8
international human rights courts, which enjoy ample authority, when determining
the international responsibility of a State for the violation of human rights, to assess
the evidence submitted to them concerning the pertinent facts, in accordance with
the rules of logic and based on experience.
33.
Based on the above, the Court will now examine and assess the body of
evidence in the instant case within the legal framework in hand. In doing so, the
Court will follow the rules of reasonable credit and weight analysis, within the
applicable legal framework.
A)
DOCUMENTARY EVIDENCE
34.
The documentary evidence submitted by the Commission, the representatives
and the State includes witness statements and written expert opinions sworn before
a notary public in accordance with the Order of the President of December 21, 2005
(supra para. 18). Said witness statements and expert opinions are summarized as
follows:
a.
Statement by Mr. Carlos Marecos-Aponte, alleged victim and
leader of the Sawhoyamaxa Community
He has been the leader of the Sawhoyamaxa Indigenous Community for more than
fifteen years. Like his parents and grandparents, he is a “criollo, born and raised in
the area claimed” by the Community.
The settlements “Santa Elisa— “to which he belongs— and “KM. 16” are the
Community's most populated ones, and have been living on a roadside for more than
eight years. Other members of the Community are living in several other estates in
the surrounding area, such as: Ledesma, Maroma, Naranjito, Diana, San Felipe,
Loma Porá and Santa Elisa Bray. The members of the Sawhoyamaxa Community
“are not by the road because they like to, but because they are near the area they
are claiming,” which they cannot “enter without permission,” as “they say those
lands are private property.” People who are now living in the “Santa Elisa” village
come from various estates, mainly Maroma, Ledesma, Naranjito and Loma Porá. On
these estates, "families [...] were spread all over, without a safe place to live."
“The conflict over the lands has been going on ever since [he] can remember; [they]
used to live in other people's estates as Paraguayan workers, but [they] felt [they]
needed to live on [their] own land [and] have an education.” Likewise, he stated that
the members of his Community have always had problems as regards to
documentation, for example, some members of the Community have never had any
kind of identification. Generally, members of the Community have to go to Asunción
to apply for a certificate of birth first and then an identity card, but owing to the high
cost of transportation, it is not easy for them to travel. Deaths are not recorded
either; the witness recalls that formerly the Anglican Church used to “give [them] a
little piece of paper documenting the demise, but it was of no legal value.”
To start claiming for their lands, the members of the Community “would gather and
talk about how their ancestors used to live, and compared their ancestors’ way of life
with their own reality.” They realized they were being displaced, and that many of
5
Cf. Case of Acevedo-Jaramillo et al., supra note 3, para. 185; Case of López-Alvarez, supra note
3, para. 37; and Case of Pueblo Bello Massacre, supra note 3, para 63.