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other
legal actions
cases driven by aldhu, presented before the court of justice.
fumigation cases.
In reality, there exists a number of claims due to accidental damage to
people and the environment, in the Administrative Districts of; Putumayo,
Guaviare, Nariño, in the south of Colombia and the Ecuadorian Province
of Sucumbios, as a consequence of aerial fumigations of illicitly called
crops.
The fumigations carried out using the chemical Round Up Ultra, containing
gliphosates and POEA, added to increase its effect, the fixing agent Cosmo
Flux 411F. This mix of substances which have used gliphosates at 26%,
and not at 1 % as recommended in the United States, is only for terrestrial
applications, to be directly applied to the plant wished to eliminate
and using protective equipment. These concentrated chemical products used
in fumigations, which obviously cannot distinguish between illicit or
legal crops, destroy and contaminate indiscriminately causing grave damage
to people and animals.
More that 1500 cases or individual claims exist due to effects related
to the fumigations, in Colombia as well as in Ecuador, properly documented
by the Peoples´ Defense in both countries.
The ALDHU has intervened with the Legal Firm Mithoff & Jacks L.L.P. with
a demand representing close to 1000 people in the bordering zone between
Ecuador and Colombia, physically and economically affected by the fumigation
effects.
popular banco case, vision fund.
In the representation of more than 7,000 affected families, against the
Imperial Canadian Bank of Commerce (Banco Imperial Canadiense de Comercio),
Bahamas Fiduciary Company Ltda. (Compañía Fiduciaria Bahamas Ltda.), CIBC
Bank (Banco CIBC) and Caiman Fiduciary Company (Compañía fiduciaria Caimán
Ltda.), Nicolás Landes, (Banco Popular del Ecuador, S.A.) amongst others.
In the United States´ case, brought forth by the Legal Firm of Miami Fla.
Podhurts, Orseck, Josefberg, Eaton Meadow Olin & Perwin P.A. The demand
presented to the Tribunal Judicial District # 17 in Broward County Florida,
# 02008659, is still in progress.
daiki maru case.
One of the United States Navy ships, the frigate (la fragata) USS Mc Inerny
took place in the illegal boarding of the Ecuadorian flagged fishing boat
Daiki Maru, in a supposed drug search on board the vessel. This took place
on June 3 2001, in Ecuadorian waters 68 miles to the south of the Galapagos
Islands. Later, they twice illegally boarded the same vessel in Ecuadorian
waters, conducted by the frigate USS Rentz, which was in spite of a mutual
agreement between the two countries (U.S. and Ecuador) that determined
Ecuadorian territory, including Ecuadorian water, as exclusively Ecuadorian
jurisdiction, making boardings as such prohibited.
In the first boarding, the Daiki Maru was partially destroyed, the crew
was illegally detained by North American authorities and were returned
after 3 days in a detained nature, to the Ecuadorian Port Captain, the
freedom of the crew given due to Habeas Corpus in virtue of the vessel
not having drugs nor offense against the pursuit.
The ALDHU received the complaint and established a demand for the damages
and losses against the Southern Command of the United States Armed Forces,
who were directly responsible for the incident. This case is represented
in the United States by the Legal Firm of Podhurst, Orseck, Josefberg,
Eaton, Meadow, Olin & Perwin P.A, which is presently in the process of
the United States Court.
newmont peru case.
The North American Company Newmont, has the concession in the Government
of Peru for the exploitation of a gold mine (considered to be one of the
largest in the world) in Cajamarca Peru. Consequently the mining activities
produced a mercury leak along approximately 30 kilometers of highway,
affecting various towns and cities, including Cajamarca.
The problem increased considerably when Newmont contracted the same townspeople
to take action in the clean up of the Mercury leak, procedures that developed
without adequate methods or special protective equipment despite the dangerous
chemical in question. As a result of that, more than 2000 townspeople's
health was affected, especially with respect to the percentage of mercury
in their blood (it was much higher that the maximum marks of the Pan-American
Health Organization).
ALDHU received the complaint from the Governmental Province of Cajamarca
and other organized settler groups, that contacted the General State Parliament
of Peru and the Government of the Cajamarca Province and the settlers
themselves, coordinated the presentation of the claim in Colorado, Newmont
headquarters, the State Court, and the North American Federal Court to
effectively carry out the trial and to compensate for those affected.
Both demands are presently in progress in the North American Courts.
case of a fuel leak in galapagos -tanker
jessica-.
The tanker Jessica, property of the Acotramar Cia., leaked an important
quantity of fuel off the coast of the island San Cristóbal, in the Galapagos,
Ecuador.
The fuel leak was due to the crew's negligence. This event generated a
strong impact on the marine and terrestrial life on the Galapagos, an
area that is declared patrimony to humanity. It also affected the Galapagos
Ecological Tourist Park and the thousands of the fishermen that live off
fishing.
ALDHU received the complaint made by the Government of the Galapagos Province,
the Galapagos National Institute and the Charles Darwin Foundation (Fundación
Charles Darwin). The demand began with the representation of the Government
of Galapagos by the Legal Firm of Podhurst, Orseck, Josefberg, Eaton,
Meadow, Olin & Perwin P.A.
case against the tobacco companies
The North American tobacco companies committed perjury in swearing before
the Country's Congress, in denial that their products contained additives
that produce cancer and raise addiction levels. This established a legal
process that the State of Union achieved indemnity of 246,000 million
dollars for the incurring costs of the public health system due to the
cigarette consuming citizens.
The Latin American states have also spent thousands of millions of dollars
on care of cigarette consuming citizens. ALDHU intervened in the preparation
of the case, to first study the viability of the Latin American countries
filing demands on the same basis. The governments of Brazil, Honduras,
Venezuela, Belize, Ecuador and Bolivia stood by the claim.
Through the process of discovering international contraband on cigarettes,
controlled from Aruba, evading enormous taxes and directly affecting the
income of Latin American countries.
To date, both demands, for the costs of the state of health and for contraband,
are presently in process in the United States Court in honor of these
countries. These cases are represented by the North American Legal Firm
of Podhurst, Orseck, Josefberg, Eaton, Meadow, Olin & Perwin P.A., and
in Bolivia's case by the Riddle, Baumgartner & Hill Legal Firm.
case for pablo vicente jaramillo.
Penal and civil demands for the young Ecuadorian Pablo Vicente Jaramillo,
assassinated by Peter Karmilowicz United States Embassy official in Ecuador,
who took refuge in the Viena Convention, for diplomatic immunity, evaded
being detained and tried in Ecuador, is presently under legal proceedings
before the United States Court.
case for victor manuel mieles.
Penal and civil demands in the case of the deceased Mr. Víctor Manuel
Mieles, Ecuadorian citizen run over by Damon Plyer, United States Embassy
official in Ecuador, is presently under legal proceedings before the United
States Court.
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