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LITIGATION TO PROTECT THE ENVIRONMENT AND HUMAN RIGHTS.
The founding and principal members of FSVSF, inspired by our Executive President, Mariana Almeida, recognise that environment protection and the respect for the basic principles of Human Rights is the corner stone in guaranteeing that our children and their future generations inherit a planet which is safer, healthier and committed to the consolidation of peace and harmony.
Litigation has been an important institutional policy to protect both the environment and the respect for human rights.
LITIGATION IN THE AMAZON RAINFOREST.
- In 1992, Maxus and Andrade Gutierrez illegally entered into the nature reserves protected by the Cofan community and by FSVSF. These corporations altered the natural course of the Aguarico River to extract building materials for access roads to oil wells which they were exploring in the Yasuni National Park. During this process Maxus and Andrade Gutierrez were responsible for massive deforestation in the affected areas.
- With the support of the Cofanes, Secoyas and Sionas, in September 1992, FSVSF sued Maxus and Andrade Gutierrez for ecological damage of the Amazon Rain Forest and for seriously compromising the major sources of income and subsistence of the mentioned communities. Despite orders from the competent legal authorities to close down operations, military intervention was required to implement the law, and the corporations were forced to leave the area in 1999. In 1998 Maxus settled out of court. The case against Andrade Gutierrez remains frozen in the Supreme Court.
- The case filed against Maxus and Andrade Gutierrez constitutes an historic milestone for environment protection in the Ecuadorian Amazon region in that it is the first legal battle, which successfully forced big corporations to respect nature reserves and the human rights of the indigenous communities.
- In 1999, the Hon. Carlos Gonzalez, President of the Congressional anti-Corruption Commission requested FSVSF to investigate the operations of Andrade Gutierrez in the Amazon. Based on the documents and recommendations presented to Congress, in 2002 the Supreme Court found Andrade Gutierrez guilty of numerous irregularities and sentenced the corporation to pay $ 24.3 million in damages.
LITIGATION AGAINST BANK FRAUD.
- In 1999 the Ecuadorian economy fell into a free fall, the national currency, the sucre, depreciated by 70% and the country was on the brink of hyperinflation. In March 2000 the US dollar became the official currency and the external debt of $15 billion was aggravated by a further deficit of $8 billion, a conservative estimate of the financial losses which the banks attributed to depressed markets, etc.
- In 2000, the Hon. Carlos Gonzalez, requested FSVSF to investigate Mr. Nicolas Landes, President of Ceval Holding, Banco Popular International, Banco Popular Miami Agency and Banco Popular of Ecuador, who claimed that his banking entity had lost $ 190 in emerging market investments. Mr. Landes fled Ecuador and over 10 thousand people lost their life’s savings.
- The FSVSF investigation conclusively established that Mr. Landes’ Banking crisis could be attributed exclusively to a fraudulent overstatement in balance sheets and banking books.
- We referred the investigations to Justicia Ahora, justicia@interactive.net.ec legal firm directed by Dr. Victor Hugo Rodriguez, and which via inter-institutional agreements, litigates on behalf of FSVSF.
- Justicia Ahora filed two law suits against Mr. Landes and the Banco Popular Board of Directors for fraud and embezzlement. The 2 nd and 14 th Penal Courts handed down guilty verdicts and presently the Superior Courts are considering the appeals submitted by Mr. Landes.
- FSVSF also referred the cases to the Miami based US law firm Podhurst Orseck Josefsberg Eaton Olin & Perwin P.A. “STEVE C. MARKS” smarks@podhurst.com who presented a Derivative Action suit against Mr. Landes and the Banco Popular.
- To date FSVSF sponsored litigation has enabled the victims of the Landes bank fraud to recover approximately 50% of their savings. Mr. Landes has sought refuge in Panama and Ecuador has initiated extradition proceedings.
LITIGATION TO PROTECT THE HUMAN RIGHTS OF WOMEN & CHILDREN.
THE JANE DAVIES CASE
On September 2002, the Hon. Nick Ainger, British MP www.nickainger.labour.co.uk requested FSVSF to investigate the case of Ms. Jane Davies, a Welsh resident in Ecuador. This case involved very serious allegations of extreme physical and mental violence, kidnapping of children, illegal internment in a mental institution and the illegal application of electro-shocks (ETC).
Testimonies forwarded to the Hon. Ainger, suggest that Mr Federico Angermeyer, holder of dual German and Ecuadorian nationalities, proprietor of the Galapagos Tourist Agency Andando Tours and Ms. Davies’ ex-husband, apparently has a history of severe physical violence and abuse against women and children.
The conclusions of the investigation also suggest that on August 3 rd, 2000, Ms. Davies was apparently forcibly sedated in her residence and illegally interned in the mental clinic Nuestra Señora de Guadalupe, thereby violating the Ecuadorian Health Code and Legal Regulations. Mr. Angermeyer’s employee, Ms. Rosario Mejia, appears to have been responsible for authorising this illegal internment.
On the same August 3 rd, 2000, existing evidence and the conclusions of a report published in Ecuador’s largest Newspaper, El Universo, suggest that Dr. Gonzalo Matovelle forcibly and illegally applied the barbaric and highly questioned electro-convulsive therapy to Ms. Davies. Ms. Rosario Mejia also seems to be involved in authorising this dubious procedure.
The FSVSF investigation also pointed out numerous legal contradictions. In particular we are questioning the motivations behind the 7 th Civil Judge of Pichincha decision to disrespect all judicial procedures and award temporary custody of Noa and Aisha to Mr. Angermeyer. The Judge based his decision on the absurd contention that Ms. Davies does not have family residing in Ecuador and that she does not own a house.
Given these glaring legal contradictions, and on the Hon. Ainger’s request, the Attorney General, Dr. Mariana Yepez, re-opened investigations into Mr. Angermeyer’s apparent criminal behaviour. The District Attorney, Dr. Marlene Armas has formally accused Mr. Angermeyer of kidnapping the children Noa and Aisha Angermeyer-Davies. Since December 2004, this case has gone on trial in the 14 th Penal Circuit Court of Pichincha.
The investigations into the illegal internment and application of ECT, involving Mr. Angermeyer, Dr. Gonzalo Matovelle and Ms. Rosario Mejia, are still in progress, and based on the existing evidence, we would be more than surprised if the District Attorney does not place formal charges in the very near future.
In an effort to reunite Ms. Davies with her children, a basic right of every Mother and which Mr. Angermeyer has denied since February 3 rd, 2002, FSVSF has referred these cases to Justicia Ahora and to Ecuador’s Political Co-ordinator of Women.
FSVSF wishes to remind all concerned parties that Human Rights are an international issue and concern. Similarly, the protection of Human Rights is the responsibility of the international community. Consequently the concepts “non intervention in the internal affairs of a country” or “sovereignty of the state” do not constitute legal restrictions for the implementation of existing and binding Universal Legislation designed to safeguard such Rights. Under the United Nations Universal Declaration of Human Rights both Ecuador and Great Britain have ratified that joint international efforts are required to ensure that such Rights and Principles be upheld and respected.
- If you require an in depth analysis of the Jane Davies Case please request the Hon. Ainger ainger@parliament.uk to authorise us to send you the required information.
- Ms. Davies is requesting and needs your help. If you wish to ensure Justice for Jane, Noa and Aisha and the respect for their human rights, Jane is asking you to consider sending the following petitions to the President of the Republic of Ecuador, The President of the Ecuadorian Supreme Court, The Ecuadorian Attorney General and the Procurator of the State.
If you choose to help Jane and send a petition you will be sending your petition to the President of the Republic of Ecuador, The President of the Ecuadorian Supreme Court, The Ecuadorian Attorney General and the Procurator of the State. The petitions will be sent to their public e-mail addresses which are publicated in the Ecuadorian Governemnt web site. The petitions will be sent in spanish. Under this text you may read an english vershion of the petitions.
PETITION FORM
PETITION LETTERS:
Ing. Lucio Gutierez
Constitutional President of the Republic of Ecuador
karina.giler@presidencia.gov.ec
Dear Mr. President,
You have previously received information concerning the Ms. Jane Davies case from the Hon. Nick Ainger M.P. (member of the British Parliament).
Independent Investigations clearly suggest the following:
- During her marriage with Mr. Angermeyer, Ms. Davies, a Welsh citizen residing in Ecuador, was the victim of extreme physical and mental abuse. This situation led Ms. Davies to file for divorce. I understand that Mr. Angermeyer has a documented and repetitive history of violence towards women and children.
- On August 3 rd 2000, Mr. Angermeyer, a holder of dual German and Ecuadorian nationalities, and Ms. Rosario Mejia apparently illegally and against her will, interned Ms. Davies in the mental clinic Nuestra Señora de Guadalupe.
- On August 3 rd 2000, Dr. Gonzalo Matovelle illegally, and apparently under instruction of Mr. Angermeyer, forcibly applied the barbaric procedure of electroconvulsive therapy (ECT) to Ms. Davies.
- It would appear that these abominable events were caused by Mr. Angermeyer’s refusal to respect Ms. Daveis’ financial rights to the economic divisions established during their divorce.
- In between December 2001 and February 2002 Mr. Angermeyer attempted to have Ms. Davies interned against her will in a mental clinic for a second time. Mr. Angermeyer’s motives could be related to his refusal to comply with acquired financial obligations and to revoke the custody of her children Noa and Aisha which had previously been awarded to Ms. Davies by the third civil judge of Pichincha. I understand that Mr. Angermeyer criminal actions are driven by economic motives and not by his concern for the well being of his children.
- On February 3 rd 2002 Mr. Angermeyer kidnapped the children.
- Forensic Psychiatrists of the Ecuadorian state, the only legal authority authorised to determine the mental competence of a person , and recognised private physiatrists have established that Ms. Davies does not suffer from any type of mental disorder and that she is perfectly capable of taking proper care of her children. This proves the illegalities committed by Mr. Angermeyer.
- On January 2003 the 7 th civil judge makes legal history by awarding temporary custody of Noa and Aisha to Mr. Angermeyer arguing the absurdity that Ms. Davies does not own a house or has family in Ecuador! Since when is this a rational legal justification to tear children away from her mother?
- The district attorney Dr. Marlene Armas has formally charged Mr. Angermeyer with the kidnapping of Ms. Davies’ children. On January 3 rd 2005 this case is going on trial in front of the 14 th penal judge of Pichincha. I sincerely hope that this trial will put and end to the flagrant injustice committed against Ms. Davies and that Mr. Angermeyer is made to pay for his criminal acts under the full force of the law. Furthermore I hope that the 14 th penal judge of Pichincha will not follow the footsteps of the 7 th Civil judge of Pichincha and the legal absurdities committed by him.
Mr. President, the human rights of Ms. Davies have been abused in contravention of the Universal Declaration ratified by the Ecuadorian State. Ms. Davies has not been allowed to see her children for over two and a half years now, whereby the universal right of a mother has been violated. Furthermore, the British Embassy in Quito, which is the official and invaluable mediator in this case, has been informed by Mr. Angermeyer’s representative, Ms. Georgina Martens de Cruz, that Ms. Davies will not be permitted to see her children this Christmas. Jane has not seen or spent the last three Christmas seasons with her children. Mr. President, I ask you: As a father, how does this make you feel?
Could you please do all that is in your power to ensure that Ms. Davies receives justice and full custody of her children under the Ecuadorian legal system. Failure to do so will prove to the international community that Ms. Davies is being denied justice by the Ecuadorian State; a problem which will have to be resolved in the international courts.
I thank you for all your efforts.
Dr. Mariana Yepez
Attorney General of Ecuador
fiscalia@uio.satnet.net
Dear Dr. Yepez,
I would like to thank you for you invaluable support in reopening the investigations into the Ms. Jane Davies case. Specifically the investigations into the kidnapping of Noa and Aisha on February 3 rd 2002 and the attempted murder of Ms. Davies on August 3 rd 2000.
From the independent investigations requested by the honourable Nick Anger M.P. I understand the situation to be the following:
- During her marriage with Mr. Angermeyer, Ms. Davies, a Welsh citizen residing in Ecuador, was the victim of extreme physical and mental abuse. This situation led Ms. Davies to file for divorce. I understand that M. Angermeyer has documented and repetitive history of violence towards women and children.
- On August 3 rd 2000, Mr. Angermeyer, a holder of dual German and Ecuadorian nationalities, and Ms. Rosario Mejia apparently illegally and against her will, interned Ms. Davies in the mental clinic Nuestra Señora de Guadalupe.
- On August 3 rd 2000, Dr. Gonzalo Matovelle illegally, and apparently under instruction of Mr. Angermeyer, forcibly applied the barbaric procedure of electroconvulsive therapy (ECT) to Ms. Davies.
- It would appear that these abominable events were caused by Mr. Angermeyer’s refusal to respect Ms. Daveis’ financial rights to the economic divisions established during their divorce.
- In between December 2001 and February 2002 Mr. Angermeyer attempted to have Ms. Davies interned against her will in a mental clinic for a second time. Mr. Angermeyer’s motives could be related to his refusal to comply with acquired financial obligations and to revoke the custody of her children Noa and Aisha which had previously been awarded to Ms. Davies by the third civil judge of Pichincha. I understand that Mr. Angermeyer’s criminal actions are driven by economic motives and not by his concern for the well being of his children.
- On February 3 rd 2002 apparently Mr. Angermeyer kidnapped the children.
- Forensic Psychiatrists of the Ecuadorian state, the only legal authority authorised to determine the mental competence of a person, and recognised private physiatrists have established that Ms. Davies does not suffer from any type of mental disorder and that she is perfectly capable or taking proper care of her children. This proves the illegalities committed by Mr. Angermeyer.
- On January 2003 the 7 th civil judge makes legal history by awarding temporary custody of Noa and Aisha to Mr. Angermeyer arguing the absurdity that Ms. Davies does not own a house or has family in Ecuador! Since when is this a rational legal justification to tear children away from her mother?
- The district attorney Dr. Marlene Armas has formally charged Mr. Angermeyer with the kidnapping of Ms. Davies’ children. On January 3 rd 2005 this case is going on trial in front of the 14 th penal judge of Pichincha. I sincerely hope that this trial will put and end to the flagrant injustice committed against Ms. Davies and that Mr. Angermeyer is made to pay for his criminal acts under the full force of the law. Furthermore I hope that the 14 th penal judge of Pichincha will not follow the footsteps of the 7 th civil judge of Pichincha and the legal absurdities committed by him.
Dr. Yepez, the human rights of Ms. Davies have been abused in contravention of the Universal Declaration ratified by the Ecuadorian State. Ms. Davies has not been allowed to see her children for over two and a half years now, whereby the Universal Right of a mother has been violated. Furthermore, the British Embassy in Quito, which is the official and invaluable mediator in this case, has been informed by Mr. Angermeyer’s representative, Ms. Georgina Martens de Cruz, that Ms. Davies will not be permitted to see her children this Christmas. Jane has not seen or spent the last three Christmas seasons with her children. Dr. Yepes, I ask you: As a woman, how does this make you feel?
Could you please do all what is in you power to ensure that Ms. Davies receives justice and full custody of her children under the Ecuadorian legal system. The failure to do so will prove to the international community that Ms. Davies is being negated justice by the Ecuadorian State; a problem which will have to be resolved in the international courts.
I thank you for all your efforts.
Mr. Ramon Rodríguez
President of the Supreme Court
presidenciacsj@cortesuprema.gov.ec
Dear Mr. President of the Supreme Court,
The former Presidents of the Supreme Court, Dr. Armando Bermeo and Dr. Hugo Quintana Coello, received information concerning the Ms. Jane Davies case from the Hon. Nick Ainger M.P. (member of the British Parliament).
Independent Investigations clearly suggest the following:
- During her marriage with Mr. Angermeyer, Ms. Davies, a Welsh citizen residing in Ecuador, was the victim of extreme physical and mental abuse. This situation led Ms. Davies to file for divorce. I understand that Mr. Angermeyer has a documented and repetitive history of violence towards women and children.
- On August 3 rd 2000, Mr. Angermeyer, a holder of dual German and Ecuadorian nationalities, and Ms. Rosario Mejia apparently illegally and against her will, interned Ms. Davies in the mental clinic Nuestra Señora de Guadalupe.
- On August 3 rd 2000, Dr. Gonzalo Matovelle illegally, and apparently under instruction of Mr. Angermeyer, forcibly applied the barbaric procedure of electroconvulsive therapy (ECT) to Ms. Davies.
- It would appear that these abominable events were caused by Mr. Angermeyer’s refusal to respect Ms. Daveis’ financial rights to the economic divisions established during their divorce.
- In between December 2001 and February 2002 Mr. Angermeyer attempted to have Ms. Davies interned against her will in a mental clinic for a second time. Mr. Angermeyer’s motives could be related to his refusal to comply with acquired financial obligations and to revoke the custody of her children Noa and Aisha which had previously been awarded to Ms. Davies by the third civil judge of Pichincha. I understand that Mr. Angermeyer criminal actions are driven by economic motives and not by his concern for the well being of his children.
- On February 3 rd 2002 Mr. Angermeyer kidnapped the children.
- Forensic Psychiatrists of the Ecuadorian state, the only legal authority authorised to determine the mental competence of a person , and recognised private physiatrists have established that Ms. Davies does not suffer from any type of mental disorder and that she is perfectly capable of taking proper care of her children. This proves the illegalities committed by Mr. Angermeyer.
- On January 2003 the 7 th civil judge makes legal history by awarding temporary custody of Noa and Aisha to Mr. Angermeyer arguing the absurdity that Ms. Davies does not own a house or has family in Ecuador! Since when is this a rational legal justification to tear children away from her mother?
- The district attorney Dr. Marlene Armas has formally charged Mr. Angermeyer with the kidnapping of Ms. Davies’ children. On January 3 rd 2005 this case is going on trial in front of the 14 th penal judge of Pichincha. I sincerely hope that this trial will put and end to the flagrant injustice committed against Ms. Davies and that Mr. Angermeyer is made to pay for his criminal acts under the full force of the law. Furthermore I hope that the 14 th penal judge of Pichincha will not follow the footsteps of the 7 th Civil judge of Pichincha and the legal absurdities committed by him.
Mr. President of the Supreme Court, the human rights of Ms. Davies have been abused in contravention of the Universal Declaration ratified by the Ecuadorian State. Ms. Davies has not been allowed to see her children for over two and a half years now, whereby the universal right of a mother has been violated. Furthermore, the British Embassy in Quito, which is the official and invaluable mediator in this case, has been informed by Mr. Angermeyer’s representative, Ms. Georgina Martens de Cruz, that Ms. Davies will not be permitted to see her children this Christmas. Jane has not seen or spent the last three Christmas seasons with her children. Mr. President of the Supreme Court, I ask you: As a father, how does this make you feel?
Could you please do all that is in your power to ensure that Ms. Davies receives justice and full custody of her children under the Ecuadorian legal system. Failure to do so will prove to the international community that Ms. Davies is being denied justice by the Ecuadorian State; a problem which will have to be resolved in the international courts.
I thank you for all your efforts.
Dr. José María Borja Gallegos
Procurator General of the State
contralor@contraloria.gov.ec
Dear Mr. Procurator General of the State,
The former Presidents of the Supreme Court, Dr. Armando Bermeo and Dr. Hugo Quintana Coello, received information concerning the Ms. Jane Davies case from the Hon. Nick Ainger M.P. (member of the British Parliament).
Independent Investigations clearly suggest the following:
- During her marriage with Mr. Angermeyer, Ms. Davies, a Welsh citizen residing in Ecuador, was the victim of extreme physical and mental abuse. This situation led Ms. Davies to file for divorce. I understand that Mr. Angermeyer has a documented and repetitive history of violence towards women and children.
- On August 3 rd 2000, Mr. Angermeyer, a holder of dual German and Ecuadorian nationalities, and Ms. Rosario Mejia apparently illegally and against her will, interned Ms. Davies in the mental clinic Nuestra Señora de Guadalupe.
- On August 3 rd 2000, Dr. Gonzalo Matovelle illegally, and apparently under instruction of Mr. Angermeyer, forcibly applied the barbaric procedure of electroconvulsive therapy (ECT) to Ms. Davies.
- It would appear that these abominable events were caused by Mr. Angermeyer’s refusal to respect Ms. Daveis’ financial rights to the economic divisions established during their divorce.
- In between December 2001 and February 2002 Mr. Angermeyer attempted to have Ms. Davies interned against her will in a mental clinic for a second time. Mr. Angermeyer’s motives could be related to his refusal to comply with acquired financial obligations and to revoke the custody of her children Noa and Aisha which had previously been awarded to Ms. Davies by the third civil judge of Pichincha. I understand that Mr. Angermeyer criminal actions are driven by economic motives and not by his concern for the well being of his children.
- On February 3 rd 2002 Mr. Angermeyer kidnapped the children.
- Forensic Psychiatrists of the Ecuadorian state, the only legal authority authorised to determine the mental competence of a person , and recognised private physiatrists have established that Ms. Davies does not suffer from any type of mental disorder and that she is perfectly capable of taking proper care of her children. This proves the illegalities committed by Mr. Angermeyer.
- On January 2003 the 7 th civil judge makes legal history by awarding temporary custody of Noa and Aisha to Mr. Angermeyer arguing the absurdity that Ms. Davies does not own a house or has family in Ecuador! Since when is this a rational legal justification to tear children away from her mother?
- The district attorney Dr. Marlene Armas has formally charged Mr. Angermeyer with the kidnapping of Ms. Davies’ children. On January 3 rd 2005 this case is going on trial in front of the 14 th penal judge of Pichincha. I sincerely hope that this trial will put and end to the flagrant injustice committed against Ms. Davies and that Mr. Angermeyer is made to pay for his criminal acts under the full force of the law. Furthermore I hope that the 14 th penal judge of Pichincha will not follow the footsteps of the 7 th Civil judge of Pichincha and the legal absurdities committed by him.
Mr. Procurator, the human rights of Ms. Davies have been abused in contravention of the Universal Declaration ratified by the Ecuadorian State. Ms. Davies has not been allowed to see her children for over two and a half years now, whereby the universal right of a mother has been violated. Furthermore, the British Embassy in Quito, which is the official and invaluable mediator in this case, has been informed by Mr. Angermeyer’s representative, Ms. Georgina Martens de Cruz, that Ms. Davies will not be permitted to see her children this Christmas. Jane has not seen or spent the last three Christmas seasons with her children. Mr. Procurator, I ask you: As a father, how does this make you feel?
Could you please do all that is in your power to ensure that Ms. Davies receives justice and full custody of her children under the Ecuadorian legal system. Failure to do so will prove to the international community that Ms. Davies is being denied justice by the Ecuadorian State; a problem which will have to be resolved in the international courts.
I thank you for all your efforts.
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