21.
The State must establish a permanent health clinic in “25 de Febrero,” equipped
with the necessary supplies and medicines to provide adequate health care, within six
months of notification of this judgment, in the terms of paragraph 306 hereof.
22.
The State must establish immediately in “25 de Febrero” the communication
system indicated in paragraph 306 of this judgment.
23.
The State must ensure that the health care center and the communication
system indicated in the twenty-first and twenty-second operative paragraphs supra are
moved to the site of the Community’s definitive settlement once it has recovered its
traditional land, in keeping with the provisions of the twelfth operative paragraph
supra.
24.
The State must implement, within one year of notification of this judgment at
most, a registration and documentation program, in the terms of paragraph 297 of this
judgment.
25.
The State must, within two years of notification of this judgment, adopt in its
domestic law the legislative, administrative and any other kind of measures that may
be necessary to create an effective system for the indigenous peoples to reclaim
ancestral or indigenous lands, which allows them to exercise their right to property, in
the terms of paragraphs 309 and 310 of this judgment.
26.
The State must adopt immediately the necessary measures to ensure that
Decree No. 11,804, declaring part of the land claimed by the Community a protected
wooded area, will not be an obstacle for the return of the traditional lands, in keeping
with the provisions of paragraphs 311 and 313 of this judgment.
27.
The State must, within two years of notification of this judgment, pay the
amounts established in paragraphs 318, 325 and 331 as compensation for pecuniary
and non-pecuniary damage and reimbursement of costs and expenses, as appropriate,
in the terms of paragraphs 317, 321, 322 and 330 of this judgment.
28.
The State must establish a community development fund, in the terms of
paragraph 323 of this judgment, and set up a committee to operate the fund, in the
terms and within the time frame established in paragraph 324 of this judgment.
29.
The Court will monitor full compliance with this judgment in exercise of its
competence and in compliance with its obligations under the American Convention, and
will consider the case closed when the State has complied fully with all its provisions.
Within six months of notification of the judgment, the State must provide the Court
with a report on the measures adopted to comply with it.
Judge Vio Grossi advised the Court of his Concurring Opinion, and Judge Ad-Hoc
Augusto Fogel Pedrozo advised the Court of his Concurring and Dissenting Opinion,
which accompany this judgment.
Done, at San Jose, Costa Rica, on August 24, 2010, in the Spanish and English
languages, the Spanish text being authentic.
Diego García-Sayán
President
78
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents