6
Finally, the representatives were required to complete the data of the census of the
Sawhoyamaxa Indigenous Community in Appendix No. 7 to the application filed by
the Inter-American Commission in the instant case, for in such census, some
members of the Community are identified merely as “child” or “other.”
23.
On February 6, 2006, the representatives submitted their comments on the
affidavits by the witness Oscar Centurión and by the expert witness Augusto Fogel
(supra para. 20). On the other hand, the Commission informed that it had no
comments on such affidavits. On February 10, 2006, the State submitted comments
on the affidavit by Elsa Ayala and the expert opinion by Pablo Balmaceda-Rodríguez,
rendered in the form of affidavit. The State added to said note Order No. 280/92 of
April 15, 1992, “establishing that, in addition to the medical care provided to the
indigenous people at no cost, they are exempted from paying for examinations and
other procedures carried out at the Itagua Hospital", and Circular S.G No. 1/95 on
“comprehensive, attentive and free health care provided to indigenous groups”
issued by the Public Health and Social Welfare Ministry on February 24, 1995. On
February 13, 2006, the State informed that it had no comments on the affidavit by
Andrew Paul Leake or its Spanish translation (supra para. 19).
24.
On February 16, 2006, the representatives filed documents concerning the
request of evidence to facilitate adjudication of the case (supra para. 22). In this
regard, the representatives argued that “only exceptionally have the deaths been
entered in any public record,” so they submitted an affidavit by Sawhoyamaxa
Community leader Carlos Marecos stating "the dates of the death of each of the
[alleged] victims and their parentage or kinship.”
25.
On February 16, the Inter-American Commission, the representatives and the
State respectively submitted their final written arguments on the merits and possibly
reparations and legal costs. On February 20, 2006, the representatives submitted
appendixes to their final written arguments.
26.
On February 24, 2006, after a term extension, the State submitted part of the
evidence to facilitate adjudication of the case required by the Court (supra para. 22).
The State made several precisions in this regard. As regards to the request for birth
and death certificates and autopsy records or other documents that may show the
causes of the alleged deaths of the members of the Community, the State stated
that, after issuing orders to the Dirección General del Registro Civil (General Office of
Vital Records) and Secciones de Registro Civil (Vital Records Departments) No. 24
and 38 of the INDI, “no birth entries have been found and thus it has not been
possible to determine the existence of the allegedly dead individuals." The State also
informed that there are no medical histories or evidence of medical care to the
above-mentioned individuals in any facilities maintained by the Public Health and
Social Welfare Ministry or in any local health center, and that more data were
required to "better identify the individuals" to enable the search. Finally, the State
submitted information about "health care, food and water [...] provided [...] by the
Public Health and Social Welfare Ministry, the National Emergency Agency, the
Concepción Council, the Presidente Hayes local government and the INDI."
27.
On March 11, 2006, the representatives submitted a census of the members
of the Sawhoyamaxa Indigenous Community updated as of February 2006, in
compliance with the request effected by the Secretariat on January 20, 2006,
following instructions given by the President, (supra para. 22). On March 14, 2006,
the representatives filed a brief clarifying the case of two families that appear in such