47 50.89. The INDI filed an appeal and a motion for review against the court order of August 29, 2001 to evict the Community (supra para. 50.87). The Judge hearing the case ruled that said remedies were not in order.150 In face of this situation, on September 26, 2001 the Inter-American Commission recommended that the State adopt precautionary measures in favor of the Yakye Axa Community to suspend execution of said court order.151 To date, the State has not executed the eviction order. 50.90. The file of the instant case before the Inter-American Court does not indicate the current status of this criminal proceeding. iii. Threats 50.91 The members of the Yakye Axa Community have suffered constant threats and harassment during the time since they settled alongside the public road between Pozo Colorado and Concepción. In view of these facts, the members of the Community filed complaints before various State agencies, but there is no indication of any type of investigation having begun.152 d) Living conditions of the members of the Yakye Axa Indigenous Community 50.92. In 1996 a number of members of the Yakye Axa Community decided to leave El Estribo estate and return to the lands claimed as part of their ancestral territory, awaiting a ruling of INDI on their case. They have not been allowed to enter said lands, for which reason they decided to settle alongside the road between Pozo Colorado and Concepción, in the Presidente Hayes Department153 (supra para. 50.8). 50.93. The destitute living conditions of the members of the Yakye Axa Community who have settled alongside the public road are extreme.154 The members of this 150 See order issued by the Criminal Trial Judge of Concepción on September 18, 2001 (file with evidence to facilitate adjudication of the case submitted by the State, Volume III, volume 1956); interlocutory appeal and appeal for reconsideration with a supplementary appeal submitted by the Instituto Paraguayo del Indígena on September 19, 2001 (file with evidence to facilitate adjudication of the case submitted by the State, Volume III, volumes 2000 to 2001), and order issued by the Criminal Trial Judge of Concepción on September 19, 2001 (file with evidence to facilitate adjudication of the case submitted by the State, Volume III, volume 2002). 151 See note regarding precautionary measures addressed by the Inter-American Commission to the State on September 26, 2001 (file with appendixes to the application, appendix 3, volumes 408 to 410). 152 See testimony of Esteban López rendered before the Inter-American Court during the public hearing held on March 4, 2005; testimony of Inocencia Gómez rendered before the Inter-American Court during the public hearing held on March 4, 2005, and statement by Albino Fernández rendered before a notary public on February 10, 2005 (file on the merits, reparations, and costs, Volume III, volume 637). 153 See testimony of Esteban López rendered before the Inter-American Court during the public hearing held on March 4, 2005, testimony of Tomás Galeano rendered before the Inter-American Court during the public hearing held on March 4, 2005, testimony of Inocencia Gómez rendered before the InterAmerican Court during the public hearing held on March 4, 2005, and testimony of Stephen William Kidd rendered before the Inter-American Court during the public hearing held on March 4, 2005. 154 See testimony of Esteban López rendered before the Inter-American Court during the public hearing held on March 4, 2005, testimony of Tomás Galeano rendered before the Inter-American Court during the public hearing held on March 4, 2005, testimony of Inocencia Gómez rendered before the InterAmerican Court during the public hearing held on March 4, 2005, and expert opinion of Pablo Balmaceda rendered before the Inter-American Court during the public hearing held on March 4, 2005.