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Court Disagreement with Government in FPNA Case Leads to Recusal Request Against Judge

by | Apr 16, 2024

In a recent legal development, the judiciary found itself at odds with the government of Aruba, resulting in a recusal request against a sitting judge. The matter arose during proceedings involving the Aruba National Park Foundation (FPNA) and the government, as well as Isla di Oro.

The contentious issue unfolded when, during a summary case hearing on April 5th, the government verbally recused the judge. This action prompted the judge to provide a written response on April 8th, expressing disagreement with the recusal request. However, the recusal chamber, responsible for evaluating such requests, ultimately found no grounds for the recusal.

During the proceedings, representatives from FPNA and other involved parties, including J.O.B. Holding & Management V.B.A., were present. The recusal petition was considered by the chamber, despite the absence of the recused judge.

The crux of the disagreement stemmed from the judge’s assertion of multiple instances where the government allegedly acted contrary to the law. This led to a questioning of the necessity of imposing orders on the government during legal proceedings.

In response, the recusal chamber concluded that there was no evidence of impartiality lacking on the part of the judge. Moreover, it was noted that adherence to the law by the government and its departments would render baseless any objections or appeals against government actions—a situation not reflective of reality.

The legal dispute coincided with a case involving FPNA and various other foundations against the government and Isla di Oro. The petitioners sought to prevent the extension of lease rights set to expire in 2026 or the granting of similar permissions to Isla di Oro.

Of note, Isla di Oro’s owner, Osyth Henriquez of Aruba Ocean Villas, expressed intentions not to develop the island into a hotel but to preserve its natural state for activities such as meditation and yoga.

With the recusal request denied, the legal proceedings are set to continue under the guidance of the same judge, with further developments expected in the near future.

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