56 i) there has not been a delay of more than ten years in the land claim procedure, since the Community received legal status on December 10, 2001. The legal status granted to the Community by Decree No. 15.228 is what gives it the right to the claims it is entitled to as an indigenous people, bearing in mind that the indigenous property provided for in the Constitution and the laws in force in Paraguay is communal, rather than individual; j) in all domestic proceedings in this case there has been full participation of the attorneys of the alleged victims, they have had access to all legal and procedural mechanisms to attain their rights, and they have ultimately received guarantees of enforcement of the decisions, which unfortunately, due to insuperable procedural errors, were adverse; k) the domestic legal provisions in Paraguay on indigenous peoples are diverse and numerous. They are necessarily complemented by those in force for the rest of the population, which are also part of the set of laws in force. It is true that procedural legislation and legislation on the substantive issues is neither definitive nor conclusive, but that is because the laws are neither eternal nor unchanging, but rather dependent on the requirements of historical social circumstances and the needs of the citizens; l) The 1992 Constitution that is in force, ILO Convention No. 169, Law No. 1863/02 on the Agrarian Statue, Law No. 904/81, the General Law on Education, No. 1.264/98, and the Criminal Procedures Code, among other provisions, demonstrate the efforts that are being made to adjust legislation in terms of participatory and democratic parameters that restated national objectives in view of comprehensive development goals of the citizenry in general and of specific collectivities, such as the indigenous peoples, and m) Legislation in force regarding access to land is perfectible and therefore requires a special provision to address the situation entailed by acknowledgment of the right to traditional indigenous property vis-à-vis the right of the current owners of private property. In this regard, there is a need to implement legislation for an effective and rapid remedy that can be applied in said situations of conflicting rights. Considerations of the Court 55. Article 8 of the American Convention provides that: 1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: [...]

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