47
Governing Board of the INDI decided to “authorize the Presidency of the Council to
request that the relevant preliminary injunctions be ordered for the purpose of
securing the rights of the Community […].”116
73(59) On June13, 2003 the INDI requested the Court of the First Instance in Civil
and Business Law, Seventh Rotation, that “a preliminary injunction be issued
restraining all innovations in both the physical and the legal conditions and that a
notice of lis pendens be filed on public records” regarding the real property
registered under the name of the Roswel y Cia. S.A. and Kansol S.A corporations.117
73(60) On July 23, 2003 the Court of the First Instance in Civil and Business Law,
Seventh Rotation, requested the General Director of the Public Registries “to order
that an injunction be issued” affecting the above mentioned property.118
e)
Living conditions of the members of the Sawhoyamaxa Community
73(61) On the estates the members of the Sawhoyamaxa Community lived in
extreme poverty, which was characterized by poor health conditions and medical
care, the working conditions of exploitation to which they were subjected, and the
restrictions imposed on them to own crops and cattle and to exercise freely their
traditional subsistence activities.119 This situation worsened as a consequence of the
pressures exerted on the owners of such estates when they learned the Community
had claimed lands for their own .120
116
Cf. resolution No. 01/2003 issued by the Council of the INDI on February 7, 2003 (case file of
appendixes to the answer to the complaint, appendix 1, folios 1617 to 1618).
117
Cf. brief filed by the INDI before the Court of the First Instance in Civil and Business Law,
Seventh Rotation, on June 13, 2003 (case file of appendixes to the answer to the complaint, appendix 1,
folios 1620 to 1622).
118
Cf. official letter No. 1108 addressed by the Court of the First Instance in Civil and Business Law,
Seventh Rotation to the Director-General of the Public Registries on July 23, 2003 (case file of appendixes
to the answer to the complaint, appendix 1, folio 1619).
119
Cf. brief filed with the IBR by the leaders of Maroma, Loma Porá, Ledesma, Naranjito, Diana,
Santa Elisa Garay, Santo Domingo and Kilómetro 16 villages on August 6, 1991, supra note 26;
anthropological report on the “Sawhoyamaxa” Community of the Enxet People. Centro de Estudios
Antropológicos de la Universidad Católica “Nuestra Señora de la Asunción” [Catholic University “Our Lady
of Asuncion” Anthropological Studies Center], supra note 18; 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; statement rendered by Ms. Elsa Ayala 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 676 to 679);
statement rendered by Ms. Gladys Benítez-Galarza before a public official whose acts command full faith
and credit on January 17, 2006, supra note 28, and statement rendered by Mr. Carlos Marecos before a
public official whose acts command full faith and credit on January 17, 2006, supra note 27.
120
Cf. statement rendered by Ms. Elsa Ayala before a public official whose acts command full faith
and credit on January 17, 2006, supra note 119; statement rendered by Ms. Gladys Benítez-Galarza
before a public official whose acts command full faith and credit on January 17, 2006 supra note 28;
statement rendered by Ms. Mariana Ayala 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 734 to 738); and
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.