2 6. This thesis regarding the need to shift the burden of proof to exonerate the State of responsibility was obliquely advanced by the Court in the instant case in paragraph 176 of the judgment: Taking the foregoing into account, the Court considers that the facts stated in the above paragraphs, which have not been contested by the State, and in respect of which the State has not filed any specific evidence to the contrary, confirm the statement by expert witness Balmaceda, in the sense that “the few [ill persons in the Community] that managed to reach a doctor or a medical center, did so when it was too late or were very deficiently treated, or more precisely, were inhumanely treated.” Therefore, the Court considers that such deaths are attributable to the State. 7. The same situation in the Case of the Yakye Axa Community is present in the Case of the Sawhoyamaxa Community. The lack of timely restitution of ancestral lands, failure by the State to supply the Community with water, food and medicines, and the lack of timely and comprehensive provision of health care has caused, in the instant case, the death of the following persons (para. 178): NN Galarza, Rosana López, Eduardo Cáceres, Eulalio Cáceres, Esteban González-Aponte, NN GonzálezAponte, NN Yegros, Jenny Toledo, Guido Ruiz-Díaz, NN González, Luis TorresChávez, Diego Andrés Ayala, Francisca Brítez, Silvia Adela Chávez, Esteban Jorge Alvarenga, Arnaldo Galarza and Fátima Galarza. 8. From the analysis of the specific circumstances surrounding each one of these deaths, we find that the illnesses suffered by Rosana López, Esteban González, NN Yegros, Guido Ruiz-Díaz, Luis Torres-Chávez, Francisca Brítez and Diego Andrés Ayala were not treated (para. 172). They simply died in the Community. The State has produced no evidence to the contrary, in spite of having been requested to do so by the Court (paras. 55 and 57). Consequently, said deaths had to be attributed to the lack of adequate prevention and of adoption of enough positive measures by the State, which was aware of the situation of the Community and was reasonably expected do something about it. 9. Likewise, despite extreme poverty, some people got to health centers and received some kind of medical care, but it was insufficient, untimely or incomplete. The newborns NN Galarza and NN González both suffering from tetanus, were released by their respective treating doctors since “nothing could be done” for them. They died in the Community “with the typical rigidity of those who suffer from tetanus.” The brothers Eduardo and Eulalio Cáceres died of pneumonia. The former was admitted in the Concepción hospital, but did not get any medicines because “the mother could not buy them.” He died in hospital eight days after admission. After Eduardo’s death, “the mother was requested to take away Eulalio from the hospital if she was not going to buy the medicines and they issued the hospital certificate of discharge.” Six days after this, Eulalio died in the Community. The girls GonzálezAponte and Jenny Toledo were discharged from the medical center they were in “with scarce health improvement” the former, and the latter “without any medication.” The González-Aponte girl died 8 days after this, of enterocolitis / dehydration, whereas Jenny, who was apparently in good conditions, had a relapse and “there was no opportunity to take her back” to hospital. She died of dehydration. Esteban Jorge Alvarenga, a newborn, who suffered from dyspnoea and respiratory failure could be taken to the Concepción hospital but he was not admitted there. The treating doctor provided a medical prescription that, “due to her scant resources, it was impossible for his mother to buy, and the newborn died a few days later.” Silvia Adela Chávez, a newborn, was assisted by a “medical delegation” which did not provide her with any medicines and recommended her mother to get such medicines