He businessman Andrés Jorge Lisocki Fryde was pointed out by the National Land Agency (ANT) to appropriate a wasteland of the Nation of more than 600 square meters located within the Rosario Islands National Natural Parkone of the most paradisiacal areas of Colombia and Cartagena.
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What, according to the government institution, would have started as a irregular occupation in 2002 and then mediated by lease contracts with a cost of $220,439, would have resulted in a “take fact“. The case even escalated to State Council through a guardianship action that seeks to stop a judicial decision in favor of the businessman.
Fiesta Island in the Rosario and San Bernardo Islands Archipelago of Cartagena Photo:ANT
According to the lawsuit filed by the ANT before him State Councildocument in the hands of EL TIEMPO, this property would have been used as a source of income through tourism. He businessman categorically assures that this is false.
EL TIEMPO had access to a document sent by Lisocki Fryde’s legal teamand signed by him, in which contradicts each of the ANT’s complaints and clarify the facts.
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About him alleged tourist use of Isla Fiestathe businessman is categorical: “This is false“He maintains that neither he nor his entourage have received income from tourism and emphasizes that”there has never been economic exploitation of the property with tourist purposes of any kind.”
Fiesta Islandprotected by Resolution 4698 of 1984 as inalienable wastelandwas under the control of Lisocki through lease contracts that formally expired on December 3, 2023according to the ANT.
Fiesta Island in the Rosario and San Bernardo Islands Archipelago of Cartagena Photo:ANT
While, compared to the rating of irregular occupanthe points out that since 2006 there have been lease contracts who recognize their “good faith and legitimate confidence“Therefore, he maintains that presenting it as irregular it is a distortion.
Furthermore, the businessman explains that the lease corresponds to “1% of the value of the cadastral appraisal“, based on the legal methodologyand emphasizes that “it is not a price agreed upon discretionally, but rather the strict application of current regulations”.
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Lisocki also disputes in the document the version of late payments. He states that “it is found up to date in the payment of the rental fee to April 2026 cutoff” and clarifies that the differences with the ANT “They are not equivalent to late payment or refusal of payment.”.
According to the State’s complaint, there would be administrative disobedience because Lisocki would have ignored two voluntary surrender requirements in November 2023 and April 2024.
Fiesta Island in the Rosario and San Bernardo Islands Archipelago of Cartagena Photo:ANT
The businessman responds that he has tried to negotiatebut that the entity intends to apply tourist property criteriawhich would not apply because he is emphatic that it is not the use that he and his family have given it. The lack of contract renewalhe says, responds to that discrepancy and “no to a capricious refusal of the tenant.”
The agency presented at the time the decision to take away the property as the recovery of a state property and the defense of public goodsbut Lisocki questions the legality of state action.
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He points out that the alleged improper occupation was “completely and definitively healthy with subsequent contracts” and quotes Bolívar Administrative Courtwhich concluded that “it is not legally possible to support an expulsion in a resolution that was surpassed.” He adds that the performance constitutes a violation of due process.
Precisely, the Bolívar Administrative Court (Decision Room No. 004), with a presentation by Judge Moisés Rodríguez, revoked an initial guardianship ruling that agreed with the Colombian State. The Court ordered the ANT to return the island to Lisocki Fryde within 48 hours, arguing an alleged violation of due process while solving a major litigation of absolute nullity.
Rosario Islands are one of the main tourist attractions in Cartagena. Photo:IStock
Although this decision was questioned by the agency, the businessman highlights that there is a pending lawsuit on the contract. He emphasizes that “has not yet been resolved by justice“, which implies that the controversy is under judicial analysis.
Finally, Lisocki Fryde warns that the State “You cannot ignore the contracts which he himself celebrated” nor adopt actions outside judicial control. He insists that the definition of the case must be given in court and not through “a recovery in fact that dispenses with the ongoing judicial process.”
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Currently, the ANT has in its possession the 600 meters of this property and will be the State Council the fact that define the future of this heavenly good in Cartagena.
Stefanía León Arroyave
Nation – TIME
