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A Judge Has Opened The
Way Against High Tension
The Newspaper of Cataluña
(Original publication date: 6-26-00)
7-19-00
 
 
 
 
A judgement has been issued stating that waves of tansformers can be harmful. The judgement is the first in Europe, against controversial electromagnetism. Iberdrola, the company charged, has to compensate a family that lived above their equipment.
 
A judge in Murcia has ruled, for the first time in Europe, that electrical transformers, the typical distribution installations that are used in all towns and cities, and which are often marked with warning labels of DANGER, or HIGHT TENSION, in the first floor of buildings, produce electromagnetic pollution; and that this can be harmful to health.
 
Iberdrola, which is the owner of the installation that the rulling concerned, must adopt precise measures in order that the electromagnetic fields, generated by the transformer, in the first floor of the complainants´building, do not invade nearby residences.
 
Francisco Hernández, the plaintiff, measures electropollution on his affected floor.
 
The controversial judgement, given when there are still scientific doubts, is a significant precedent for all the associations and individuals that have long been protesting the proximity of power lines, towers, transformers and cellphone repeating stations. All this is electromagnetic pollution.
 
José Luis Mazón, the lawyer for the affected family, knows several cases that soon will follow the same legal steps. The judgement is revolutionary.
 
The judgement will be appealed by Iberdrola "because it is not clear that the transformer is harmful", according to its lawyers. There are three possible solutions: 1. To remove the installation 2. Install adequate isolation (this is not always easy) 3. To reimburse the value of the houses of the affected families.
 
The head of the Juzgado de Primera Instancia #6 (Tribunal of the First Instance #6) of Murcia, José Moreno, has resolved that citizens have the right to live in a healthy habitat, free of electromagnetic pollution.
 
Mazón says that Iberdrola will have to reimburse the affected family with 600.000 pesetas.
 
LOSS OF REAL ESTATE VALUE
 
No process of this type had succeeded in Europe and the only similar judgements given out in USA were because of other reason. It was demonstrated that an electrical installation reduced the real estate value of the residences near the installation. Science does not discuss electromagnetic fields , which are easily measurable, but its harmful effects, and if these effects were established, we would know the distance at which these fields should be prohibited.
 
Some of the most respected studies are not conclusive, but they admit as in the case of the mobile telephones, that it is necessary to be prudent.
 
The plaintiffs in Murcia, Francisco Hernández and María Teresa G. G. had to abandon their floor (flat) 3 years ago, because of the constant problems with the electromagnetic fields "night and day", Mazón says. The lawyer explains that ignorance has been a problem in the investigation. "Here, nobody knew anything. It was very difficult to make expert measurements that demonstrated the contamination of the housing":
 
He had to visit a professor at the University of Murcia, Javier Abellán. Then, the judge had to consider the limited literature on the subject, especially the studies of professor José Luis Bardasano of the University of Alacalá de Henares, "which indicate, says Mazón, that more than 0.3 microteslas (units of electromagnetic intensity) is harmful to health.
 
The judgement affirms that "you can not determine the existence of physical damage caused by these fields and that the judgement do not want to give alarming news", but it recognizes the right of citizens to enjoy housing free of electrocontamination. ==========
 
SOME 150,000 FAMILIES LIVE NEAR AN INSTALLATION
 
No one knows exactly how many electric transformer nor telephone antennas there are in urban zones in Spain. Carlos M. Requejo, environmental consultant and member of the GEA association, attributes it to strategic reasons of businesses not to facilitate the location, because they are afraid of attacks.
 
Some studies have covered areas and neighborhoods, transformer by transformer and it has been calculated that some 150,000 families live near one.
 
The installation of transformers has improved in the last years, the expert admits. For example, he explains, the new ones from Endesa are insulated or they are well located, but the problem is with the old ones that should be progressively upgraded.
 
And there is another problem: the elctric lines under the sidewalks, only a few centimeters under our feet, that can be more dangerous than the aerial ones
 
TO LIVE WITH IT
 
The plaintiffs had to live with the electric installation under their feet. (Barcelona)
 
Shaking hands, continuous colds, inexplicable allergies, and many headaches occurred during the nine years that the Hernández lived in their house in the center of Murcia.
 
Whenever they left for the weekend or for vacations their health situation suddenly improved or their symptoms even disappeared. "We lived with it" as they define it, although, then "we did not have information on radiations, fields or electromagnetic waves. And the worst thing is that we did not have any idea that there was a transformer under our floor." Francisco Hernández the father of the family explains.
 
For this reason, it took a lot of time to realize that the symptoms were caused by something concrete.
 
The house -all the rooms except for the dinning room- are located exactly above the transformer of Iberdrola. "It is as if we lived with a television embedded in our waist and turned on permanently", he explains.
 
The suspicious began because of a water leak. They discovered the transformer under their feet. "Some technicians came and they told us of the situation", he adds. The problems finally disappeared when three years ago, the Hernández decided to move. An exhausting job began then, which took them through all the offices of competent authorities and all the field laboratories, but their firmness has borne its fruit. José Luis Mazón, the lawyer who has the case summarizes exultantly. After years of fighting, now we are jumping for joy. This demonstrates that justice will prevail. The fight has only began, he says.
 
 
Luis Angel Fernández Mates
 
HOT CABLES The numerous investigations in laboratory and field studies have not reached a definitive conclusion about electromagnetic contamination, but always the best advise is to prevent before curing.
 
For that reason the unprecedented decision of the Tribunal of Murcia of aiding a family that lived on top of a transformers much more significant as magnetic fields grows unceasingly. . The mobile telephone is the latest example. In this case, the contamination is in the headphone and affects millions of people at the same time. And science has still not clarified its impact on health.
 
In the judge´s decision it has played an important part in the fact that Spain possesses one of the teams of reference investigation. José Luis Bardasano, Director of the Department of Medical Specialities of the University of Alacalá and of the Institute of Bioelectromagnetism Alonso of Santa Cruz, says it takes many years to examine the impact of electromagnetic fields. So many years in fact that society becomes indifferent to the fact that it lives under the shade of high tension cables without their administrations adopting a preventive policy.
 
Bardasano together with José Ignacio Elorrieta has just published "Bioelectromagnetism, Science and Health, McGraw-Hill. This book is a healthy exercise to know what we are speaking of when referring to electromagnetism and its implications"beneficial or not about health.


 
 
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