NewsWhore
06-28-2010, 05:20 PM
The Supreme Court of Justice (SCJ) has accepted a purchase made by Carlos Sanchez Hernandez, who was arrested in the Operation Malaya corruption case in the Spanish resort town of Marbella. Diario Libre reports today that regardless, the SCJ upheld the order to register the right of property on 3.4 million m2 of land in the parcel 6-004-10866 of the Cadastral District 10/1 of the municipality of Higuey. This is part of the 35 million m2 contained in the National Park of the East.
Diario Libre reports that Carlos Sanchez Hernandez is implicated together with 60 other people in an alleged tax fraud case against the Spanish tax agency for some EUR4.8 million, known as the Marbella Case, figures in the acquisition of a portion of 3 million m2.
The newspaper says that the decision in favor of Sanchez Hernandez came as a surprise to other Dominican government authorities, namely the Attorney General, the Ministry of Environment, and lawyer for the state Fermin Casilla Minaya.
According to Diario Libre, in December 2008 Environment Minister Jaime David Fernandez warned that nobody who had acquired land within the limits of the National Park of the East could go into the park to take possession of them.
Yesterday, ministry spokesman Mayo Rodriguez repeated that statement. "They can declare it legal, but it's very simple, it will continue to be a protected area, and if it is within the limits of the protected area it acquires a very special status", he told Diario Libre.
The judges of the Third Courtroom of the SCJ, Pedro Romero Confesor, acting president, Julio Anibal Suarez and Enilda Reyes Perez endorsed the order to register, with the improvements consisting of coconut trees, 2,431,059 m2 in the names of Daniel Antonio Minaya Rodriguez, investment companies Trubia, S.A. and Tecnicas Electricas and Desarrollo Integral, according to the sales agreements made by the contractor in their favor. Likewise they ordered 1,041,822 m2 should go to Juan Antonio Hache Khoury.
"We will respect the property rights of whoever owns land in a protected area, but the law contemplates that what the property owner in a protected area has to do", said the Environment Ministry spokesperson.
According to the Sectorial Law on Protected Areas (202-04), in reference to the private protected areas, says that "the State will guarantee the property rights over these areas, through incentives and the use of financial instruments such as the payment for environmental services, all within the norms established by this law and its regulations". Article 12 adds that "the proprietors of these areas should draw up a plan for handling them approved by the Ministry of the Environment and Natural Resources within the deadlines established in the corresponding regulations".
To read background on the case and other dealings in which Carlos Sanchez has been involved in the DR, see in Spanish, see http://www.diariolibre.com/noticias_det.php?id=251282
www.alifc.org/pdf/corrupcion_en_marbella.pdf (http://www.alifc.org/pdf/corrupcion_en_marbella.pdf)
http://www.diariolibre.com/noticias_det.php?id=181268&page=2
http://www.clavedigital.com/App_Pages/portada/Titulares.aspx?Id_Articulo=8385
http://foros.clavedigital.com/forum_posts.asp?TID=3041&PN=31
http://foros.clavedigital.com/forum_posts.asp?TID=3041&OB=DESC&PN=21
More... (http://www.dr1.com/index.html#6)
Diario Libre reports that Carlos Sanchez Hernandez is implicated together with 60 other people in an alleged tax fraud case against the Spanish tax agency for some EUR4.8 million, known as the Marbella Case, figures in the acquisition of a portion of 3 million m2.
The newspaper says that the decision in favor of Sanchez Hernandez came as a surprise to other Dominican government authorities, namely the Attorney General, the Ministry of Environment, and lawyer for the state Fermin Casilla Minaya.
According to Diario Libre, in December 2008 Environment Minister Jaime David Fernandez warned that nobody who had acquired land within the limits of the National Park of the East could go into the park to take possession of them.
Yesterday, ministry spokesman Mayo Rodriguez repeated that statement. "They can declare it legal, but it's very simple, it will continue to be a protected area, and if it is within the limits of the protected area it acquires a very special status", he told Diario Libre.
The judges of the Third Courtroom of the SCJ, Pedro Romero Confesor, acting president, Julio Anibal Suarez and Enilda Reyes Perez endorsed the order to register, with the improvements consisting of coconut trees, 2,431,059 m2 in the names of Daniel Antonio Minaya Rodriguez, investment companies Trubia, S.A. and Tecnicas Electricas and Desarrollo Integral, according to the sales agreements made by the contractor in their favor. Likewise they ordered 1,041,822 m2 should go to Juan Antonio Hache Khoury.
"We will respect the property rights of whoever owns land in a protected area, but the law contemplates that what the property owner in a protected area has to do", said the Environment Ministry spokesperson.
According to the Sectorial Law on Protected Areas (202-04), in reference to the private protected areas, says that "the State will guarantee the property rights over these areas, through incentives and the use of financial instruments such as the payment for environmental services, all within the norms established by this law and its regulations". Article 12 adds that "the proprietors of these areas should draw up a plan for handling them approved by the Ministry of the Environment and Natural Resources within the deadlines established in the corresponding regulations".
To read background on the case and other dealings in which Carlos Sanchez has been involved in the DR, see in Spanish, see http://www.diariolibre.com/noticias_det.php?id=251282
www.alifc.org/pdf/corrupcion_en_marbella.pdf (http://www.alifc.org/pdf/corrupcion_en_marbella.pdf)
http://www.diariolibre.com/noticias_det.php?id=181268&page=2
http://www.clavedigital.com/App_Pages/portada/Titulares.aspx?Id_Articulo=8385
http://foros.clavedigital.com/forum_posts.asp?TID=3041&PN=31
http://foros.clavedigital.com/forum_posts.asp?TID=3041&OB=DESC&PN=21
More... (http://www.dr1.com/index.html#6)