58
g)
Legal costs and expenses
73(76) The representatives of the alleged victims gave assistance to the members of
the Sawhoyamaxa Community during the domestic processing of the case, whereby
they incurred various expenses. Furthermore, the representatives incurred expenses
during the processing of the instant case during the international proceedings.174
VIII. VIOLATION OF ARTICLES 8 AND 25 OF THE AMERICAN CONVENTION
(JUDICIAL PROTECTION AND RIGHT TO FAIR TRIAL)
IN RELATION TO ARTICLES 1(1) AND 2 THEREOF
Argument by the Commission
74.
In relation to Articles 8, 25, 1(1) and 2 of the American Convention, the
Commission alleged that:
a) the domestic administrative remedy proceedings whereby the
Sawhoyamaxa Indigenous Community sought to lay claim to their lands,
under the rules of procedure established under the Ley sobre el Estatuto de
las Comunidades Indígenas [Law on Status of Indigenous Communities], have
not been effective to settle such Community’s claim in a final way. Neither
have the steps taken by the members of the Community in 1997 and 2000
before the National Congress of Paraguay, through the introduction of bills
proposing condemnation of the claimed lands;
b) Paraguayan legislation fails to provide for an effective judicial remedy
aimed at protecting legitimate land claims laid by indigenous communities in
Paraguay, something which constitutes per se a violation of the American
Convention;
c) Even hypothetically accepting that a judicial remedy is unnecessary, it is a
proven fact that despite the many proceedings commenced since 1991, the
procedures established under Paraguayan legislation have not been sufficient
to secure the Sawhoyamaxa Community members their ownership rights over
their ancestral lands
173
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. Mariana Ayala before a public
official whose acts command full faith and credit on January 17, 2006, supra note 120; 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 Mr. Balmaceda before a public official whose
acts command full faith and credit on January 17, 2006, supra note 44; statement rendered by Mr. Carlos
Marecos before a public official whose acts command full faith and credit on January 17, 2006, supra note
27; statement rendered by Mr. Leonardo González-Fernández before a public official whose acts command
full faith and credit on January 17, 2006, supra note 145, and book titled “Atlas de las Comunidades
Indígenas in el Paraguay” [Atlas of the Indigenous Communities in Paraguay],” Dirección General de
Estadísticas, 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.
174
Cf. statement of expenses drawn by “TierraViva” Organization and submitted together with the
written final pleadings (case file on the merits, reparations, and costs, Volume IV, folios 1112 to 1123).