I don't understand why they are talking about Superior Court cases when it was the Supreme Court that made the last decision. The saga continues.
[Google translation from Spanish]
Defense Bávaro Airport ensures sentence does not affect decree or contract with the State to build
They clarify that all the sentences mentioned in a statement on Monday by the Eastern Airport Corporation and the Puntacana Group have been the subject of appeals that seek to rectify the constitutional violations committed against the fundamental rights of the air terminal.
Santo Domingo.- The Defense Council of the Bávaro International Airport (AIB) issued a statement on Wednesday informing that there is no irrevocable res judicata authority in the legal proceedings that the company is facing. For this reason, the legal defense of the AIB downplayed the veracity of the version that justice has put an end to the construction of the air terminal, after the defense team of the Eastern Airport Corporation (CAE) and the Puntacana Group (GPC) shared a statement on the matter last Monday.
They maintain that no ruling has affected the decree approving the airport, nor the contract signed with the Dominican State for its construction. "We are deeply concerned that public opinion is misinformed with statements about sentences that are not final, since these have been the subject of the corresponding appeals," the AIB lawyers point out in the letter addressed to the media. They recalled that the country's justice system consists of three jurisdictional instances and a constitutional one, so any sentence issued by a court can be appealed to the higher courts. "You can only talk about a final decision when the case has gone through this process," they stressed. They added that the case of the Bávaro International Airport has been the subject of four sentences issued by the Second Chamber of the Superior Administrative Court, all under the same composition of judges.
Similarly, they emphasized that two of these sentences (January 28 and December 16, 2022) were handed down without holding hearings to hear the parties involved, violating the fundamental right established in article 69-4 of the Constitution. The Defense Council of the Bávaro International Airport, among which is Dr. Emmanuel Esquea Guerrero, highlighted his firm commitment to defend the legality and transparency of the project. He pointed out that all the aforementioned sentences have been the subject of appeals that seek to rectify the constitutional violations of fundamental rights committed. He described as unfortunate the fact that public opinion is used to try to influence the judges in charge of passing sentences on pending appeals. It considered inadmissible that a resolution of a body dependent on the Executive Branch could ignore the rights acquired by the AIB, backed by a contract signed by the Dominican State with the authorization of the President of the Republic.
"We continue to trust in the justice and legality of our actions and we will continue to fight to rectify any violation of fundamental and constitutional rights," they concluded.
La Defensa del Aeropuerto Internacional de Bávaro (AIB) informó que no existe la autoridad de la cosa irrevocablemente juzgada en los...
www.elcaribe.com.do
