c) Admissibility Report. On March 24, 2010, the Commission issued
Admissibility Report No. 63/10, in the matter of the Punta Piedra community,
finding that it was competent to hear the petition and deciding to admit the
claim concerning the presumed violation of Articles 21 and 25 of the
Convention, in relation to Articles 1 and 2 of this instrument.
d) Merits Report. On March 21, 2013, the Commission adopted Merits Report
No. 30/13, under Article 50 of the American Convention (hereinafter “the Merits
Report” or “Report 30/13”) in which it reached a series of conclusions and made
several recommendations to the State, namely:
Conclusions:
i) The State had violated the right to property recognized in Article 21 of
the Convention, in relation to Articles 1(1) and 2 thereof, to the
detriment of the Punta Piedra community.
ii) The State had violated the right to judicial protection recognized in
Article 25 of the Convention, in relation to Articles 1(1) and 2 thereof, to
the detriment of the Punta Piedra community.
Recommendations:
i)
ii)
iii)
iv)
v)
vi)
Adopt, as soon as possible, the necessary measures to make
effective the right to property of the Punta Piedra community and, in
particular, measures to clear the title.
Take the necessary steps to prevent the Punta Piedra community
from being subjected to discriminatory acts and, in particular, from
being exposed to acts of violence by third parties owing to their
ethnic origin.
Adopt an effective and simple remedy that protects the right of the
indigenous peoples to claim and gain access to their traditional
territories and that protects them from actions by the State or third
parties.
Investigate and punish those responsible for the threats, harassment,
acts of violence and harm to the Punta Piedra community.
Make individual and collective reparation for the consequences of the
violation of the said rights.
Take the necessary measures to prevent the occurrence of similar
acts in the future.
e) Notification to the State. The Merits Report was notified to the State on April
1, 2013, granting it two months to provide information on the measures
adopted to comply with the recommendations.
f) Request for an extension and report on compliance. On June 26, 2013, the
State requested an extension in order to comply with the recommendations.
The Commission granted a three-month extension and also asked the State to
present a report on the progress made by September 1, 2013. However, no
report was presented.
g) Submission of the case to the Court. On October 1, 2013, the Commission
submitted this case to the jurisdiction of the Inter-American Court. The
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