46
Real Estate, Inc.) and COMPENSA and had a notice of lis pendens registered on
public records regarding said property.110
73(56) While these measures were in full force and effect, on April 6, 1994 the
leaders of the Sawhoyamaxa Community filed a complaint before the Chamber of
Deputies of the National Congress, alleging that the forest on the lands they claimed
as part of their traditional lands were being cut down by the owner of Loma Porá
Estate.111 On April 8, 1994 national deputy Martín F. Sannemann went to the area to
verify the truthfulness of the complaint and drew up a report on such visit. According
to such report, an immense forest area had been cut down by the owner of the
estate, notwithstanding the injunctions issued over such lands which were in full
force and effect.112
73(57) Later, it was shown that the piece of land claimed by the applicant
Indigenous Community was not within the estates unto which restraints on
ownership rights had been imposed, whereby the Court ordered to discharge
them.113 Next, the attorneys for the Sawhoyamaxa Community submitted before said
Court a copy of the title deeds to said pieces of real property belonging to the Kansol
S.A. and Roswel y Compañía S.A. corporations, as well as a map wherein the location
of the real property owned by such corporations appeared, so that the pieces of real
property claimed by the Indigenous Community might be properly identified. On July
5, 1994 the Court of the First Instance in Civil and Business Law, Fourth Rotation
issued “an injunction over the real property belonging to the corporations Urbana
Inmobiliaria S.A. (Urban Real Estate, Inc.) and COMPENSA and filed notice of lis
pendens on public records under bail bond by way of surety […] over the real
property identified as Plot No. 16786, Chaco, Registration No. 12,935, belonging to
the Kansol S.A. corporation, having an area of 9,105 hectares and 2,978 square
meters and as Plot No. 16.784, Chaco, Registration No. 12,930, belonging to the
corporation Roswel y Compañía S.A. having an area of 5,299 hectares and 4,720
square meters.”114
73(58) On April 24, 2002 the attorneys for the members of the Sawhoyamaxa
Community requested the INDI to take such steps as may be deemed necessary so
that preliminary injunctions be issued by a court “in the face of the danger of the
further cutting down of the forest in the area claimed.”115 On February 7, 2003 the
110
Cf. order A.I. No. 684 issued by the Court of the First Instance in Civil and Business Law, Fourth
Rotation, on July 5, 1994 (case file of appendixes to the complaint, appendix 15, folios 1027 to 1028).
111
Cf. official report to the President of the Chamber of Deputies, to the Comisión de Derechos
Humanos y Asuntos Indígenas [Committee on Human Rights and Indigenous Affairs] and to the Comisión
de Ecología [Commission on Ecology] regarding the situation of the indigenous communities and forest
cutting in Chaco submitted on April 8, 1994, supra note 26.
112
Cf. official report to the President of the Chamber of Deputies, to the Comisión de Derechos
Humanos y Asuntos Indígenas [Committee on Human Rights and Indigenous Affairs] and to the Comisión
de Ecología [Commission on Ecology] regarding the situation of the indigenous communities and forest
cutting in Chaco submitted on April 8, 1994, supra note 26.
113
Cf. order A.I. No. 684 issued by the Court of the First Instance in Civil and Business Law, Fourth
Rotation, on July 5, 1994 (case file of appendixes to the complaint, appendix 15, folios 1027 to 1028).
114
Cf. order A.I. No. 684 issued by the Court of the First Instance in Civil and Business Law, Fourth
Rotation, on July 5, 1994 (case file of appendixes to the complaint, appendix 15, folios 1027 to 1028).
115
Cf. brief filed by the Sawhoyamaxa Indigenous Community with the INDI on April 24, 2002 (case
file of appendixes to the answer to the complaint, appendix 1, folios 1615 to 1616).