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Yesterday, the Buenos Aires Justice rejected the appeal filed by the government of the city of Buenos Aires in September 2023, which sought to annul the first instance precautionary measure that interrupted the construction of bathrooms in the Botanical Garden and ratified the suspension of the works started a year ago, without consultation. In this way, the claim of the group of neighbors who had presented an amparo for what they considered damage to a property that has the status of a National Historical Monument (MHN) is validated.
Before starting the works, the Buenos Aires government should have consulted the National Commission of Monuments, Assets and Historical Places; In fact, it is what it is doing now to restart them, in compliance with the law.
Chamber I of the Chamber of Administrative, Tax and Consumer Relations Litigation, made up of judges Carlos Francisco Balbín, Fabiana Haydée Schafrik and Pablo César Mántaras, not only confirmed the precautionary measure issued by the judge of First Instance, Dr. Romina Tesone, but also imposed the costs of the judicial case on the Buenos Aires government.
On the occasion of the realization of the “immersive show” Secret Gardencarried out, not without controversy, in the Botanical Garden in July and August 2023, the government of Horacio Rodríguez Larreta had begun the construction of new bathrooms in a sector of the Botanical Garden located on Syrian Arab Republic Street at its intersection with Berutti . The authorities had indicated that this project was not linked to the sound and light show but to the need to renovate and expand the toilets due to the number of visitors (the Botanical Garden receives visits from school groups and tourists). The neighbors, whose claim was not heard, filed an amparo because the officials had not requested due authorization from the National Monuments Commission, as established by law 12,665.
In 2023, the neighbors had met with the authorities of the Botanical Garden and the Buenos Aires Environment Secretariat (now Undersecretariat), but they were unable to reach closer positions. They also contacted those who had been elected to govern the city, among them, the current head of government Jorge Macri, without results. For its part, the National Monuments Commission carried out actions that were also unsuccessful. Then, the neighbors filed an appeal in court that resulted in the precautionary measure to paralyze the work, a ruling that is now confirmed by the Court of Appeals. There is no possibility of review of this judicial decision.
“There is no doubt that the Chamber observes the illegality with which these works began, thus giving us the reason for our request,” says journalist Nino Ramella, a resident of the Botánico, to LA NACION. And although the ruling does not order its demolition, which would be our desire, it confirms the reasonableness of our complaint. We will continue this judicial case now more calmly with this sentence. Those who will have to explain this outrage are the officials who took the laws ahead of them and on top of that plunged citizens into a million-dollar and useless expense. “We seek the preservation of an asset that belongs to all Argentines, not just the people of Buenos Aires.”
The Buenos Aires City Environment Sub-Secretariat, currently headed by Natalia Persini, released a statement announcing the confirmation of the precautionary measure and, most importantly, the progress of the construction of the bathrooms will be defined with the approval of the National Commission of Historical Monuments.
“The appellate court, in confirming the precautionary measure, emphasized formal administrative issues,” the official statement reads. “Specifically, He emphasized that the precautionary suspension of the work is not intended to prevent the construction of new bathrooms or the expansion of existing ones, it was only limited to questioning the legal adequacy of that specific work, that is, to regularize the procedure. It is important to highlight that the work is suspended, complying with the order that was already in force since the precautionary order dated September 18, 2023. Since the new administration, we have worked quickly on the presentation to the National Commission of Monuments, Places and Historical Assets, in order to regularize the procedure, evaluate the best location without affecting the cultural and environmental heritage.guaranteeing sufficient and accessible bathrooms in the Botanical Garden that do not violate the right of girls, boys, adolescents and adults to enjoy this space.”
A first meeting with members of the organization has already taken place, at the Botanical Garden. “From both sides we committed to working together from the beginning of the interventions, in order to generate enriching participatory spaces for both institutions. -he continues-. Currently, from the General Directorate of Areas of Conservation and Environmental Restoration, we are waiting for the Commission to be able to analyze the case at its next plenary session. [que fue ayer] and depending on what is agreed, the definitive project to move forward will be determined, complying with the legal requirements required by the judiciary.”
LA NACION was able to confirm this information.We are already reviewing the new projects that were sent regarding the bathrooms and establishing a space for participation to reach a consensus on what will be done from now on.“, the president of the organization, Professor Mónica Capano, told this newspaper.
The “immersive exhibition” Secret Garden, which sparked a controversy between environmental groups, the National Commission of Historical Monuments and the Buenos Aires government for using the Botanical Garden as a setting in July and August 2023, returns to Buenos Aires. This time it will be held at the Palermo Rose Garden, in the Parque 3 de Febrero, from July 1 to 31, starting at 6:30 p.m.
