97
As regards to costs and expenses:
i)
The State does not agree with the payment of the amount claimed as
costs and expenses, for the State is not bound to reimburse expenses made
without its consent and knowledge, and above all, without its control.
Furthermore, these alleged expenses are not backed by any documents that
may evidence that such expenses have effectively been incurred.
Considerations of the Court
A) BENEFICIARIES
204. The Court considers that the members of the Sawhoyamaxa Indigenous
Community are the injured parties, in their capacity as victims of the violations
specified above (supra para. 195). Exhibit A), appendixed to this Judgment, contains
the list of members of the aforementioned Indigenous Community, as per the census
performed in February 2006232 (supra para. 27).
205. The Court has been able to verify, through the various Community censuses
submitted,233 as indicated by the Commission and the representatives, that the
number of people and families that compose the aforementioned Indigenous
Community has changed. For instance, the 2004 Community census surveyed 376
people distributed into 80 families, while the February 2006 census surveyed 407
people grouped into 83 families. The Court finds that all these variations are inherent
to the internal structure of such groups.
206. The above mentioned considerations apply to the families of Luis Chávez and
Victorina Álvarez (No. 51) and their children Karen Fabiola, Eliseo and César Daniel,
and the family of Faustino Chávez and Liliana González (No. 40) and their children,
Sandra, Fausto, Ramón, Justina, Gerardo and another male child. Although it is true
that the abovementioned families were reported as members of the Yakye Axa
Community, and thus victims of the human rights violations declared by the InterAmerican Court in its judgment on such case, on the basis of the December 2004
census, said families were considered members of the Sawhoyamaxa Community.
The Court cannot but respect the decision of these families to leave the Yakye Axa
Community to join the Sawhoyamaxa Community, both indigenous communities of
the Enxet-Lengua people and the decision of the members of the Sawhoyamaxa
Community to accept those families into their group.
232
Cf. Census on the Sawhoyamaxa Indigenous Community prepared by the representatives of the
alleged victims in February 2006, supra note 30.
233
Cf. Sawhoyamaxa Indigenous Community census carried out by the representatives of the
alleged victims in 1997, supra note 26; Sawhoyamaxa Indigenous Community census carried out by the
representatives of the alleged victims in July 2003, supra note 30; Sawhoyamaxa Indigenous Community
census carried out by the representatives of the alleged victims in 2004, supra note 30, and
Sawhoyamaxa Indigenous Community census carried out by the representatives of the alleged victims in
February 2006, supra note 30.