3
3.
To adopt any such measures as may be necessary to protect the habitat
claimed by the Indigenous Community while delimitation, demarcation and conveyance
of title to the ancestral territory in favor of the Community be still pending, specifically
measures aimed at preventing immediate and irreparable harm from activities by third
parties.
4.
To establish an effective and simple court remedy to protect the right of the
Indigenous Peoples of Paraguay to claim and access their traditional territories.
5.
To publicly acknowledge international responsibility for the human rights
violations determined by the [Commission] in this report. In particular, to conduct a
public ceremony, with the participation of relevant Government authorities, the
members of the Sawhoyamaxa Community and its representatives, to acknowledge the
State’s international responsibility for the events in the instant case, and to publish,
within two months as from notification of this decision, at least once, in the Official
Gazette and in another national-circulation daily, the section entitled “Facts” in Chapter
IV (A), [and] the conclusions and recommendations of the [...] report.
6.
To make individual and communal reparations of the consequences of the
breach of the rights mentioned. The reparations to be paid by the Paraguayan State
must be calculated pursuant to international standards, and must be adequate to
compensate pecuniary and non-pecuniary damages caused by the human rights
violations addressed by this report. Payment of such reparation shall not depend upon
the Sawhoyamaxa Community and its representatives filing any court action provided
for by Paraguayan law. Likewise, to pay the members of the Sawhoyamaxa Community
all expenses and legal costs incurred by them and their representatives in the domestic
proceedings and in the international proceeding before the Inter-American system for
the protection of human rights. The manner and amount of the reparation must be
agreed upon with the members of the Sawhoyamaxa Community and its representatives
pursuant to the customary law, values, usage and customs of the Indigenous
Community.
7.
To adopt any such measures as may be necessary to prevent similar events
from happening in the future, in accordance with the duty to prevent and safeguard the
fundamental rights recognized in the American Convention.
9.
On January 31, 2005, after analyzing the answer by the State to the above
recommendations, the Commission decided to refer this case to the Inter-American
Court.
IV.
PROCEEDING BEFORE THE COURT
10.
On February 3, 2005, the Inter-American Commission filed an application with
the Court. The appendixes thereto were received on February 10, 2005. Pursuant to
Article 33 of the Rules of Procedure, the Commission informed that the alleged
victims would be represented by TierraViva (hereinafter, “the representatives”).
11.
On March 18, 2005, after the preliminary examination of the application was
conducted by the President of the Court (hereinafter, “the President"), the
Secretariat of the Court (hereinafter, “the Secretariat”) served the State with a copy
of the application and its appendixes, and it informed it of the time limit within which
it could file an answer and appoint and ad hoc judge to hear the case. On the same
day, pursuant to Article 35(1)(d) and (e) of the Rules of Procedure, the Secretariat
served the representatives with notice of the application, informing them that they
should submit their brief of requests, arguments and evidence (hereinafter, the “brief
of requests and arguments”) within two months.
12.
On May 17, 2005, Paraguay requested an extension of the term granted to
appoint the ad hoc judge and the Agent for the State. The State grounded its request