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group of extended families forming the Sawhoyamaxa Community as
beneficiaries. These families comprise those included in the last census made
in 2002, and also the families that during these four years have increased this
census. In this respect, taking into account that the Sawhoyamaxa
Community is an organized indigenous community having duly elected
leaders and representatives, and furthermore that such leaders and
representatives are formally recognized by the State, the identification of the
new families can be certified to the Court by the Community authorities;
b)
As regards to the members of the Community that died during the
period in which the Community has dwelled in their current settlement
location, their next of kin are the ones who must receive the indemnification
that the Court may determine;
As regards to pecuniary damages:
c)
They join the Commission in its application as regards to the claims for
reparation, and they have requested that the cultural characteristics and the
specific circumstances of each victim be taken into consideration;
d)
It should be taken into account that the members of the Community
and their leaders have had to carry out many procedures and to take many
trips, during the years the domestic proceedings for claiming their lands have
been pending. Likewise, and furthermore the victims have had to resort to
national and international non-governmental organizations and to contact
well-known domestic and foreign personalities, with the purpose of reporting
the facts, as well as to visit different public institutions in order to request the
authorities to take action intended to guarantee justice be done to them. All
these activities, though not forming part of the judicial procedure itself, are
on occasions such as the instant case, necessary to demand justice from the
authorities. All of this implies additional expenses and must be considered and
recognized as part of the pecuniary damages they have sustained.
As regards to non-pecuniary damages:
e)
The Court shall order the State to pay an amount for “the sadness and
suffering they have experienced at beholding the rejection of their legitimate
territorial claim, as well as for the anguish and impotence they have felt as
the victims of the violations described, during the years they have been
waiting for the restitution of their ancestral land;”
f)
Regarding the 45 members of the Community that have died, the
Court shall order the State to indemnify their next of kin with an equitable
amount for the pain and sadness that they had experienced. Likewise, the
State must pay the Community, on account of these same facts, an amount
for the suffering, anguish, impotence and inhumane treatment that their
members experienced at the death of their children and elders;
g)
The reparations regarding the suffering experienced by the members
of the Sawhoyamaxa Community must contemplate the creation of a special
pecuniary fund to finance educational, training, medical and psychological
assistance programs for the members of the Community, the implementation