Constitutional Court issues ruling ratifying free public access to beach El Encuentro de Cabarete
PUERTO PLATA.- The Constitutional Court of the Dominican Republic ratified by free public access to the populous El Encuentro beach located in the Cabarete municipal district.
The judges of that High Court issued judgment number TC / 0106/19, dated last Thursday May 27 of the current year where ratification of sentence number 271-2018-SSEN-00588, issued by the first Chamber of the Civil Chamber and Comercial de Puerto Plata, on September 26, 2018.
This sentence of the Constitutional Court which was published on its official website, establishes the immediate reopening of the public road that gives access to El Encuentro beach, which has been closed in the district board of Cabarete and by the companies Inversiones Calpe SRL and Mesa Invesment Limited C by A.
It is recalled that the first degree amparo action filed by the Association for the Protection, Development and Free Access in Playa Encuentro (APRODELAPEN), was generated due to violations of the constitutional rights of free transit, right to sport, use of the waters and the sixty (60) meters of high tide.
This legal action initiated by the lawyers José Alejandro Jiménez Almonte and José Ramón Valbuena Valdez, who represent the entity APRODELAPEN, obtained a profit of cause more than 10 months ago and now obtaining the ratification of the judgment in the first degree, acquires the power of the Irrevocably Thing Judged.
In spite of the fact that the Civil and Commercial Chamber of Puerto Plata ordered the access to El Encuentro beach in Cabarete, inexplicably said sentence could not be executed since the Public Ministry has not ordered the delivery of public force for such purposes.
Similarly, said ruling declares access to El Encuentro beach as a right fundamentally protected by the Constitution of the Dominican Republic, ordering the companies Inversiones Calpe SRL and Mesa Invesment Limited C por A, to immediately withdraw the obstacles that prevent free access to said beach.
The Municipal Council of Sosúa is also ordered, visibly marking the sixty (60) meters of high tide, while the Ministries of Environment and Tourism, the Specialized Body of Tourist Security (CESTUR) and the District Board of Cabarete, must have as many measure are necessary for the optimal preservation of the beach encounter free of obstructions.
Source: Puerto Plata Digital
June 3, 2019
Category: DR News |