GARDEL AND DNA - According to Dr. Nelson Sica Dell 'Isola - President of the Academy of Tango in Uruguay
GARDEL AND DNA
Thursday, June 5, 2008
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My position on the possibility of conducting DNA testing to solve scientific support, the nationality of our greatest singer, is not new. And as I explained in a note published in Journal "Changes" Florida on May 27, 2003, in weekly "News and Sports" of Sydney two days later, and in June 2003 in Magazine Affiliates Association of Pension Fund of University Professionals.
by Florida Congressman Don Arturo Heber Fullgraff in April 2007, there updated, a project of Agape representative Palomeque 1999. By which requested a "minutes of communication," for the remains of Thrush, were compared with their presumed ancestors, to determine their parentage. What would the Ministry of Public Health, and consent of the Administration of Tacuarembó. For which the Ministry of Foreign Affairs, should manage the authorization of the Argentine Government .-
I still think the same, but not really agree with the action to be taken and referred to the competition there. Considering that the "French position" not have this form of due process, could ensure that only in proceedings before courts. -
So I think right for the Centre for Studies Gardel, Buenos Aires, has requested this study to the Justice Argentina, which is the competent, as is the location of the remains belong to Gardel. request which failed, having been badly formulated . I'm not saying bad faith, but in a theoretical wrong. Since there was no doubt said that Gardel was French, so the Court said that if so, it was unnecessary to study, and did not place the order. -
is, be argued that both Justice Argentina and the Uruguayan, I had resolved in inheritance proceedings brought before the two countries. Forgetting that decisions on voluntary jurisdiction "does not cause the state", ie
not have the force of res judicata .-
As the Master COUTURE (legal jargon, pag.371 , Ed Depalma Bs.As.1983: "As opposed to compulsory jurisdiction, it is said some procedures improperly unilateral completed before the judges, in order to determine truly certain legal situations or meet certain requirements imposed by law by statements that do not become res judicata and can not cause harm to others ".-
and expanding the concept to the Master says: " ... does not pass the authority of res judicata, always allow your See judicial review "( Fundamentals of Civil Litigation, pag. 51, Depalma Bs.As.1988 Ed.) .- It is also clear
PROFESSOR ENRIQUE Dr. Tariq, when he says: " peacefully that is supported resolution issued at the culmination of a voluntary process does not happen in res judicata and that res judicata is a unique attribute of sentences " (The process of succession, pag. 11, Centre estudianates Law, Mdeo.1967). -
For these reasons, a number of ways, from Buenos Aires, was asked to institutions and people of Uruguay, a new order, in jointly by representatives of the two positions at stake .-
And in that time we gathered in the writer's desk Payseé Dr. Eduardo González, being present: the Dr.Carlos Arezo, Foundation President Carlos Gardel, the Esc Freddy González Araujo, President of Fundación Julio Sosa, the poet and researcher in Argentina, Ms. Martina Iñiguez who first brought the application, and the writer, President of the Academy of Tango of the shield Uruguay. None of them demurred at study of DNA, rather, the request is answered yes, and even appointed a lawyer from Buenos Aires, Dr. Radames Marini, so he could take over the running of it in court, reported, examining the file, in hearings .... It even got to have a meeting with Dr. Carlos Perrotta. In short, it would give that professional quality legally represent, all that we had acceded to the request.
But this representative of ours has no chance to act, until there is an open file and can access it .-
And in that time we gathered in the writer's desk Payseé Dr. Eduardo González, being present: the Dr.Carlos Arezo, Foundation President Carlos Gardel, the Esc Freddy González Araujo, President of Fundación Julio Sosa, the poet and researcher in Argentina, Ms. Martina Iñiguez who first brought the application, and the writer, President of the Academy of Tango of the shield Uruguay. None of them demurred at study of DNA, rather, the request is answered yes, and even appointed a lawyer from Buenos Aires, Dr. Radames Marini, so he could take over the running of it in court, reported, examining the file, in hearings .... It even got to have a meeting with Dr. Carlos Perrotta. In short, it would give that professional quality legally represent, all that we had acceded to the request.
But this representative of ours has no chance to act, until there is an open file and can access it .-
is clear then, that no obstacle we have examination, and rather, we are willing to support the request, which can not be exclusively ours. And always hoping that we send the draft letter to sign, we will sign, with the exceptions that may apply according to its text, but never to oppose. But asking for guarantees for both parties.
But the letter that we were ready to sign, it was never sent by those who had proposed. And also said that in case of only the pro-French position, we requested and we report Court File Number, to appear we, as a third party, or co-actor .-
Even established contact with Professor Guido Berro Rovira, who would act as an advisor to us .-
Now and again the initiative of Buenos Aires, is talking about another idea: send a letter to the Uruguayan Government to boost the idea that politically, it is said that it is legally impossible .-
We do not consider the possibility can not insist that the Argentine judiciary, in a joint order. Would be other applicants, with new foundations, and would not give resolved the issue that was what caused the previous denial ...
A letter to Dr.Tabaré Vazquez as suggested, would be ineffective, because the Uruguayan government has already taken position, and he did it twice: first when enacted Law No. 16,742 of May 2, 1996, declaring June 24 as the "Day of Carlos Gardel" also provides that "the main events memorials be made in Tacuarembó." - And later, when the passed another law No. 17536 of August 13, 2002, which declared the same day, as "Day of National Cantor." I think Tacuarembó reference is not something haphazard .- Even
should be noted that upon completion 70 years after the disappearance of the Magician, a postage stamp was issued by the Official Correol Uruguayao, referred to as the Gardel "Tacuarembó immortal." -
should be noted that upon completion 70 years after the disappearance of the Magician, a postage stamp was issued by the Official Correol Uruguayao, referred to as the Gardel "Tacuarembó immortal." -
should also ask: Why not Vázquez and Cristina Fernández? Why the Government of Uruguay and not Argentina? Did not notice any, that an administrative decision may result in a trial before the International Court in The Hague, which has other things to worry about?
I think it would be more effective the application, the Argentine government, since that authority has not taken position on the issue, so much so that the Portal of Ministry Education Argentine says "there are two theories about the birth" the Wizard. -
I think it would be more effective the application, the Argentine government, since that authority has not taken position on the issue, so much so that the Portal of Ministry Education Argentine says "there are two theories about the birth" the Wizard. -
So we feel that the courts should be preferred, which is the only providing guarantees to both parties to know the truth. -
If ultimately, following implementation of the joint request would have to resolve in previous form, to determine with certainty whether the remains are buried in La Chacarita, are those of Gardel, which does not seem very safe. As a speaker told Argentina's Santa Fe, Dr. Juan Carlos Bieler, in a talk titled: "Simulation and silence, the red herrings" .-
But admitting temporarily yes, those in the mausoleum are the remains of the singer, one wonders if these charred remains, allowed the examination .- What we believe possible, as if preserved, though charred, the passport which claims to be Uruguayan, born in Tacuarembó, son of Charles and Mary, a fortiori they must have been sufficient to enable the analysis, especially teeth, and probably many pieces of bone. All of which should solve the technical hurdle .-
Nor is the time. Because for example the remains of the Russian tsars shot in 1918, found buried in soil, were collated in 1994, with the study of the Duke of Edinburgh, husband of Queen Elizabeth, related to the Russian imperial family. Not to mention the mummy who came from France, belonging to the Uruguayan Vaimaca Piru, which was compared with his two phalanges, which were stored in Paysandu, leading to the conclusion on the authenticity of those remains .-
If ultimately, following implementation of the joint request would have to resolve in previous form, to determine with certainty whether the remains are buried in La Chacarita, are those of Gardel, which does not seem very safe. As a speaker told Argentina's Santa Fe, Dr. Juan Carlos Bieler, in a talk titled: "Simulation and silence, the red herrings" .-
But admitting temporarily yes, those in the mausoleum are the remains of the singer, one wonders if these charred remains, allowed the examination .- What we believe possible, as if preserved, though charred, the passport which claims to be Uruguayan, born in Tacuarembó, son of Charles and Mary, a fortiori they must have been sufficient to enable the analysis, especially teeth, and probably many pieces of bone. All of which should solve the technical hurdle .-
Nor is the time. Because for example the remains of the Russian tsars shot in 1918, found buried in soil, were collated in 1994, with the study of the Duke of Edinburgh, husband of Queen Elizabeth, related to the Russian imperial family. Not to mention the mummy who came from France, belonging to the Uruguayan Vaimaca Piru, which was compared with his two phalanges, which were stored in Paysandu, leading to the conclusion on the authenticity of those remains .-
However, if possible to know with certainty that these remains are of Gardel, and that what has been allowing the examination, we are yes for testing .- But this should be surrounded by sufficient guarantees to those who hold a theory or another .-
Such guarantees for both parties, would be first in the choice and extraction of samples to be analyzed, with the comparison should be done with traces of plaster found family in the Cemetery of Tacuarembó, even family members still living, and also with the remains of Dona Berta Gardes .- And the review should be conducted by a group of specialists representing the two opposing view, the only way in which compliance could be achieved for all. So it should be a triplet, consisting of a Uruguayan, Argentine, (or French) and an impartial third party who is supposed that might be of some of the most advanced country in terms of DNA. -
If all these conditions, for our part accept the result. Whether born in Uruguay report, which is not to deny the country artistic idol is undoubtedly Argentina. And if it transpires that the son of Berta Gardes was born in France, fall Uruguayan nationality, and Argentina's , since the latter would have managed, based on fraudulent behavior, using false documents, so that the nationalization of Argentina, would be a nonexistent legal act, or at least affected and void. -
Dr. NELSON SICA Dell'Isola
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