Cancun, QR. Finally, the constitutional hearing for the presentation of evidence in the amparo trial against the construction of the fourth dock in Cozumel cruises, informed the lawyer Carlos Odriozola, who represents the Citizen Collective of the island.
The lawyer explained that the deferral is something very common in this type of trial, and especially in the case of federal authorities that are involved, to whom notifications must be extended and documentation must be prepared.
In this case, the deferral was due to the fact that not all the government instances involved, in this case the Secretary of Environment and Natural Resourcesthe Ministry of Finance and Public Credit, as well as the Ministry of Infrastructure, Communications and Transportation did not submit the justified reports for the hearing, so the judge decided to extend the deadline for the presentation of evidence.
It should be remembered that the Citizens of the Island of Cozumel Since the beginning of April, he has already won the definitive suspension of the fourth dock, until the case is resolved in substance, which, according to the lawyer Odriozola, could take up to a year or a year and a half before a final sentence is issued.
The group alleges not only their right to a healthy environment, but also their right to the city, that is, to be participants in the decisions that modify their immediate environment, such as in this case a fourth cruise ship dock, which they say is an environmental risk for the island’s reefs, as well as a serious urban impact due to the overload of public services with the arrival of more tourists and more ships that will demand drinking water and generate solid waste.
Suspension Effects
The amparo is filed with file number 62/2022 in the Third District Court in Cancun. The definitive suspension granted by the judge, Pamela López Swains, forces the administrative acts or procedures related to the concession title granted in favor of the firm to be paralyzed Caribbean Docks for the construction of the fourth cruise ship dock in Cozumel, that is to say, that the company cannot carry out any type of work until the amparo trial is resolved, explained the collective’s lawyer.
The judge considered that with the suspension granted, irreparable damage to the environment is avoided, the matter of the trial is kept alive and an effective protection of the fundamental right to the environment is allowed.
“In addition, the precautionary principle is observed as one of the guiding axes of environmental law, as well as the interest of society. The ruling also anticipates that the effects of the acts claimed may cause irreparable damage to the adjacent environment of the ecosystem in which the people promoting the amparo live,” explained Carlos Odriozola.