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Alida Cortez Gómez de Nano

Pays/Territoire
Pérou
Type de cour
Nationale - cour supérieure
Date
Mar 17, 2003
Source
UNEP, InforMEA
Nom du tribunal
Tribunal constitucional
Siège de la cour
Lima
Juge
ALVA ORLANDINI, BARDELLI LARTIRIGOYEN GONZALES OJEDA
Numéro de référence
EXP. No 0964-2002-AA/TC
Langue
Espagnol
Sujet
Questions juridiques, Air et atmosphère
Résumé

The Peruvian Constitutional Tribunal is asked by the plaintiff to order the immediate dismantling of a communication antenna.

 

The plaintiff claimed that the antenna and its related equipment installed by the society NEXTEL DEL PERU S.A. violate her rights to a healthy, proper and peaceful environment which is guaranteed by the constitution. She also pointed out that NEXTEL DEL PERU S.A did not have all the authorisations necessary to deploy this antenna: indeed, the independent expertise conducted by the civil defence administration led to an unfavourable opinion because the antenna did not respect the regulatory distance with housings.

NEXTEL DEL PERU defended itself by saying that it has already an environmental licence, that its materials have been approved by the competent authorities and that there is no evidence that it could present any danger for health. It also pointed out that the antenna is part of a communication network that provides communication public services.

 

The court ruled that even if it cannot be proven that the equipments used by NEXTEL DEL PERU presents a danger for health, the existence of a potential risk is enough to apply the precautionary principle. Antenna waves are suspected to be dangerous for health and it is important to respect the regulatory distance between them and housings.

Consequently, the court ordered the dismantling of the antenna

Texte intégral
Alida Cortez Gomez de Nano.pdf