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

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