42
reasons, that “it is not possible to assert that the property affected by the
precautionary measures is part of the settlement” of the Community.115
50.69. The legal representative of the Yakye Axa Community filed an appeal against
interlocutory order No. 173 mentioned in the previous paragraph.116
50.70. On June 9, 1998 the Appellate Court regarding Civil, Commercial, Labor and
Correctional Affairs and Protection of Minors, at Concepción, upheld the order against
which the appeal had been filed and that had lifted the precautionary measures.117
50.71. On June 29,1998 the attorney for the Yakye Axa Community filed a
constitutional motion before the Constitutional Chamber of the Supreme Court of
Justice against said interlocutory order by the Appellate Court118 (supra para. 50.70).
Likewise, on March 9, 1999 he filed a brief in which he complained of intensive land
clearing, building and excavation in the property affected as a consequence” of the
constitutional motion filed, for which reason he requested protective measures.119
50.72. On June 28, 1999 the Constitutional Chamber of the Supreme Court of Justice
decided that the request for protective measures made by the attorney for the
Community was not in order120 and it subsequently declared termination of the
action with regard to the constitutional motion.121
•
Requested by the INDI
50.73. On April 24, 2002 the INDI asked the courts to order precautionary measures
to restrain alteration of the situation and to register the complaint, with regard to the
real estate that the Executive had requested the Legislative, on January 30, 2002, to
expropriate122 (supra para. 50.58).
115
See interlocutory order No. 173 issued by the Trial court for Civil, Commercial, Labor affairs and
Protection of Minors at Concepción on April 27, 1998 (file with appendixes to the application, appendix 23,
volumes 1358 to 1363).
116
See brief stating the grounds for the appeal submitted by the Yakye Axa Indigenous Community
on May 13, 1998 (file with appendixes to the application, appendix 23, volumes 1364 to 1367).
117
See interlocutory order No. 78 issued by the Appellate Court for Civil, Commercial, Labor,
Criminal, Reformatory Matters and Protection of Minors at Concepción on June 9, 1998 (file with
appendixes to the application, appendix 23, volumes 1369 to 1374).
118
See constitutional motion brief filed by the Yakye Axa Community before the Supreme Court of
Justice of Paraguay on June 29, 1998 (file with appendixes to the application, appendix 23, volumes 1375
to 1378).
119
See complaint regarding new facts, statement and request for the court to order an urgent
measure, submitted by the Yakye Axa Community before the Supreme Court of Justice on March 9, 1999
(file with appendixes to the application, appendix 23, volumes 1379 to 1381).
120
See interlocutory order No. 795 issued by the Supreme Court of Justice of Paraguay on June 28,
1999 (file with appendixes to the application, appendix 25, volumes 1383 to 1384).
121
See interlocutory order No. 375 issued by the Supreme Court of Justice of Paraguay on April 10,
2000 (file with appendixes to the application, appendix 24, volume 1382).
122
See brief requesting precautionary measures to restrain alteration of the situation and register
the complaint filed by the Instituto Paraguayo del Indígena on April 24, 2002 (file with evidence to
facilitate adjudication of the case submitted by the State, Volume I, volumes 807 to 811).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents