3 members to ownership and possession of its ancestral territory, ordering the delimitation, demarcation and granting of title deed to its lands, in accordance with their customary law, values, practices, and customs. 2. Guarantee the exercise of their traditional subsistence activities by the members of the Community. 3. Take such measures as may be necessary to put an end to the state of nutritional, medical, and sanitary emergency of the Community. 4. Take such measures as may be necessary to protect the habitat claimed by the Community, as long as the granting of title deed to their ancestral territory in favor of the Indigenous Community is pending. 5. Establish an effective and simple remedy for the protection of the right of the Indigenous Peoples of Paraguay to claim and have access to their traditional territories. 6. Make reparations, both at the individual and communal level, for the consequences of the violation of the rights listed. 7. Take such measures as may be necessary to avoid similar facts in the future, in accordance with the duty of prevention and guarantee with regard to the basic rights recognized in the American Convention. 8. On November 18, 2002 the Commission forwarded the aforementioned report to the State and granted it two months time, from the date it was sent, to report on the steps taken to comply with its recommendations. On that same date the Commission, in compliance with Article 43(3) of its Rules of Procedure, notified Tierraviva and CEJIL that it had adopted Report on the Merits No. 67/02 and had forwarded it to the State, and ask them to state their position, within one month’s time, with regard to filing the case before the Court. 9. On February 19, 2003, after an extension granted, the State sent its reply to the recommendations made by the Commission in Report on the Merits No. 67/02. After analyzing the State’s reply to the aforementioned recommendations, the Commission decided to file the instant case before the Inter-American Court. IV PROCEEDING BEFORE THE COURT 10. On March 17, 2003 the Inter-American Commission filed the application before the Court, attaching documentary evidence to it and offering witnesses and expert witnesses. Pursuant to Article 22 of the Rules of Procedure, the Commission appointed as its delegates José Zalaquett and Santiago Canton, and as advisors Isabel Madariaga, Ariel Dulitzky and Ignacio Álvarez. Also, pursuant to Article 33 of the Rules of Procedure, the Commission reported that the alleged victims would be represented by CEJIL and Tierraviva (hereinafter “the representatives”). On April 11, 2003 the Secretariat of the Court (hereinafter “the Secretariat”), after a preliminary examination by the President of the Court (hereinafter “the President”), sent a notification to the State with the application and its annexes, and informed the State of the deadlines for its reply and to appoint its representatives in the proceeding. On that same day the Secretariat, under instructions by the President, informed the State of its right to appoint an ad hoc Judge to participate in the hearing of the case. Likewise, on April 10, 2003, the Secretariat, pursuant to the provisions of Article 35(1)e of the Rules of Procedure, sent a notification with the application to the representatives, and informed them that they had 30 days to submit their brief with pleadings, motions and evidence.

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