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157. Likewise, there is no dispute among the parties regarding the knowledge by
the State of the vulnerability situation of the members of the Community. The State
has never alleged lack of knowledge. A determination must be made of the date as
from which such knowledge existed.
158. The Paraguayan authorities had certain clues to the situation of vulnerability
of the Community since August 6, 1991, date on which the petition laying claim to
the traditional lands was filed (supra para. 73(18),) by means of which the members
of the Community pointed out that their petition for lands was “urgent” since their
situation was “very precarious.” Likewise, in the report filed by the IBR officer on
January 18, 1993, after the visual inspection made within the land claim
administrative proceedings, it is pointed out that the members of the Community
declared that “they had already suffered many hardships due to the lack of lands of
their own wherein they could grow crops or hunt.” Finally, in the official report
addressed on April 8, 1994 to the President of the Chamber of Deputies of the
National Congress, to the Human Rights and Indigenous Affairs Committee and to
the Ecology Committee of the National Congress, Deputy Martín Sannmann described
that the treatment that the indigenous people received on the Maroma Estate
“should be described as ‘modern slavery’” (internal inverted commas from original
text.)
159. However, the Court considers that since April 21, 1997, the State has had full
knowledge about the actual risk and vulnerability situation to which the members of
the Sawhoyamaxa Community are exposed, especially children, pregnant women
and the elderly, and also about their mortality rates. Indeed, on that date, the
leaders of the Community sent to the INDI an anthropological report prepared by
Miguel Chase-Sardi, in which he stated, among other things, that deaths were
occurring in the Sawhoyamaxa Community villages and that their members
have not been visited by a doctor, nurse or health promoter to assist them for years. As a
consequence of all the foregoing, children are constantly dying of conditions that can
easily be cured, such as diarrhea, vomiting, etc. Last year, four minor children died (data
related to Maroma Village exclusively.) Curiously, those dead minors were the children of
the estate employees.
At it commonly happens, in the indigenous communities that do not have their own
appropriate lands, health conditions worsen since they do not have the necessary food to
complete their nutritional diet.
160. It is as from that date (April 21, 1997) that the Court will analyze whether the
State adopted the necessary measures, within the scope of its authority, which could
reasonably be expected to prevent or avoid risk to the life of the Community
members. Consequently, the Court shall not make any determination as regards to
the deaths occurred before that date, to wit: the deaths of Antonio González (supra
para. 73(74)(17)), Ramona Flores (supra para. 73(74)(19)) and Sandra E. Chávez
(supra para. 73(74)(18).)
161. The Court notes that the deaths of Rosana López (supra para. 73(74)(2)) and
Wilfredo González (supra para. 73(74)(25)) occurred in 1997, but there is no
certainty as to the exact month, and thus, it is not possible to clearly determine
whether they occurred before or after April 21, 1997 (supra para. 73(37).) In that
respect, the Court takes into account that the State has not produced before it the
birth and death certificates of those persons who died, and such certificates could
have been useful to solve this problem. According to the information provided by the
State itself, no records could be found.