Inter-American Court of Human Rights
Case of the Indigenous Community Yakye Axa v. Paraguay
Judgment of February 6, 2006

(Interpretation of the Judgment of Merits, Reparations and Costs)

In the case of the Indigenous Community Yakye Axa,
the Inter-American Court of Human Rights (hereinafter, “the Court”, or “the InterAmerican Court” or “the Tribunal”), composed of the following judges1:
Sergio García-Ramírez, President;
Alirio Abreu-Burelli, Vice-President;
Oliver Jackman, Judge;
Antônio A. Cançado Trindade, Judge;
Cecilia Medina-Quiroga, Judge;
Manuel E. Ventura-Robles, Judge, and
Diego García-Sayán, Judge,
also present,
Pablo Saavedra-Alessandri, Secretary, and
Emilia Segares-Rodríguez, Deputy Secretary;
pursuant to Article 67 of the American Convention on Human Rights (hereinafter “the
Convention” or “the American Convention”) and Article 59 of the Court’s Rules of
Procedure (hereinafter “the Rules of Procedure”), delivers the following judgment on
the request for interpretation of the Judgment on the merits, reparations and legal
costs issued by the Court on June 17, 2005 in the case of Yakye Axa Indigenous
Community (hereinafter “the request for interpretation”) filed by the victims’
representatives (hereinafter “the representatives”) on October 14, 2005.
I
JUDGMENT ON THE MERITS, REPARATIONS AND COSTS
1.
On June 17, 2005, the Court delivered the Judgment on the merits,
reparations and costs in the instant case (hereinafter the “Judgment on the merits”),
whereby the Court
HELD:
By seven votes to one,
1.
the State violated the rights to fair trial and the right to judicial protection
enshrined in Articles 8 and 25, respectively, of the American Convention on Human
Rights, in relation with Articles 1(1) and 2 thereof, to the detriment of the members of

1

Judge Diego García-Sayán informed the Court that, for reasons beyond his control, he would not
be able to attend the deliberation and signing of this Judgment.

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