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Sentencia N.° 172-14-SEP-CC

Country/Territory
Ecuador
Type of court
National - higher court
Date
Oct 15, 2014
Source
UNEP, InforMEA
Court name
Constitutional Court
Seat of court
Quito
Judge
Patricio Pazmiño Freire; Jaime Pozo Chamorro
Reference number
N.° 172-14-SEP-CC
Language
Spanish
Subject
Water
Keyword
Industrial water use Constitutional law Free water use Water desalination Water users' associations Freshwater quality/freshwater pollution Water supply Freshwater resources management Resource/damage valuation Human rights
Abstract

In this case, the plaintiff, the owner of a farm neighboring the gorges of del Soroche, complained that the activities of the defendants in the production of hydro energy and in the extraction of freshwater have a negative impact on the water ecosystem of the gorges.

The plaintiff sued the two public companies in charge of the production of the hydro energy and of the exploitation of the abstraction of drinking water for environmental damages in front of the second Criminal Court and argued that the quality of the water of the gorges had been decreasing due to the pollution of the water resulting from the exploitation of the waters by the two defendants. The judges of the court of first instance did not follow its argumentation and refused to condemn the defendants. The plaintiff sought an appeal in front of the Court of Appeal, but the Court of Appeal upheld the judgement of first instance. The plaintiff also tried to sue the two public companies in front of the civil jurisdiction for environmental damage, but was not more successful. Finally, he decided to sue them for the violation of his rights to a safe habitat, to property, to Health, to a healthy environment and finally, his right to participation. This action was successful in front of the court of first instance but not in front of the Special Criminal Court of the Provincial Court of Justice of Azuay who acted as an appeal chamber in that case, where the claims of the plaintiff were again dismissed.

As a result, the plaintiff brought his case in front of the constitutional court and argued that the decision of the Special Criminal Court of the Provincial Court of Justice of Azuay was violating its constitutional rights. The Constitutional Court held that there was no violation of the constitutional rights of the plaintiff because the plaintiff could not prove that there was any environmental damage which resulted in a violation of his rights. As a result, the appeal was dismissed.

Full text
Sentencia N.° 172-14-SEP-CC.pdf
Website
www.cortenacional.gob.ec