30
Galarza (case No. 46) occurred after the filing of the application by the Commission,
whereby they shall be examined by the Court as supervening facts. The other cases
(No. 33 to 42) refer to deaths which occurred prior to the filing of the petition and
the Commission did not justify why it had not included them before, whereby they
shall not be considered.
71.
Finally, the Court notes that within the list of the 31 deceased submitted by
the Commission, the death of members of the Community having occurred before
Paraguay accepted the contentious jurisdiction of the Inter-American Court on March
26, 1993 is mentioned. These deaths include the following cases: NN Ferreira (case
No. 3), NN Ferreira (case No. 4), Leoncio González (case No. 10), Rosana González
(case No. 11) and Ana María Florentín (case No. 31). The Court has no juridiction to
hear these cases.
72.
In view of the foregoing, in its conclusions on the alleged violation of Article 4
of the American Convention, out of the above mentioned cases the Court shall
examine as alleged victims only cases No. 1, 2, 5 to 9, 12 to 30 and 43 to 46, as
they appear above.
VII.
PROVEN FACTS
73.
Having assessed the documentary evidence, the statements rendered by the
witnesses, the expert opinions given by the expert witnesses, as well as the
statements submitted by the Inter-American Commission, by the representatives
and by the State in the proceeding of the instant case, the Court finds the following
facts to be proven:
a)
The Sawhoyamaxa Indigenous Community and the traditional occupation of
the lands claimed
73(1) Towards the end of the 19th century vast stretches of land in the Paraguayan
Chaco were acquired by British businessmen through the London Stock Exchange as
a consequence of the debt owed by Paraguay after the so-called War of the Triple
Alliance. The division and sale of such territories were made while their inhabitants,
who, at the time, were exclusively Indians, were kept in full ignorance of the facts.
That is how several missions of the Anglican Church started settling in the area. In
1901 the “South American Missionary Society” settled the first cattle estate in the
Chaco with the purpose of starting the evangelization and “pacification” of the
indigenous communities, and of facilitating their employment in the cattle estates.
The company was known as “Chaco Indian Association”, and its main seat was built
in Alwátétkok.18
18
Cf. statement rendered by Mr. Alberto Braunstein before a public official whose acts command full
faith and credit on February 11, 2005 (case file on the merits, reparations, and costs, Volume III, folios
488 to 500); anthropological report on the (Santa Elisa) “Sawhoyamaxa” Community of the Enxet People.
Centro de Estudios Antropológicos of the Universidad Católica “Nuestra Señora de la Asunción” (Catholic
University “Our Lady of Asuncion” Anthropological Studies Center) (case file of appendixes to the
application, appendix 10, folios 864 to 873), and expert opinion given by Mr. Bartomeu Melia i Lliteres
rendered before the Inter-American Court on March 4, 2005 in the Case of the Indigenous Community
Yakye Axa v. Paraguay (case file on the merits, reparations, and costs, Volume III, folios 540 to 556).