Wednesday 16 June 2021

Cement Company Wins Case Against Government

260511_lostrabajadores
Cementos David was forced to close its Alajuela plant

(QCOSTARICA) It was four years ago when the government of Costa Rica revoked its operating permits, but today, thanks to a ruling from the Constitutional Court (Sala Constitucional), Cementos David can resume operations.

According to the Court ruling, the highest constitutional body in the country, the illegal action by the Tribunal Contencioso Administrativo forced the company to shut down operations.

- Advertisement -

After more than 18 months of fighting administrative obstacles, on October 2,  2010, under the constant supervision and inspection of the National Environmental Technical Secretariat (SETENA), the Ministry of Health and the Municipality of Alajuela, Cementos David began operations of its San Rafael de Alajuela plant.

These institutions conducted process analysis, quality control, testing of raw materials, noise controls, measuring particulate matter, among others, in the grinding of cement. All studies found that the technology with which the plant operated avoided any risk of contamination.

In less than two years, the operations saw sales of more than 4 million bags of cement and most importantly, a significant drop in cement prices.

Opposing Cementos David, a small group of neighbours orchestrated a plan to discredit the reputation of the company and now faced a series of illegal closures, defamatory allegation and three appeals to the Constitutional Court accusing Cementos David being a highly polluting company.

- Advertisement -

On October 31, 2011, Judge Silvia Consuela Fernandez of the Tribunal Contencioso Administrativo ordered the city to close the plant. She said that it had not been proved that the activity carried out by company did not cause pollution.

On April 12, 2012, the judges of the Sección Tercera del Tribunal Contencioso Administrativo, Evelyn Solano Ulloa, Eduardo González Segura and Elías Baltodano Gómez filed a complaint to the Judicial Inspection (Inspección Judicial), against judge Fernandez. According to the complaint, Fernandez stepped in and put pressure on her co-judges resolved in her favour, the complaint filed by Cementos David against her.

Cementos David claimed a conflict of interest of judge Fernandez and asked her to refrain from considering the appeal filed against the mayor of Alajuela, due to a conflict of interest between her and her brother-in-law, the son of former Alajuela Joyce Zurcher.According to the complaint made to the Judicial Inspection, Fernandez had a special interest in closing Cementos David – which she ordered.

Against Fernandez was also an investigation by the Office of Integrity (Fiscalía de Probidad), for the crime of malfeasance.

On April 4, 2013, investigators from the Fraud Section of the OIJ (Sección de Fraudes del Organismo de Investigación Judicial) presented a report on the case requesting the prosecutor’s office (Fiscalia) for the arrest and immediate suspension judge Fernandez, due to seriousness of the facts.

Given this legal situation, the company filed an appeal with the Constitutional Court.

In the ruling by the judges of the Constitutional Court, “… the actions of Judge Fernández violated the fundamental right of constitutional double jeopardy, that is, it could not resolve a matter that the Board had already issued three judgments on in which they left very clear that Cementos David had fully complied with all the environmental and administrative regulations and its operations do not constitute any risk to the environment nor health of people.”

- Advertisement -

- Advertisement -

FACT CHECK:
We strive for accuracy in its reports. But if you see something that doesn’t look right, send us an email. The Q reviews and updates its content regularly to ensure it’s accuracy.

Ricohttp://www.theqmedia.com
"Rico" is the crazy mind behind the Q media websites, a series of online magazines where everything is Q! In these times of new normal, stay at home. Stay safe. Stay healthy.

Related Articles

Cynthia Ann Telles named new U.S. Ambassador to Costa Rica

QCOSTARICA - Today, U.S. President Joe Biden announced his nomination of...

Simple to request certification of vaccines against covid-19 applied in Costa Rica and abroad

QCOSTARICA - The Ministry of Health issued a new guideline on...

MOST READ

The U.S. and Democracy in Nicaragua

Q REPORTS (Council on Foreign Affairs) Democracy is being destroyed in Nicaragua. This has been the long-term project of Daniel Ortega, the country’s dictator,...

College of Physicians negotiates donation of a million and a half vaccines against covid-19

QCOSTARICA - This week there could be very good news for the country in the fight against the coronavirus pandemic if the College of...

Simple to request certification of vaccines against covid-19 applied in Costa Rica and abroad

QCOSTARICA - The Ministry of Health issued a new guideline on Thursday that establishes the requirements to request the vaccination certificate against covid-19 in...

5.7 Quake jolts Costa Rica

2021-06-10 17:27:0.5, Magnitude: 5.76, Depth 10.0 km, Epicenter: 95.5 km Southwest Malpais de Puntarenas. The jolt was felt also in the Central Valley. No reports...

Direct flight will connect Guanacaste with Austin starting in November

QCOSTARICA - American Airlines announced that starting November 2, 2021, it will offer a direct flight between Austin, Texas and the Daniel Oduber International...

Vaccine Tourism – A Practical Guide

By Amy Gdala, Guest Contributor - The US has a surplus of vaccines, while Costa Rica is struggling to supply sufficient numbers to citizens...

Apple extended the life of its older iPhones

QTECH - Whether due to the global economic crisis caused by the Covid-19 pandemic or due to shortages of electronic components, raw materials, factory...

Today’s Vehicle Restriction: June 11, “EVENS”

Today, Friday, June 11, only EVENS can circulate. The measure is countrywide and applied between 5:00 am and 9:00 pm, save for those under the...

Bribed with cars, sexual favors and money in exchange for road works contracts

QCOSTARICA - The OIJ uncovered a big pothole on Monday when it was announced that public officials had allied with construction companies that, apparently,...

WANT TO STAY UP TO DATE WITH THE LATEST!

Get our daily newsletter with the latest posts directly in your mailbox. Click on the subscribe and fill out the form. It's that simple!

Log In

Forgot password?

Forgot password?

Enter your account data and we will send you a link to reset your password.

Your password reset link appears to be invalid or expired.

Log in

Privacy Policy

Add to Collection

No Collections

Here you'll find all collections you've created before.