7
addresses and powers of attorney of the representatives of the victims, with the
exception of Todd Crider’s power of attorney, which was submitted on July 24, 1998.
34.
On August 18, 1998, the State attested the appointment of Rosenaldo J.
Castro S. and Bertha Marino Argüello as its legal advisors.
35.
On August 19, 1998, Nicaragua filed the preliminary objection stating that
domestic remedies had not been exhausted, pursuant to articles 46 and 47 of the
Convention, and requested that the Court declare the application inadmissible.
36.
On September 25, 1998, the Commission submitted its observations to the
preliminary objection raised by the State.
37.
On October 19, 1998, the State submitted its reply to the application.
38.
On January 27, 1999, the Organization of Indigenous Syndics of the
Nicaraguan Caribbean (OSICAN) submitted a brief as amicus curiae. On February 4,
1999, the Secretariat received a note from Eduardo Conrado Poveda, in which he
acceded to the abovementioned amicus curiae brief.
39.
On March 15, 1999, the Secretariat requested that the State send various
documents offered as annexes in the briefs of reply to the application and on
preliminary objections, which had not been submitted at that time. Documents
requested from the reply to the application were: pages 129 and 130 of annex 10;
maps and physical descriptions offered in annex 15, and documents pertaining to
titling of neighboring communities to Awas Tingni, offered in that same annex. The
following documents were requested for annex 10 of the brief on preliminary
objections: estimated projections of the geographical location of the area claimed by
the Awas Tingni Community, claims by other communities, “overlap” of claims, ejido
lands, national lands, and other illustrations relevant to the case; a certification by
the Instituto Nicaragüense de Reforma Agraria (hereinafter “INRA”) in connection
with the request for titling by the Awas Tingni Community; the Nicaraguan
Constitution; certification of articles of the Nicaraguan Legal Codes, relevant Laws
and Decrees, and certification of the actions taken by Central Government
institutions, decentralized bodies or autonomous entities, and other institutions of
the National Assembly and the Supreme Court of Justice of Nicaragua.
40.
On May 26, 1999, the State submitted a brief to which it attached the
following documents: the Nicaraguan Constitution, with its amendments, the Amparo
Law, Law No. 290 and pages 8984 to 8989 of the Official Newspaper La Gaceta No.
205, of October 30, 1998. In that same brief, Nicaragua stated that it would not
submit the maps and physical descriptions offered as annex 15 in its brief replying to
the application, because “the maps submitted with the brief on preliminary
objections show the geographical location of the area claimed by the Community,
claims by other communities, physical descriptions, and so forth”. The State also
expressed that it would not submit the INRA certification regarding titling of the
Awas Tingni Community, offered as annex 10 of the brief on preliminary objections,
“because that same brief […] included a certification issued by that institution on this
same affair, on August 5, 1998”. Regarding pages 129 and 130 of annex 10 of the
brief replying to the application, the State indicated that said annex actually ended
on page 128. As regards the documents pertaining to titling of other indigenous
communities, the State pointed out that, if it deemed this appropriate, it would
submit them later on during the proceedings.