8
41.
On May 28, 1999, the Canadian organization Assembly of First Nations (AFN)
submitted a brief in English, acting as amicus curiae. The Spanish version of that
document was presented in February, 2000.
42.
On May 31, 1999, the organization International Human Rights Law Group
submitted a brief in English, acting as amicus curiae.
43.
A public hearing was held on preliminary objections, at the seat of the Court,
on May 31, 1999.
44.
On February 1, 2000, the Court rendered its Judgment on preliminary
objections, in which it dismissed the preliminary objection raised by Nicaragua.
45.
On February 2, 2000, the Secretariat requested that the Commission send the
definitive list of witnesses and expert witnesses offered by the Commission to render
testimony at the public hearing on the merits of the case. The Commission
submitted said information on the 18th of that same month and year.
46.
On March 20, 2000, the President issued an Order convening the InterAmerican Commission and the State to a public hearing on the merits, to be held at
the seat of the Court on June 13, 2000. That public hearing did not take place due to
budgetary cutbacks which made the Court postpone its XLVIII Regular Session, at
which that hearing was to take place.
47.
On April 7, 2000, the State submitted a brief stating “the names of the
persons who w[ould] explain the content and scope of the documentary evidence
offered at the appropriate time”, for the following persons to be heard as witnesses
and expert witnesses at the public hearing on the merits of the present case: Marco
Antonio Centeno Caffarena, Director of the Office of Rural Titling; Uriel Vanegas,
Director of the Secretariat of Territorial Demarcation of the Regional Council of the
RAAN; Gonzalo Medina, advisor and an expert in Geodesics and Cartography at the
Nicaraguan Institute of Territorial Studies, and María Nella Rocha, Special Public
Attorney for the Environment at the Office of the Attorney General of the Republic.
The arguments submitted by the State in said brief indicate that testimony of the
witnesses and expert witnesses offered would contribute to establishing:
a)
damages caused to property rights of indigenous communities that are
neighbors of the Mayagna Awas Tingni Community, if title were given to the
disproportionate area claimed by that Community [;]
b)
damages to land claims of the rest of the indigenous communities of the
Atlantic Coast of Nicaragua, if the disproportionate area claimed by the Awas Tingni
Indigenous Community were allocated to it;
c)
the interest of the State in carrying out an equable and objective titling process
on the lands of the Indigenous Communities, which will safeguard the rights of each one
of the Communities; arguments presented in the brief on Preliminary Objections and in
the Reply to the Application, and supported by documents submitted by means of the
Annexes previously referred to.
48.
On April 13, 2000, the Commission sent a brief in which it requested that the
Court order the State to adopt “the necessary measures to ensure that its officials do
not act in such a way that they tend to apply pressure on the Community to give up
its claim, or that tends to interfere in the relationship between the Community and
its attorneys, [, and…] that it cease to attempt to negotiate with members of the