2023-10-09 05:28:01
SEE / Yuleidys Hernández Toledo
The Constitutional Chamber of the Supreme Court of Justice, TSJ, suspended a precautionary measure that evicted three (3) older adults from rented properties in the Dautar building, located in Las Mercedes, Baruta municipality, Miranda state. The decision was contemplated in ruling 1,375 dated September 29, 2023.
The decision to evict the elderly Betty Rodríguez de Quintero, Jhon Rafael Quintero Rodríguez and Mariela Alejandra Reyes Hernández, was at the request of the 6th Prosecutor’s Office of Caracas, which charged the elderly adults with the alleged commission of the crimes of invasion and gathering. , due to a complaint filed by Alí Salim Abdul Hadi, who presented himself as the representative of the Onlus Civil Association, the alleged owner of the building, highlights the Tenant Movement on your blog.
The aforementioned ruling prohibits carrying out any procedural action that entails the eviction of the aforementioned citizens.
In the sentence, issued by the rapporteur magistrate Luis Fernando Damiani Bustilloit is read, in the grounds for the request for acknowledgment: «That [e]he criminal proceedings instituted against Betty Rodríguez de Quintero, John Rafael Quintero and Mariela Mariela Alejandra Reyes Hernández, under a false complaint before the Public Ministry and as of this date, are accused of committing crimes that they did not commit, simply because the complainant has been taking advantage of honorable institutions of the Criminal Justice System such as the Public Ministry and the Criminal Court.
The document adds: “since nothing justifies that there being so much in the Prosecutor’s Office [S]exta (6th) of the Metropolitan Area of Caracas, as in the Twentieth (20th) Control Court, sufficient documentary and testimonial evidence to demonstrate that the accused persons are not invaders, but rather legal occupants of the properties in question, has issued a decree of restitution of the property to its alleged owner, without having carried out the administrative procedures (sic) before the National Superintendence of Housing Leases (SUNAVI) and subsequently the judicial process before the corresponding civil courts, being that in the present case , the complainant has used these members of the criminal justice system to exercise judicial terrorism through this false complaint” (Capital letters from the original and brackets from the Court)”.
In the decision, the sentence that can be read on the TSJ website, contemplates in paragraphs 3 and 4 the following: «3-ORDER to the Twentieth Court of First Instance in Control Functions of the Criminal Judicial Circuit of the Metropolitan Area of Caracas, the immediate referral of the case identified with the alphanumeric N° 20° C-S-1027-23, containing the case against citizens Betty Rodríguez de Quintero, Jhon Rafael Quintero Rodríguez and Mariela Alejandra Reyes Hernández, for the alleged commission of the crimes of invasion and gathering provided for in articles 471-A and 286 of the Penal Code . 4.- ORDER the immediate suspension of said case (N° 20° C-S-1027-23), and the prohibition of carrying out any procedural action after the publication of this decision, I’m sorry of nullity thereof, in accordance with the provisions of article 108 of the Organic Law of the Supreme Court of Justice.
In the fifth he points out: that “SUSPEND the effects of the ruling dated September 6, 2023, which decreed an unnamed precautionary measure for the restitution of the properties related to apartments No. 3 and PH-6, of the Dautar Building, located on Avenida Principal de las Mercedes, of the Municipality Baruta of the Miranda State».
What does the Tenants Movement say?
The Tenant Movement pointed out that from the information they were able to gather, “one of the tenants has a notarized lease contract, this quality is recognized by the National Leasing Superintendence (SUNAVI). On July 4, the 6th Prosecutor of the AMC appeared, indicating that she had to appear at the CICPC because she was accused of an alleged crime against property; later, the same thing happened with those eligible. 03, 05 and 06 of the building.
The organization adds in its blog that: «The tenants state that in said meeting the prosecutor’s partiality in the case was noted. The family joined as tenants through an advertisement by CENTURY 21 in 2010, whose owner at that time was Claudia María Ruettgr, sister-in-law of Luigi Dacossi, representative of Diego Tolio, owner of the apartments. 03, 05 and 06, died in Italy in 2018 and now the property “passes” to an NGO: ONLUS CIVIL ASSOCIATION. One of the tenants has a high-risk pregnancy and lives with her elderly mother, a recognized revolutionary leader in the sector, none of this, nor the quality of being a tenant, prevented the prosecution from charging her.
It is not the only case
The Sectoral Subcommittee on Housing and Urban Development of the National Assembly has attended to 29 cases of evictions of families who were victims of simulation of a punishable act, since they were accused of being invaders before the Care Program for the Elderly promoted by the Public Ministry (MP). since the month of April. This was reported on Tuesday, October 3, 2023, by the president of that parliamentary body, deputy Rigel Sergent, in a press release.
He explained on that occasion that the cases presented do not merit submitting to criminal proceedings, and in some the alleged victim is not an elderly adult, but rather a legal entity or owner of entire properties that have protection measures in housing programs. He said that, on the contrary, those evicted are legally qualified tenant families, and in many cases they are also older women, who do indeed deserve social protection.
These 29 complaints originate in the states of Aragua, Anzoategui, Barinas, Carabobo, Lara, Miranda and the Capital District, adds the Tenants Movement.
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