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.