ARA Santísima Trinidad: they ratified the precautionary that prohibits selling as scrap the destroyer from the landing in Malvinas

The ship ARA Santísima Trinidad, after sinking at the dock of the Puerto Belgrano Naval Base in 2013 due to lack of maintenance

Chamber II of the Federal Chamber of Bahía Blanca ratified the terms of the precautionary measure issued by the federal judge of first instance Walter López Da Silva last September that prevented any measure related to the final destination of the destroyer “Santísima Trinidad” to which resolve in a lawsuit that addresses its impact on the cultural heritage of the Nation or its sale as scrap metal as intended by the National Executive Power.

The amparo action had been filed by the civilian Jorge Oliver after on December 17, 2020, through decree number 1017/20, President Alberto Fernández ordered the “Sale as scrap” of the Argentine Navy destroyer “Santísima Trinidad” . The ship that the president tried to disaffect is nothing more and nothing less than the one that led the landing of the Argentine troops that recovered the Falkland Islands on April 2, 1982.

Arturo Puricelli walking on the hull of Santísima Trinidad after the ship sank due to lack of maintenance during his tenure as Minister of Defense
Arturo Puricelli walking on the hull of Santísima Trinidad after the ship sank due to lack of maintenance during his tenure as Minister of Defense

Although the lawyers of the National State remarked before the court the risk that the maintenance of the naval unit afloat entails, the factual and pecuniary impossibility of facing its repair and the lack of technical and monetary resources that the November 20 foundation would have to do it. charge of the ship, the chambermaids had a different criterion.

The nature of measures such as the one requested does not require an examination of certainty about the existence of the right sought, rather, only the smoke claims since the truth judgment in this matter is in opposition to the purpose of the precautionary institute”. The appointment chosen by the chambermaids corresponds to a ruling of the Supreme Court of Justice of the Nation taken as jurisprudence and in which it is stated that a precautionary measure does not intend to resolve the substantive issue.

The magistrates also emphasized the indisputable nature of the participation of the ship in the war in the Malvinas Islands, indicating that this fact alone makes the ship susceptible to being classified as cultural heritage of the nation under the terms of law 25197 .

It also draws the attention of the court that the Government itself states that “the realization of the alienation of the naval unit was delayed since there were multiple negotiations with municipal authorities of different communes in order to turn it into a museum ship, without the same they will prosper ”. This is interpreted by the judges as a clear demonstration that even the state prefers to transform the ship into a museum rather than scrap.

It was also expressly stated in the judgments of the ruling the predisposition of the Ministry of Culture of the Nation through the National Commission of Monuments and Museums to include the emblematic ship within the national cultural heritage.

Background

The ship “Santísima Trinidad” regained notoriety after the war, when in 2013 under the management of former Defense Minister Arturo Puricelli it sank in the naval base of Puerto Belgrano due to lack of budget for its adequate maintenance.

After that event and despite its refloating, the Argentine Navy ruled that the ship was unrecoverable and that even moving it in tow to the high seas to be sunk with honors was risky because it could cause its shipwreck in the access channel to the port. commercial area of ​​Bahía Blanca blocking merchant traffic in its entirety.

Former Minister Puricelli with Rear Admiral Graf in Puerto Belgrano.  The then official attributed the incident to a terrorist act.  But in reality it was a simple inlet of water in his engine room
Former Minister Puricelli with Rear Admiral Graf in Puerto Belgrano. The then official attributed the incident to a terrorist act. But in reality it was a simple inlet of water in his engine room

Despite the technical considerations – shared by civil naval experts-, the advance of the presidential decision ignoring the claim of the War Veterans, prompted a group of these led by Jorge Oliver to file an appeal for protection which finally fell on the Bahia Blanca federal court in charge of Dr. Walter López Da Silva who immediately gave rise to the requested action.

Oliver’s judicial complaint aimed not only at not destroying the emblematic ship but also at the fact that it be placed under the guardianship and custody of the “November 20 Foundation” in accordance with the provisions of law 25,197 (Cultural Heritage Regime )

Although Oliver did not pronounce himself in this regard, he ordered the Ministry of Defense to preserve the ship until the merits of the matter are resolved “in order to avoid damage to the Argentine cultural and historical heritage.”

The ship ARA Santísima Trinidad was a class 42 missile destroyer, its design is twin to the English ship Sheffield sunk in Malvinas by Argentine aviation
The ship ARA Santísima Trinidad was a class 42 missile destroyer, its design is twin to the English ship Sheffield sunk in Malvinas by Argentine aviation

Sources consulted by Infobae affirmed that the ruling caused satisfaction in all the organizations related to the Malvinas deed and that they trust that finally President Alberto Fernández will desist from his intention to sell and grant the necessary budget item to put the “Santísima” in value and transform it into a Malvinero museum.

“Surely the PEN will find a way to allocate resources although later an entrance fee must be charged to pay for the maintenance of the museum,” they point out from the Federation of War Veterans.

KEEP READING

The Government put up for sale the destroyer that led the landing in the Falkland Islands in 1982
A judge stopped the decree of Alberto Fernández that ordered the sale as scrap metal of the destroyer that acted in the landing in Malvinas



Reference-www.infobae.com

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