2 5. We must also state, regarding this subject matter, that personal identity encompasses not only strictly biological concepts, but also various other concepts such as the individual’s cultural, historical, religious, ideological, political, professional, social, and family heritage, for which reason, in the instant case, detriment to the cultural identity of the Yakye Axa Community also injured the personal identity of each of its members. In the instant Judgment, the Court stopped at the issue of the juridical personality of the Yakye Axa indigenous Community under Paraguayan domestic law (paras. 83 and 84); it is our understanding that beyond this matter one must always take into account, at a different level, the legal personality of each of the members of the Yakye Axa Community under international human rights law, specifically under the American Convention. 6. In the instant case, what we do not understand is why the Court, once it found that Article 4(1) of the Convention had been abridged, in the aforementioned terms (para. 3, supra), deemed that it did not have “sufficient evidence to prove violation of the right to life” to the detriment of members of the Yakye Axa indigenous Community, who in fact died under the aforementioned conditions, that is, living, or surviving, along the route from Pozo Colorado to Concepción, outside the territory that they claim as their ancestral right. 7. In our opinion, the death of some of these individuals (cf. para. 8 infra.), based on the Court’s own reasoning, rather than requiring a higher standard of proof of the causal link with the demise of these individuals, as the majority of the Court unfortunately deemed, is instead an aggravating circumstance of the abridgment of the right to life (Article 4(1) of the Convention), already established by the Court itself. 8. The following list clearly manifests what we stated above, regarding ten of the sixteen deceased, 1 with regard to whom there is no doubt, in our opinion, that they died due to lack of medical care and as a direct consequence of the completely destitute and truly subhuman conditions under which they lived or survived: 1) Griselda Flores (2 years old): died on March 2, 1997 due to dysentery without receiving medical care before her death; 2) Alcides Morel Chávez (6 years old): died in November 1997 due to dysentery and sores, without receiving medical care before his death; 3) Adolfo Ramírez (64 years old): died on August 15, 1998 due to cachexia, without receiving medical care before his death; With regard to the other six deceased persons, listed below, there may be some doubts regarding the cause of their death: 1) Hilario Gómez (20 years old): he died on March 7, 2005 due to convulsions associated with a congenital neurological lesion, without receiving medical care before his demise; 2) Mauro Fernández Gómez (1 year old): he died on January 20, 1998 of meningitis, without receiving medical care at a hospital before his death. He was discharged after 22 days of hospitalization with a diagnosis of meningitis with ensuing complications and no possibility of being cured; 3) N/N Sosa Chávez (one month old) died in August 1998 due to tetanus. He was seen at the regional hospital in Concepción and released with a diagnosis of tetanus; 4) Santiago Gómez (78 years old) died between June 30 and July 7, 2002, of suffocation, without receiving medical assistance before his death; 5) Ignacio Torales (68 years old) died on January 2, 2003 due to mitral insufficiency –chronic congestive cardiac insufficiency-, without receiving medical assistance before his death; and 6) Severa Benítez Alvarenga (80 years old) died on January 5, 2003 from arrhythmia –chronic congestive cardiac insufficiency- having been examined by physician Pablo Balmaceda prior to her death. 1

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