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to reach their communities by communicating such situation to the regional
sanitary authorities or to the INDI itself. The members of the
Sawhoyamaxa Community have not used hospitals or public assistance
because they so decided; nobody has prevented them from doing so;
b)
The leaders of the Sawhoyamaxa Community, maybe wrongly
advised, have led the members of their Community to extreme situations
foreign to their traditional forms of subsistence, when settling them along
the roadside, as a form of protest, which departs from their customs. At
this point, the State strongly points out the responsibility of the nongovernmental organization Tierraviva and holds it jointly responsible for the
emergency situation this community, as well as others, is undergoing;
c)
Within the limitations of a relatively less developed country, affected
by the inequities of international trade, and of its financial possiblities, the
State has created the conditions necessary to guarantee a decent life for
these indigenous populations, providing periodical food and sanitary
assistance, pursuant to an Executive Order that declared them, as well as
another indigenous community, in a state of emergency;
d)
The indigenous people settled by the side of the route or public road
have systematically rejected being transferred to a temporary dwelling
place while the case is being solved, following the advice of their
representatives; this has placed them in a critically vulnerable situation.
There is no relationship between “the land and physical survival” as a cause
for the alleged lack of preservation of the right to life, as pointed out by the
Inter-American Commission, and
e)
It cannot be blamed for the death or the illnesses suffered by the
individuals occurring due to natural causes or Acts of God, unless it be
proved that there has been negligence to address these particular cases by
the health care authorities or by other authorities with knowledge of the
facts, for which purpose, this representation is open to the use of all the
forms of evidence that might be necessary to clarify this issue. In the
instant case, neither the existence of these persons, nor their death, has
been proved.
Considerations by the Court
148. The Commission and the representatives allege that the physical conditions in
which the members of the Sawhoyamaxa Community have been living, and still live,
as well as the death of several persons due to such conditions, are a violation of
Article 4 of the Convention, which reads as follows:
[E]very person has the right to have his life respected. This right shall be protected by law, and in
general, from the moment of conception. No one shall be arbitrarily deprived of his life.
149. The State denied its responsibility for the conditions in which the members of
the Community are and for the deaths that occurred.
i) general principles