41
remedy, immediately lifting the prohibition in force on Loma Verde estate for the
members of the indigenous Community to hunt and fish for subsistence purposes in
the area of said estate.” 109
50.63. On April 17, 1997 the Civil and Commercial Trial Court, tenth rotation,
Secretariat No. 19, decided that “the amparo remedy IS NOT IN ORDER” (highlighted
in the original). The court deemed that said application should be dismissed
“because the term allotted to submit it had expired.”110
50.64. This decision was upheld on May 28, 1997 by the Civil and Commercial
Appellate Court, Fifth Chamber;111 and on July 1, 1999 by the Constitutional Court of
the Supreme Court of Justice of Paraguay.112
Precautionary Measures to
complaint
•
restrain
innovation
and
register
the
Requested by the attorneys of the Yakye Axa Community
50.65. On October 13, 1997 the attorney for the Yakye Axa Community requested,
on the basis of Article 2 of Law No. 43/89 on Indigenous Settlements (hereinafter
“Law No. 43/89), a measure to restrain alteration and register the complaint in
connection with “the lands that constitute the traditional settlements of the
Community.”113
50.66. On November 26, 1997 the Trial court for Civil, Commercial, Labor affairs and
Protection of Minors at Concepción ordered the measure to restrain alteration and
register the complaint regarding said real estate.114
50.67. With regard to the above, the legal representative of Livestock Capital Group
INC, Agricultural Development INC and Florida Agricultural Corporation filed a motion
to lift the precautionary measures.
50.68. On April 27, 1998 the Judge of the Trial Court regarding Civil, Commercial,
Labor Affairs and Protection of Minors, at Concepción accepted said request by
means of interlocutory order No. 173, and decided to lift the previous order to
restrain alteration of the situation and register the complaint, deeming, among other
109
See brief to file an amparo remedy submitted by the Yakye Axa Indigenous Community on March
3, 1997 (file with appendixes to the application, appendix 20, volumes 1341 to 1343).
110
See ruling No. 275 issued by the Civil and Commercial Trial Court, tenth rotation, Secretariat No.
19 on April 17, 1997 (file with appendixes to the application, appendix 10, volumes 1281 to 1287).
111
See decision and ruling No. 30 issued by the Civil and Commercial Appellate Court, Fifth
Chamber, on May 28, 1997 (file with appendixes to the application, appendix 10, volumes 1288 to 1289).
112
See decision and ruling No. 365 issued by the Supreme Court of Justice of Paraguay on July 1,
1999 (file with appendixes to the application, appendix 22, volumes 1348 to 1350).
113
See request for measure to restrain alteration and register the complaint submitted by the Yakye
Axa Community before the Trial court for Civil, Commercial, Labor affairs and Protection of Minors at
Concepción on October 13, 1997 (file with appendixes to the application, appendix 23, volumes 1351 to
1353).
114
See interlocutory order No. 413 issued by the Trial court for Civil, Commercial, Labor affairs and
Protection of Minors at Concepción on November 26, 1997 (file with appendixes to the application,
appendix 23, volume 1354).
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