15
76.
In its reply to the lawsuit (supra para. 37), the State attached copies of 16
documents contained in 14 annexes.2
77.
During the preliminary objections stage, the State submitted copies of 26
documents.3
addressed to Felipe Rodríguez Chávez, Ambassador, Permanent Representative of Nicaragua to the OAS;
and resolution No. 17-08-10-97 of October 9, 1997, by the Regional Council of the RAAN.
2
cfr. annex I, contract for comprehensive forest management signed on March 26, 1992, by
Jaime Castillo Felipe, Siriaco Castillo, Charly Webster Mclean Cornelio, Marcial Salomón, Genaro Mendoza
and Arnoldo Clarence Demetrio, representing the Awas Tingni Community, and Francisco Lemus Lanuza,
representing Maderas y Derivados de Nicaragua S.A.; annex II, Law No. 14, “Amendments to the
Agrarian Reform Law”, published in the official newspaper La Gaceta, No. 8, on January 13, 1986; annex
III, certification by notary public of article 50 of Law No. 290 published in the official newspaper La
Gaceta, No. 102, on June 3, 1998; annex IV, Law No. 28, “Statute on Autonomy of the Atlantic Coast
Regions of Nicaragua”, published in the official newspaper La Gaceta, No. 238, on October 30, 1987;
annex V, document “Annex A Research Universe”; annex VI, official letter DSP-E-9200-10-98, addressed
on October 13, 1998, by the Secretary of the Presidency of the Republic of Nicaragua to Noel Pereira
Majano, Secretary of the National Assembly; October 13, 1998 brief by Arnoldo Aleman Lacayo, President
of the Republic of Nicaragua, to Noel Pereira Majano, Secretary of the National Assembly; draft law of
October 13, 1998, “Organic Law Regulating the Communal Property System of the Indigenous
Communities of the Atlantic Coast and ABOSAWAS”; annex VII, September 12, 1998 brief by Roberto
Wilson Watson and Emilia Hammer Francis, respectively President and Secretary of The Ten Indigenous
Communities, to Virgilio Gurdian, Director of the Nicaraguan Agrarian Reform Institute (INRA); annex
VIII, Septermber 11, 1998 certificate issued by Otto Borst Conrrado, legal representative of the
Indigenous Community of Tasba Raya; annex IX, September 11, 1998 brief by Rodolfo Spear Smith,
General Coordinator of the Indigenous Community of Karata, to Virgilio Gurdian, Minister of INRA; annex
X, document “Block of the Ten Communities” on pages 125 to 130 of the “General diagnostic study on
land tenure in the indigenous communities of the Atlantic Coast. Case studies, analytical ethnographic
section and ethno-maps. Final Report”, March, 1998, prepared by the Central American and Caribbean
Research Council; annex XI, May 5, 1995 document in which the State Forestry Administration of Marena
“makes known to the public” the “Request for Forest Management and Utilization” by the “KUMKYUNG Co.
Ltd.; annex XII, official letter DSDG-RMS-02-Crono-014-10-98, on October 8, 1998, by Rosario Meza
Soto, Deputy Director General of the National Institute of Statistics and the Census (INEC), to Fernando
Robleto Lang, Secretary of the Presidency;
by Garcia Cantarero, Drew, Advisor to the Minister of
MARENA, to Edmundo Castillo, of the Presidential Secretariat, and annex XII, September 11, 1998 note
by Garcia Cantarero, Drew, Advisor to the Minister of MARENA, to Edmundo Castillo, of the Presidential
Secretariat; and annex XIV, September 11, 1998 brief by Garcia Cantarero, Drew, Advisor to the Minister
of MARENA, to Edmundo Castillo, of the Presidential Secretariat.
3
cfr. official letter MN-RSV-02-0113.98 of February 16, 1998 by Roberto Stadhagen Vogl,
Minister of MARENA, addressed to Michael Kang, General Manager of SOLCARSA; judgment No. 11 of
February 27, 1997 by the Constitutional Court of the Supreme Court of Justice of Nicaragua regarding the
amparo remedy filed on September 11, 1995, before the Appellate Court of Matagalpa by María Luisa
Acosta Castellón as special agent for Jaime Castillo Felipe, Marcial Salomón Sebastián and Siriaco Castillo
Fenley, Syndic and Deputy Syndics, respectively, of the Mayagna Awas Tingni Community, against Milton
Caldera Cardenal, Minister of MARENA, Roberto Araquistain, Director of MARENA’s National Forestry
Service, and Alejandro Lainez, Director of MARENA’s National Forestry Administration; table “Receival of
Amparo Remedies from 1995 to August 15, 1998”; table “Comparative Analysis of Amparo Judgments
from 1995 to the first semester of 1998”; certificate issued on August 5, 1998 by Virgilio Gurdián
Castellón, Minister Director of INRA; copy of the first page of the March, 1996 brief requesting “official
recognition and demarcation of the ancestral lands” of the Mayagna Awas Tingni Community, addressed
to the Regional Council of the RAAN; February 7, 1997 document “Ownership Conflicts in Nicaragua,
1996”, prepared by John Strasma; certificate issued on August 18, 1998 by Edgar Navas, Advisor and
Assistant to the Minister of the Presidency; certificate issued on August 5, 1998 by Virgilio Gurdián
Castellón, Minister Director of INRA; August, 1998 projections and maps on the location of indigenous
areas in the national territory of Nicaragua within the RAAN, prepared by the Office of the Director of
Geodesics and Cartography at the Nicaraguan Institute of Territorial Studies (INETER); August, 1998
report “Juridical Framework and Activities Carried Out by the State for Demarcation and Titling of the
Lands of the Indigenous Communities of the Atlantic Coast of Nicaragua”, prepared by the High-level
Directorate of INRA; list of support programs and projects submitted by the Government of Nicaragua to
the Advisory Group in Stockholm, Sweden, “in support of the country’s Autonomous Regions and,
specifically, the indigenous communities”; a copy, certified by a notary public, of page two hundred and
ninety-five to page three hundred and two of the Boletín Judicial of the Supreme Court of Justice of