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expenses, the Court is requested to make a determination of the amount of
such costs and expenses in equity; and
q)
Regarding the handling of the case before the Inter-American Court,
the Tierraviva organization incurred in expenses related to the proceedings
carried out in during the time allowed to produce evidence amounting to US $
4,638 (four thousand six hundred and thirty-eight United States Dollars)
which are backed by documentary evidence.
Allegations by the State
203.
As regards to reparations, the State alleged that:
As regards to the pecuniary and non-pecuniary damages:
a)
The damages that might have been caused in the instant case have
not been claimed before the Courts of Justice of the State, and there is no
relationship between the deaths of some of the members of the Community
and the ancestral lands issue;
b)
The State acknowledges the need of the members of the Community to
generate a productive yield out of the lands to be made over to them in order
to cater for the needs of the Community and to allow the adequate
development of such lands. To such effect, the State will implement a project
for the adequate development of such lands;
As regards to the other forms of reparation:
c)
The State intends to make over, for no consideration, a certain
extension of land to the Sawhoyamaxa Community, as provided in the
Constitution and in the statutes in force;
d)
The State accepts the claim to set up a fund for the payment of the
lands at the price determined by bargaining and the customary offer
conditions;
e)
The State accepts the request for the establishment of a health care
center, a school, and the provision of drinking water and sanitation facilities
for the Community;
f)
The State accepts the claim for medical care and educational services
for the Community, pursuant to the educational and health plans
contemplated by the State;
g)
The State accepts the claim for the enactment and enforcement of
legislation contemplating an effective and expedient remedy to solve conflicts
of rights as those at issue in the instant case;
h)
The State does not object to making a public recognition, provided the
representatives define the characteristics of the claim that they put forth; and