33
73(7) At present most members of the Sawhoyamaxa Indigenous Community27 live
in the settlements known as “Santa Elisa” and “KM 16.” “Santa Elisa” was created
after the proceedings for claiming the lands had been commenced (infra para.
73(18)), once most members of the Sawhoyamaxa Community had decided to leave
the cattle estates where they lived and settle across the wire fences of the property
claimed, alongside the road which runs from Pozo Colorado to Concepción,
”Presidente Hayes” Department.28 The settlement known as “KM 16”, also located
alongside the road that runs from Pozo Colorado to Concepción, ”Presidente Hayes”
Department, had allegedly been created before the moment the proceedings for
claiming the lands were started29. A minority group of members of the Community
still live within the lands demarcated by several cattle estates in the nearby areas,
such as Ledesma, Maroma, Diana, San Felipe, Loma Porá, Naranjito, Yakukai, Misión
Inglesa, Santa Ana and San José.30
73(8) According to the census conducted in 2006, the Sawhoyamaxa Community
has 407 members, grouped in approximately eighty-three dwelling places.31
73(9) The lands claimed by the Sawhoyamaxa Indigenous Community (infra para.
73(18)) are within the lands which they have traditionally occupied and which are
part of their traditional habitat.32
27
Cf. statement rendered by Mr. Carlos Marecos before a public official whose acts command full
faith and credit on January 17, 2006 (case file on the merits, reparations, and costs, Volume III, folios
741 to 746); book titled “II Censo Nacional Indígena de Población y Vivienda 2002. Pueblos Indígenas del
Paraguay. Resultados Finales” (II 2002 National Indigenous Population and Housing Census. Indigenous
Peoples of Paraguay. Final Results), Dirección General de Estadística, Encuestas y Censos (Bureau of
Statistics, Surveys, and Censuses) of the Secretaría Técnica de Planificación de la Presidencia de la
República (Office of the Technical Secretary of State for Planning to the President of the Republic),
Paraguay, 2002, pages 21, 22 and 23, and book titled “Atlas de las Comunidades Indígenas in el
Paraguay” [Atlas of the Indigenous Communities in Paraguay],” Dirección General de Estadística,
Encuestas y Censos [Bureau of Statistics, Surveys and Censuses] of the Secretaría Técnica de Planificación
de la Presidencia de la República (Office of the Technical Secretary of State for Planning to the President of
the Republic), Paraguay, 2002. Volume II, pages 400 and 401.
28
Cf. statement rendered by Mr. Carlos Marecos before a public official whose acts command full
faith and credit on January 17, 2006, supra note 27, and statement rendered by Ms. Gladys BenítezGalarza before a public official whose acts command full faith and credit on January 17, 2006 (case file on
the merits, reparations, and costs, Volume III, folios 722 to 726).
29
Cf. brief filed by the leaders of Maroma, Loma Porá, Ledesma, Naranjito, Diana, Santa Elisa
Garay, Santo Domingo and Kilómetro 16 villages before the Instituto de Bienestar Rural (IBR) (Institute of
Rural Welfare) on August 6, 1991, supra note 26, and brief filed by the attorneys of the Sawhoyamaxa
Community before the Institute of Rural Welfare on May 12, 1994 (case file of appendixes to the
complaint, appendix 10, folio 818).
30
Cf. statement rendered by Mr. Carlos Marecos before a public official whose acts command full
faith and credit on January 17, 2006, supra note 27; census on the Sawhoyamaxa Indigenous Community
conducted by the representatives of the alleged victims in 2004 (case file of appendixes to the complaint,
appendix 4, folios 631 to 647), and census on the Sawhoyamaxa Indigenous Community conducted by the
representatives of the alleged victims in February, 2006 (case file on the merits, reparations, and costs,
Volume IV, folios 1181 to 1198).
31
Cf. census on the Sawhoyamaxa Indigenous Community conducted by the alleged victims´
representatives in February 2006, supra note 30.
32
Cf. statement rendered by Mr. Andrew Paul Leake translated into Spanish by Mr. Tito Ulises
Lahaye-Díaz before a public official whose acts command full faith and credit on January 25, 2006, supra
note 20; note P.C. No. 966/98 issued by the INDI and addressed to the Instituto de Bienestar Rural
(Institute of Rural Welfare) on November 27, 1998 (case file of appendixes to the answer to the
complaint, appendix 1, folios 1578); report No. 2065 issued by the Legal Counseling Department of the
Institute of Rural Welfare on December 3, 1998 (case file of appendixes to the answer to the complaint,