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Sentencia N.° 065-15-SEP-CC

Pays/Territoire
Équateur
Type de cour
Nationale - cour supérieure
Date
Mar 11, 2015
Source
UNEP, InforMEA
Nom du tribunal
Constitutional Court
Siège de la cour
Quito
Juge
Patricio Pazmiño Freire; Jaime Pozo Chamorro
Numéro de référence
N.° 065-15-SEP-CC
Langue
Espagnol
Sujet
Bétail, Eau
Mot clé
Développement agricole Agriculture et environnement Forêt privée Zones humides Eaux continentales Populations autochtones Droits de propriété Produits agricoles Terres privées Aquaculture Terrains agricoles Évaluation des ressources/des dommages Propriété
Résumé

In this case, the plaintiffs are 70 families of traditional fishermen and farmers from the community of Verdum the estuary of the Chone River in the canton of Tosagua in the Province of Manabi and that have been forced to leave their lands which have been bought by a company which wants to exploit shrimps ponds.

The plaintiffs sued the company in front of the court of justice of Manabi instance and mentioned that they had a right over the land resulting from the fact that those lands had always been occupied by their ancestors and that the activities of the companies will have a negative impact on the mangrove ecosystems where the company had its shrimps ponds. The court of first instance followed their argumentation and ordered the company to take measures to restore the ecosystems and to compensate the plaintiffs. To do so, the court requires the defendant to allocate 20% of its lands to the reproduction of the mangroves areas that were destroyed by its shrimp’s ponds and to assign some of its benefits to the community of Verdum.

The defendant appealed the decision in front of the constitutional court on the basis that the decision of the court of justice of Manabi was not respective his constitutional rights to property and to a judicial security as the decision is not founded on enough evidence and does not respect the right to judicial security. The judges of the constitutional court overturned the first instance judgement and declared that there was no scientific evidence showing that there was any environmental damage and that it would have been the responsibility of the States to take the necessary measures through permit regulations to protect the mangroves.

Texte intégral
Sentencia N.° 065-15-SEP-CC.pdf