13.
Final written arguments and observations. On October 2, 2014, the
representatives and the State presented their final written arguments and annexes, as
well as helpful evidence requested during the public hearing of the case, and the
Commission presented its final written observations. 9
14.
Observations on the annexes. In communications of November 10 and 14,
2014, the Commission and the State submitted their observations on the annexes to
the final written arguments and on the helpful evidence. The representatives did not
present observations.
15.
Helpful evidence. On December 3, 2014, following the instructions of the Court’s
President and based on Article 58(b) of the Court's Rules of Procedure, the Secretariat
asked the State and the representatives to present documentation as helpful
evidence. 10 In communications of December 16 and 17, 2014, the State and the
representatives forwarded some of the documentation requested. 11
16.
Supervening facts. In a communication of February 25, 2015, the
representatives provided documentation on mining activities as helpful evidence. The
corresponding observations of the State were received on June 10, 2015.
17.
Report of the American Association for the Advancement of Science. On October
24, 2014, based on Article 58(c) of the Court’s Rules of Procedure, the American
Association for the Advancement of Science was asked to prepare a report in order to
obtain additional information by satellite imagery analysis on the changes in the
territory of the Punta Piedra Garifuna community between 1993 and the present
(hereinafter “AAAS Report”). This report was transmitted to the parties on March 10,
2015, so that they could forward any observations they deemed pertinent, and these
were received on May 15, 2015.
18.
Disbursements from the Assistance Fund. On March 10, 2015, the report on
disbursements from the Court’s Legal Assistance Fund was sent to the State. On April
28, 2015, the State presented its observations.
19.
On-site procedure in the Punta Piedra Garifuna community. In its answering
brief, the State proposed an on-site inspection in the territory of the Punta Piedra
The Court’s Secretariat noted that the parties had not forwarded: (a) updated information on the
number of hectares occupied by the inhabitants of the village of Rio Miel; (b) the ownership titles of the
lands of Ambrocio Thomas Castillo and Sergia Zapata Martinez, and (c) information on the creation of Sierra
Rio Tinto National Park, as well as the approximate number of hectares occupied by the park within the
territory of the Punta Piedra community. The parties were requested to forward this information by October
31, 2014.
10
The documentation that the State was asked to provide as helpful evidence was as follows: (1) the
Ethnic Prosecutor’s conclusions about the vulnerability of the inhabitants of Rio Miel in File No. 0801-201012292; (2) File No. 0801-2010-12739; (3) investigations and criminal proceedings instituted due to the
usurpation complaint by Félix Ordonez Suazo; (4) information on the creation of Sierra Rio Tinto National
Park; (5) domestic regulations concerning: (a) the amparo proceeding; (b) the administrative proceeding for
the execution of the extrajudicial conciliation agreement; (c) the “declaratory judgment” or civil action; (d)
the procedure to declare a public deed null and void; (e) the existence of any other procedure, either
expropriation or land claim, and (f) the procedural legitimacy of collective groups, in this case, indigenous
communities; (5) copy of the Agrarian Reform Act, the Modernization and Development of the Agricultural
Sector Act, the Property Act and the Amparo Act, in force at the time of the events and at present; (6)
regulations and information concerning the National Agrarian Institute (INA) and the Property Institute (IP).
Additionally, the representatives were asked to submit their opinion on whether the Sierra Rio Tinto National
Park was located within the territory of Punta Piedra community.
11
The representatives did not forward evidence on the location of the Sierra Rio Tinto National Park.
9
9