TC gives MOPC and Codacsa a deadline to open access to area of SPM
Diario Libre
SANTO DOMINGO. The Constitutional Tribunal gave the Ministry of Public Works and Communications (MOPC) and the Dominican Concessionaire for Thruways and Highways (Codacsa) 30 day to begin work to reestablish access to the community of Los Solares, in the municipality of Guayacanes, province of San Pedro de Macoris. This work should be finished within no more than three months.
By means of Sentence TC/0071/13, the court established a RD$15,000 per day fine for these two entities for each day the execution of the project is delayed, and payment will go to the Civil Defense office in San Pedro de Macoris.
The court ordered Public Works and Codacsa to accept and apply the technical report presented by the General Directorate for Ground Transportation on 27 October 2011.
The decision says that it is up to the court to guarantee the access to come and go from the Los Solares section, such rights that could be established, because both entities are committed to the design, construction, execution, management and maintenance of this section of the Autovia del Este according to the documentation that serves as the basis for this case.
The high court says that in the technical report issued by Public Works there is evidence to violate the right of free access and moreover the affects of other fundamental rights such as those of education and work.
"This can be deducted from the circumstances that, due to the closure of the indicated access road, the inhabitants of Los Solares have been kept from logical and natural access to their schools and places of work, forcing them to cover, unnecessarily, between ten and fourteen kilometers."
The decision say that it is evident that the closure of the access road to this community, located at Kilometer 10 of the Autovia del Este, violates the right relating to free transit and the right to human dignity.
The General Directorate for Ground Transportation recommended the creation of a crossroads at Km. 10 of the expressway, to serve as an entrance and exit for the community, a point that fulfills the necessary conditions of safety and viability for carrying out the movement of vehicles and pedestrians.
The TC annulled the sentence that was handed down by the Penal Chamber of the One Person Tribunal of the Court of the First Instance of San Pedro de Macoris which rejected the appeal.
The inhabitants (0f Los Solares) said that they experience the inconvenience having to travel more than 14 kilometers in order to cross the expressway that goes to San Pedro de Macoris, and use an overpass that is located at the fork in the highway that goes to Juan Dolio and the Autovia del Este, or in the other direction, they have to go approximately 10 kilometers to the overpass located next to the community called Punta de Pescadores.
The appeals to the Ministry
Representatives of the community, such as the municipal mayor, the Merchants Association of Juan Dolio-Guayacanes, the Chapel of Our Lady of Carmen, the Foundation Jesus Heals and Teaches, the Fire Department and the Neighborhood Watch from Costa Real-Juan Dolio, sent a letter to the Ministry of Public Works (MOPC) in which they requested the ministry's intervention so that the Codacsa would re-open the stretch of roadway that gives access to the expressway. In response to the petition, the ministry ordered a feasibility study.
By means of Sentence TC/0071/13, the court established a RD$15,000 per day fine for these two entities for each day the execution of the project is delayed, and payment will go to the Civil Defense office in San Pedro de Macoris.
The court ordered Public Works and Codacsa to accept and apply the technical report presented by the General Directorate for Ground Transportation on 27 October 2011.
The decision says that it is up to the court to guarantee the access to come and go from the Los Solares section, such rights that could be established, because both entities are committed to the design, construction, execution, management and maintenance of this section of the Autovia del Este according to the documentation that serves as the basis for this case.
The high court says that in the technical report issued by Public Works there is evidence to violate the right of free access and moreover the affects of other fundamental rights such as those of education and work.
"This can be deducted from the circumstances that, due to the closure of the indicated access road, the inhabitants of Los Solares have been kept from logical and natural access to their schools and places of work, forcing them to cover, unnecessarily, between ten and fourteen kilometers."
The decision say that it is evident that the closure of the access road to this community, located at Kilometer 10 of the Autovia del Este, violates the right relating to free transit and the right to human dignity.
The General Directorate for Ground Transportation recommended the creation of a crossroads at Km. 10 of the expressway, to serve as an entrance and exit for the community, a point that fulfills the necessary conditions of safety and viability for carrying out the movement of vehicles and pedestrians.
The TC annulled the sentence that was handed down by the Penal Chamber of the One Person Tribunal of the Court of the First Instance of San Pedro de Macoris which rejected the appeal.
The inhabitants (0f Los Solares) said that they experience the inconvenience having to travel more than 14 kilometers in order to cross the expressway that goes to San Pedro de Macoris, and use an overpass that is located at the fork in the highway that goes to Juan Dolio and the Autovia del Este, or in the other direction, they have to go approximately 10 kilometers to the overpass located next to the community called Punta de Pescadores.
The appeals to the Ministry
Representatives of the community, such as the municipal mayor, the Merchants Association of Juan Dolio-Guayacanes, the Chapel of Our Lady of Carmen, the Foundation Jesus Heals and Teaches, the Fire Department and the Neighborhood Watch from Costa Real-Juan Dolio, sent a letter to the Ministry of Public Works (MOPC) in which they requested the ministry's intervention so that the Codacsa would re-open the stretch of roadway that gives access to the expressway. In response to the petition, the ministry ordered a feasibility study.
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