Santo Domingo, RD.
The Inter-American Commission on Human Rights (IACHR) informed the Dominican Government that it is in possession of an instance for violation of the right to property to the detriment of one of those affected by the judicial decisions that they involve tourist lands in Enriquillo and Pedernales.
The organization of the Organization of American States (OAS) reported the case through registry number P-1692-20, through the corresponding instances, so that the State becomes aware of the file, which is in a study phase.
The file to which the IACHR refers It is an instance on the claim of the engineer Manuel Carvajal Sánchez, who presented the case in a detailed brief through his lawyer Héctor Rafael Tapia Acosta.
The lawsuit against the Dominican State was filed in Washington through Paulo Abrao, executive secretary of the IACHR, who also informed Carvajal Sánchez that it is in the initial stage of the corresponding analysis to proceed to make a decision.
Carvajal Sánchez invokes in the lawsuit his capacity as a third party acquirer in good faith in the case of plots 215-A-47, 215-A-48 and 215-A-65 of cadastral district 3 of the municipality of Enriquillo, whose property titles have been annulled for allegedly having been fraudulently registered.
It points out that when acquiring the land it was possible to verify that they did not have any type of opposition to transfer “and having this document the guarantee of the State, makes it unnecessary to examine record books, and the existence of a fraudulent concert cannot be presumed , therefore, the presumption of an acquirer in good faith is imposed ”.
It adds that despite the fact that the State put the case into litigation, incurring in “a shameless intervention of the Executive Power, shamelessly maneuvering to violate fundamental and inalienable rights such as the right to property and the right to defense.”
The instance informs the IACHR that when acquiring the land of reference, the jurisdiction’s title registrar refused to routinely register said property, claiming that the originals that endorse it were not in that office.
“This eventuality, totally unusual and anomalous, has unconstitutionally, illegally and arbitrarily prevented the registration of the aforementioned property rights from being formalized in favor of its legitimate and sole owner, Mr. Carvajal Sánchez, whose rights with a registry vocation they have not been questioned throughout the process that concerns us, ”he says.
The instance indicates that in addition to the violation of the right to property, in the process that affects Carvajal Sánchez, article 12 of the cassation law, which establishes the suspension of the execution of the appealed judgments, has been violated.
It denounces that this situation has produced a chain of violations of the legal norms of the Dominican Republic, including decisions of the Dominican Republic itself. Supreme Court of Justice, which is why it has been compelled to seek the protection of the IACHR.
Likewise, it points out that decisions of the Constitutional Court have referred to the protection of property rights, invoking decisions of the Supreme Court that establish the protection of third party acquirers against the eventuality of irregularities committed by the seller.
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