The President of Chamber I of the Federal Chamber of Buenos Aires, Mariano Llorens, threatened the substitute judge of Bariloche, Gustavo Villanueva, that the judicial order would not obey in handing over the land from the Army in favor of the Mapuche community. On April 1, Patagonian officials had ordered the National Executive Power to register the hectares claimed by the Mapuche community.
In a judicial dispute there are 180 hectares from the 1960s to the Mount Military School of the Army of Juan Domingo Perón. Millalonco Ranquehue was the convent that claimed to possess ancestral rights over the said tract of land.
The case initiated in 2012 led to the protection of the indigenous community, within which several public bodies were convened: INAI, the National Congress, the Ministry of Defense and the Ministry of Justice and Human Rights, leaving the Governor. INAI representation of the State of the State by force of the theme.
The deputy judge of Bariloche, Silvina Domínguez, signed the Senate consultation through which the request was issued by the Millalonco Ranquehue Mapuche Community and therefore ordered “The National Insect Branch to be final within 60 days of that decision, to be a free transfer. Superintendent, National Institute of Indigenous Affairs, region of the world.”
In order to review the decision of the Federal Court of Bariloche, and by order of the Minister of Defense Jorge Taiana, last year the Argentine Army presented an Extraordinary Appeal before the Supreme Court of the Nation General Roca. The armed institution is the legal guardian of the 180 hectares where the instructional area of the Juan Domingo Perón Mountain School is located.
Again, the federal courts investigating the actions of the Army who appealed the decision to surrender the land outside the legal boundaries, leaving that judgment final.
In the middle of this dispute, Comodoro Py signed two decisions: at the end of 2022, Judge Daniel Rafecas in the Río Negro government emphasized that the mandate of the Real Estate agency is that these lands are under judicial investigation and cannot change the owner until the process ends.
Now, Rafecas, who had rejected the request from the prosecutor Carlos Stornelli to “not innovate” in those lands, that is, not to hand over, recalled that decision and prevented any change until all the judicial discussions are resolved, even from the beginning. The army before the Court.
The immediate effect of this measure is the prevention of the production of any administrative act by the National Executive Power, the National Institute of Indigenous Affairs or “any other public body that may be competent to transfer the possessions of the lands whose measure has been approved resolution. N. 1174 Institute of Indigenous Nations (INAI)”.
Despite this, in the solution to which Clarín agreed, Judge Marianus Llorens explained this part of Monday that the new judge substituted in Bariloche on March 17 “terrified the National Executive Power to order (180 hectares per year), ignoring the order given not to renew; not to transfer those lands until the judgment they interviewed”.
In these circumstances, the chamberlain seriously reported to Judge Villanueva for “the inertia shown by the judge who, despite the express instructions of his Superior, throughout this time has neglected to observe the orders that belonged to him already two times”.
The subpoena sent to the national government by Justice Río Negro to the Federal Chamber of Buenos Aires was informed by the prosecutor previously mentioned the example of José Agüero Iturbe. As a result, Judge Llorens said “this communication requires me to remind the police of the obligation that outweighs the police to adapt their behavior to the information of the camera”.
Then the judge of Bariloche ordered “urgent compliance” with the request of Rafecas, who told him twice to declare to the province that these lands cannot change their ownership until the judicial dispute is resolved.
It was ordered that the court of Bariloche “respond to the official letters” so that any alteration of the individual entries in the Property Register was ordered to be associated with the disputed lands;
The proposal is “under the admonition of incurring disobedience and consequently sending a model of what is revealed here to the Council of Magistrates of the Nation for analysis of procedures” by the substitute judge of Bariloche.
The disobedience of the resolution of the Chamber “Millalonco Ranquehue favors the Mapuche community, which claims lands of the Argentine Army in the area. While the debate on the request of the executive power is still open, despite the extra appeal. the terms obtained in this situation,” said maid Llorens.
Judge Domínguez, who handed over 180 hectares, turned to the light of the controversy. In Patagonia there are 50 judicial boards with the same claims. In Bariloche alone, of the 3,500 hectares that the Army has in custody, 2,800 are claimed by eight Mapuche communities in court.
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