6
approval. The estimated time for the whole procedure is about three months from
today’s date.
b)
Regarding the recommendation to suspend all activity relating to the logging
concession granted to SOLCARSA and to comply with the judgment of the Supreme
Court of Justice, the Government of Nicaragua cancelled this concession on February
16, 1998. On that day, it notified Michael Kang, General Manager of SOLCARSA[,] that,
as of that date, the concession was null and void. He was also advised that he should
order the suspension of all activities and warned that, to the contrary, he would be
violating Article 167 of the Constitution and be liable to having either a criminal or civil
suit brought against him.
c)
Regarding the recommendation to initiate discussions with the Awas Tingni
[C]ommunity, the Government of Nicaragua is firmly committed to finding a global
solution for all the indigenous communities of the [A]tlantic [C]oast, within the
framework of the [C]ommunal [P]roperty Draft Bill, and to this end, there will be
extensive consultations with these communities.
27.
As regards the conclusions of Report No. 27/98, the Nicaraguan State
expressed its acknowledgment of the rights of the indigenous communities,
enshrined in its Constitution and other legislative norms. It further stated that it
has faithfully complied with the previous legal provisions and, consequently, it has acted
in accordance with the national legal system and the provisions of the rules and
procedures of the [American] Convention [on] Human Rights. Likewise, the Community
of Awas Tingni exercised their rights as set forth in the law and had access to the legal
remedies that the law provides.
Finally, Nicaragua requested that the Inter-American Commission close the instant
case.
28.
On May 28, 1998, the Commission decided to bring the case before the Court.
IV
PROCEEDING BEFORE THE COURT
29.
The Commission filed the application before the Court on June 4, 1998.
30.
The Commission appointed Claudio Grossman and Hélio Bicudo as its
delegates, David Padilla, Hernando Valencia and Bertha Santoscoy, as its legal
advisors, and James Anaya, Todd Crider, and María Luisa Acosta Castellón as the
assistants.
31.
On June 19, 1998, after a preliminary examination of the application by the
President of the Court (hereinafter “the President”), the Secretariat of the Court
(hereinafter “the Secretariat”) notified the State of the application, as well as of the
periods within which it should respond to it, raise preliminary objections, and appoint
its representatives. Furthermore, it invited the State to appoint an ad hoc Judge.
That same day, the Secretariat requested the Commission to send some pages of the
petition annexes which were illegible.
32.
On July 2, 1998, Nicaragua appointed Alejandro Montiel Argüello as ad hoc
Judge, and Edmundo Castillo Salazar as its agent.
33.
That same day, the Commission submitted to the Court copies of the
application annex pages requested by the Secretariat (supra para. 31), as well as the