulates, such as Law No. 6253 of natural drainage, the Act 6254 prohibiting subdivisions smaller than one hectare or Article 101 of the dec 1359 / 78 and 1549/83, regulation of the 8912 law prohibiting criminals "downs" - in collusion with the merchants of the speculation they attack civilians, in a continuous, systematic and widespread. For as accredited testing cars, by the acts and omissions of both the Municipality of Tigre and Provincial government officials in collusion with officials of the National Government would be established "crime majestatis "prescribed in the Treaty of Rome.
investigate the possible authorization that would have given individuals and / or companies for the implementation of mega real estate projects in the Delta area and the tidal flats or polygenic, with the possibility of having done abusing their authority, without proper legislative reversal thereof. And this, because to pass real property ownership and public use of the Federal Government, the private domain could mean, in the absence of legal channels provided by an injury to the State, both from the point of view as the capital loss consequences of the inability to use such property in the future may cause The normal compliance of the purposes of the Constitution, the laws that regulate it, instructed various government agencies.
real estate in the public domain belong to the people and managed by the Government of the Federal Government, may be used without any restriction other than that arose as required by its nature or advisable for its proper preservation, as the case of Delta Paraná River International. This "restriction" to exercise the domain that belongs to the people on their property is constitutional only if there is a law in the formal sense of the Congress of the Nation.
For this category the Civil Code art. 2339 states: "Things are public property of the state which forms the nation, or individual states that it is composed, according to the distribution of powers made by the Constitution, or are private property or the general state particular states. "
immediately adds a list of the goods to be considered "public": This category includes the following: the territorial seas, inland seas, bays, inlets, harbors and anchorages, rivers and river beds, running waters natural waterways and any other water that has or become suitable for general public use, including underground aquifers; the seashore and the banks' internal rivers navigable lakes and their beds, the islands formed or formed in the territorial sea or in whole, rivers, lakes or waterways, where they do not belong to individuals; streets, squares, roads, canals, bridges and other public works built for comfort or utility common official documents of state powers, and the ruins and archeological and paleontological sites of scientific interest (art. 2340, replaced by art . 1, 17711 law, 26/4/1968 bo, effective from 07/01/1968). The wording of
inc. 3 of the aforementioned list has been interpreted by the doctrine enlightening, area where it was stated that "The general principle is that rivers and streams and other waters that run through their natural beds in the public domain of the State (arts. 2340, inc. 3, 2637) ... the law now distinguishes two courses water: those who run their natural courses, (Bonding, Lujan, Anguilla, La Paloma, Pacu, Tilapia, San Antonio, Río de la Plata) to the public domain of the State.
also investigated Ms. Prosecutor pursuant the rules of sound criticism and experience if there was also the crime of "illicit enrichment" for bribery in what could have incurred Mr. Mayor.
investigate the complicity of responsible for the areas of environment in the Municipality of Tigre to the omission or commission for failure to preserve the environment of the Paraná Delta in its area of \u200b\u200bjurisdiction. Investigate possible breach of the duties of public servant appointed by the (art. 248, 249 Criminal Code). Research
responsibility of the owners and holders of the properties where real estate projects are developed, that the movement of soil, dredging, refulado, altering the ecosystem, are jointly responsible for such illegal acts, which cause damage to health from contamination or adulteration freshwater for breach of aquifers brackish groundwater, altering the hydrological regime of waterways to raise the water level and alter the line of banks in the affected Delta area and other federal crimes to be determined.
investigate the criminal liability of such owners and holders of gated properties built within areas of the use and public domain and the criminal that they bear as such, and usurpation of public land, water theft as a matter of property (by impounded brackish lagoons), theft of land from the Province as chattel (for international channel dredging sand stealing 2.5 million years in the very heart of the sanctuary Puelches with arbitrary authorizations from whom no delegation had to approve these outrageous interventions had no reason for them having to do with trade and navigation, by modifying the links between the thermodynamic and hydrochemical Linking and Luján and very hurt by the first flows and displacement of the line riparian), given the serious consequences that their actions caused (Articles 186 and 189 of the Penal Code) detailed in cars and other impacts and federal crimes to be determined.
also ask Ms. Prosecutor, to investigate whether the conduct of Mr. Mayor Sergio Massa would fit in the offense of abuse of power art. 248 CP, who to be invested with public power by the office of Mayor made in its management acts contrary to the duties under the law for what ails the freedom of the people, intimidate or otherwise cause them harassment, moral or material grievances, as reported by this complainant.
Strictly speaking, abuse of power, which is defined as committing, Mr. Mayor, which acts as a public official gives orders contrary to the constitutions or national or provincial legislation implements the orders or resolutions of this kind existing does not perform law enforcement which will incumbiere, as the Master Plan for Management of the Delta of Tigre, here challenged.
investigate what measures were taken Mr. Mayor regarding the report submitted by the members of the Assembly Islanders Rio de la Plata Basin International, when he reported to Mr. Deputy Municipal Tigre Delta Islands DARWIN SÁNCHEZ Architect on July 6, 2009, which had houses were flattened, trees dried reed fields and altering the ecosystem, in the 1 st Section of Islands, requesting humanitarian aid to rebuild their homes and rebuild the ecosystem, attached to this copy of the report.
Furthermore, this complaint requests the MPF will investigate the lawyer's relationship with Dr. Theophilus Mr. Meana Alconada Tigre Mayor Sergio Massa, because it was appointed as a representative ANSES Consultatio to the Group by Mr. SERGIO MASSA, when it fulfilled its public function by a long involvement in the National Government as Director of ANSES and / or Chief of Staff
Consultatio Company owned by Mr. Eduardo Constantini responsible real estate developer Nordelta building where ANSES had a 26.62% equity interest (Article newspaper published in "Financial Environment" of May 14, 2010).
This research requested of MPF, is in relation to the possible collusion and influence peddling among government officials referred to above and the issuance of the permits and approvals that would allow the construction of mega-projects of "Nordelta" in natural public property to date. VI .-
TESTIMONY OF EXPERTS. request testimony be taken as testimony of the following specialists: Arch
LEBRERO carloslebrero@fibertel.com.ar CARLOS (Chairman of the Central Society of Architects): "All developments on the river are dangerous, as both aeroísla this type of artificial islands. You can not break the ecological balance. The river should be declared an intangible area. The project gives priority to the car. It will be disastrous for San Isidro because it will affect traffic and its coastal zone. It is the same as building in the Nahuel Huapi National Park houses a collection of the Banco Hipotecario. It should not be left to real estate speculation. Arch
JULY Keselman Honorary President: museo@socearq.org (chairman of the Central Society of Architects): "It is an affront to nature. It can unbalance the whole area. Urbanized areas is speculative approach, when there is too much land in that can be built without harming the river. " Arch
ESTANISLAO KOCOUREK servicios@cpau.org (architect, author of nautical projects): "I was struck by the size and the proposal. There are so many places to build houses to get into the river is a shame. This work requires an infrastructure services very expensive. The visual impact is tremendous. It is better to do continue to see green buildings. Arch
Odilia SUAREZ (urban planner, author of the latest Master Plan for Buenos Aires): "The River Plate should be declared National Park. It belongs to all people. We must make a strategic plan before making such decisions . It is not just a residential neighborhood, but the first mall on the river for 20 hectares for commercial use is nothing more than a Centrito. is an example of one extreme to cause this economic model, which creates the slums gated communities and high level. " JUAN MANUEL
Borthagaray Architect (architect, director of the Institute of Urbanism University of Buenos Aires): "It is a conflict that goes beyond local, it is underground. We need a body to that level so you can evaluate impact.
Arch ALVARO ARRESE (architect, member of the team that planned urban development in the former Air Base Morón): "In the Tigre is the real Buenos Aires Ecological Reserve. This project does not pose a country club, but a city for thousands of people. It has a very high population density of 350 to 500 inhabitants per hectare. It is intended only 3 percent for green areas. It is dangerous because then we'll get to Uruguay.
Arch LIUs Ainstein (architect and urban planner): "This is an extreme example of a phenomenon growing in Buenos Aires, which is to create segregated urban areas. The public sector should require a serious study of environmental impact, not divert a penny to build infrastructure and tax commensurate with the wealthy are to be installed in the area. It must also ensure that in case of flooding, there will be to run in aid of the rich. "
Archs. RUBEN LOPEZ AND SILVIA Marcomini (researchers from the Department of Geology at the UBA, specialists in environmental impact costs):" There some points that remain unanswered. We do not know if they are referred to the problems that can generate the dynamics of river. Can increase flooding and water will take longer in evacuated because this project would act as a barrier. In addition, the land take long to settle and there will be sinking. Deeper study is needed at the biological, geological and meteorological. FRANCISCO JAVIER
Amorrortu in its correlates critical to Delta Management Plan, elevated to the web, April 20, 2011 and in testimony before the Court before Judge Ms. Dr. Sandra Arroyo Salgado. CARLOS
CASTILIAN noteworthy that weeks ago the president of the Neighborhood Action block Castilian Carlos San Isidro, noted a "strong inaction by the Municipality of Tigre at this issue and admitted to having some suspicions about the complicity between the municipality and the project conducts urban Colony Park. " MARTIN
NUNCIATA: Friday April 8, the day of the presentation of the preliminary guidelines of the management plan for the Delta Islands in the premises of the Secretariat of Culture of the Municipality Martín Nunziata partner, immediately after holding a discussion with Township officials and even the mayor himself Sergio Massa, was threatened by a person who was in the place, presumably municipal employee, who told him "Shut your mouth, stop talking or I'm going from mouth "and using gestures inviting him to fight. On Tuesday 26 April, in the lobby of City Council luego de la sesión, mientras Martín intercambiaba opiniones con el Concejal Fabeiro del oficialismo de Tigre y colaboradores de ese Bloque, el mismo sujeto que lo había amedrentado en la Subsecretaría de Cultura lo volvió a amenazar, también otro individuo que se identificó como su tío y ambos, en un marco de inusitada violencia, lo obligaron a retirarse. La denuncia pertinente fue radicada ante la Fiscalía de Tigre.
VII.- PETICIÓN. Sra. Fiscal, le solicitamos lo siguiente:
1.- Que investigue todos los hechos lesivos y situaciones aquí presentadas y como aspecto esencialmente distintivo expresamos que tales delitos “trascienden al individuo” y que con ellos se coloca a “la humanity as victim, "because with this type of aggression, attacks and refuses to all mankind and consequently request the Federal Prosecutor Mrs Molina Dr. Rita Ester promotes research and the elucidation of the crime majestatis reported. 2 .-
have the raid on all public bodies involved in the Municipality of Tigre and proceed to hijack the material related to the topic of the presentation.
3 .- To investigate the responsibility of officials of the Municipality of Tigre in the prima facie delayed implementation of the administrative process for environmental impact assessment or omission or commission for failure to control the illegal actions of the mega ventures in the Delta that cumulatively lead to collective environmental damage, health, the hydrologic regime of the river and other impacts to be determined. Investigate possible breach of the duties of public servant appointed by the (Arts. 248 and 249 of the Penal Code).
4 .- To investigate the possible responsibility of Mr Tigre Mayor Sergio Massa or his predecessor, on the authorization given to individuals and companies for the implementation of building projects in the Delta area, which seemed to suggest, by the nature of this type which generate collective environmental damage and crime majestatis. This requirement stems from public statements made by Mr. Mayor Sergio Massa (ver arriba) y la omisión sistemática de: 1º) Aumento de altura de cota para construcción de obra vulnerando los respetos hidrogeológicos elementales, al haber permitido u omitido controlar el dragado del Canal Vinculación a 12 metros de promedio, sin aceptar que si 12 fuera el promedio están indicando que llegaron a los 24 m, dragando arenas millonarias en el mismísimo Puelche. 2º) Respetos hidrológicos que: a) mirando a Natura respeten los anchos de los cursos de agua, las costas blandas y los meandros donde se cargan las baterías convectivas que mueven las aguas. b) mirando a la seguridad de la población diferencien hidrología urbana de la rural y apliquen entonces las recurrencias de las flooding minimum of 100 to 500 years. c) respecting the legal bodies that hold short hydrological criteria: section 2, Act 6254, s. 101, dec 1359/78 and 1549/83, reg Act 8912 and Article 5, Law 6254, edited or breach of these regulations of art. CN 41.
5 .- To investigate the relations between a lawyer Theophilus Meana Alconada with Mr. Sergio Massa, who was appointed (in time that Mr. Massa had long involvement in the National Government as Director of ANSES and / or Chief of Staff) ANSES as representative of the "Group Consultatio" Mr Constantini company where ANSES had a 26.62% equity interest (Article newspaper appeared in "Financial Environment" of May 14, 2010). All in relation to the possible collusion and influence peddling among the above-mentioned and the granting of licenses and permits for the construction of mega-projects of "Nordelta."
6 .- It is declared invalid by falsifying a public document called MANAGEMENT PLAN DE TIGRE DELTA ISLANDS Mr. Tigre Mayor Sergio Massa, the April 8, 2011 gives it to the President of City Council and political blocs Tigre, for further discussion and adoption. And proved, that some or all of the behaviors and the above facts, and / or those that his research might add, violated the Criminal Code for falsification of art. 293 of the CP, abuse of authority and breach of the duties of a public official and / or other rules, appropriate, if applicable, your complaint, and report to the Honorable City Council of Tigre.
7 .- To investigate the responsibility of those responsible for the areas of environment in the Municipality of Tigre that omitted relevant controls incurring mishandling of land use to allow for urban-natural areas for public use, as prescribed by omitting Law 11723 (Environment) that through the mechanism of the Environmental Impact Assessment leaves an exceptional track the mandates of the standard 8212/77. As in the case of urban mega Nordelta venture that is the only resort developed in the framework of Decree Law N º 8912/77 of the Province of Buenos Aires. That in his art. 59 .- (Decree 10128/83) specific rules for the coastal sea, river and lake. The master plan for the town of Nordelta was approved in 1992 by Decree No. 1736/92 of the same province and Municipal Ordinance No. 1297/92. Ignoring the current municipal officials, provincial and national legislation in force. Investigate possible breach of the duties of public servant appointed by the (Arts. 248 and 249 of the Penal Code). 8 .- To investigate
responsibility of the owners and holders of the properties which made the gated on wetlands and tidal flats, polygenic public domain and public use for their important ecological functions, ie its specific use as fresh water purifier, navigation, transportation and trade. Investigate the criminal liability of such owners and holders of the UC property belonging to natural public property and the criminal that they bear as such, given the serious consequences that their actions cause the whole population.
9 .- A copy of the report submitted to the Municipal Delegate Islands DARWIN Architect Delta del Tigre SANCHEZ on July 6, 2009, requesting Mr. Mayor Tigre humanitarian aid to the native island population affected.
10 .- To cite witnesses for its expertise in the subject and found that some or all of the aforementioned crimes, and / or those whose research might add, violated the Criminal Code, and / or other standards proceed, if applicable, to its complaint, because under law it is illegal peaceful acts and unlawful conduct will bear fruit to those responsible for crimes.
PROVIDE THAT WILL BE UNDER JUSTICE. ASSEMBLY
RIO DE LA PLATA BASIN INTERNATIONAL
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