Inter-American Court of Human Rights
Case of the Sawhoyamaxa Indigenous
Community v. Paraguay
Judgment of March 29, 2006

(Merits, Reparations and Costs)

In the Case of Sawhoyamaxa Indigenous Community,
the Inter-American Court of Human Rights (hereinafter, “the Court”, “the InterAmerican Court” or “the Tribunal”), composed of the following judges:
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**,
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”), Article 3(1) of the
Statue of the Court and Articles 29, 31, 56, 57 and 58 of the Court’s Rules of
Procedure (hereinafter, “the Rules of Procedure”), delivers the present judgment.
I.

INTRODUCTION OF THE CASE

1.
On February 3, 2005, the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) filed an
application with the Inter-American Court against the State of Paraguay (hereinafter
“the State” or “Paraguay”), originating in petition No. 0322/2001, received by the
Secretariat of the Commission on May 15, 2001.
2.
The Commission filed the application pursuant to Article 61 of the American
Convention, in order that the Court should decide whether Paraguay had violated
Articles 4 (Right to Life), 5 (Right to Humane Treatment), 21 (Right to Property), 8
(Right to A Fair Trial), and 25 (Right to Judicial Protection) of the American
Convention, with relation to the obligations set forth in Articles 1(1) (Obligation to
Respect Rights) and 2 (Obligation to Adopt Domestic Law Measures) thereof, to the
detriment of the Sawhoyamaxa Indigenous Community of the Enxet-Lengua people
**
The Deputy Secretary of the Court, Emilia Segares-Rodríguez informed the Court that, for
reasons beyond her control, she would be unable to be present at the deliberations of this judgment.

Select target paragraph3