suitable channel for defending their rights that they had filed the motion
for amparo.
76.
Following publication in the newspaper El Tribuno of the
news that the provincial executive had, on April 4, 2000, delivered
ownership papers for portions of fiscal lots 55 covered by Decree 461,
which the petitioners had challenged, they requested, in their motion for
amparo, that "prior to the final decision, the executive branch be
ordered to suspend all acts and effects that flow from the challenged
Decrees.” This request for "no innovation" was rejected by the Supreme
Court of Salta on June 8, 2000. On November 15, 2000 the Court of
Justice of Salta rejected the motion for constitutional protection brought
by the petitioners, finding that there was no specific breach of the rights
invoked, nor any manifest illegality in the handling of the claim. The
petitioners brought an extraordinary federal appeal against that ruling,
which was rejected by the Court of Salta on March 14, 2001, whereupon
the petitioners filed a complaint before the federal Supreme Court of
Justice.
77.
In its ruling of June 15, 2004, the federal Supreme Court
accepted the extraordinary appeal and quashed the challenged decision,
ordering the case returned to the original tribunal to issue a ruling
consistent with that judgment. The federal Supreme Court, in its
judgment, accepted the reasoning and the conclusions set forth by the
Prosecutor General, to which the reader is referred for the sake of
brevity. Among his conclusions, the Prosecutor General noted that:
the challenged ruling "has extinguished the action filed
without sufficient legal and factual grounds…. Especially,
when there is no apparent usefulness in pursuing another
process with more debate and evidence, since it is not
necessary to produce more data to resolve the present
case." The Prosecutor General also ordered that the
judgment must be quashed on the basis of the doctrine of
arbitrariness, since the Supreme Court of Salta had ignored
the provisions of local public law invoked by the petitioners,
thereby
affecting
rights
covered
by
constitutional
protection.15 To date, the Supreme Court of Salta has not
issued a new decision.
15 Attorney General (Procurador General de la Nación), Nicolás Eduardo Becerra,
Buenos Aires, November 26, 2003.
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