45
[“representante convencional”] for the Yakye Axa Indigenous Community.135 On May
5 of that year, the Judge decided to “acknowledge the petitioner as representative,
with his domicile in the place stated,” and ordered photocopies of the records and an
official letter to INDI for it to report whether the Yakye Axa Community is registered
in said institution and who are its representatives.136 That same day the private
accuser objected to participation of Oscar Ayala Amarilla as agent for the
Community, and the judge therefore decided to revoke “by reversing his decision in
the exercise of his prerrogative the order issued on that date […] as regards
photocopies of these records, until INDI replies.”137
50.82. On June 17, 1999 several members of the Community were summoned to
render informative statements before the Judge who was hearing the case.138
However, the records of the proceeding before said trial court do not show whether
these persons appeared before the Judge to render said informative statements.
50.83. On July 21, 2000, the private accuser complained that “in the framework of
an agreement with the Servicio Nacional de Promoción Profesional (SNPP), the
members [of the Yakye Axa Community] received a first group of 50 boxes for
beekeeping,” which were located within the Loma Verde estate, “about 150 meters
south of the road between Concepción and Pozo Colorado.”139 That same day, the
Judge ordered a judicial inspection at said Loma Verde estate, to corroborate the
facts stated in the complaint.140
50.84. On July 24, 2000 the Judge hearing the case went to Loma Verde estate and
corroborated the existence of three beekeeping boxes within said property, for which
reason he ordered their confiscation and deposit in said court.141
50.85. On August 30, 2000 the Judge hearing the case ordered as a precautionary
measure “prohibition for the indigenous community members living on the
135
See request for participation of the agent for the Community and copy of proceedings of May 3,
1999 (file with evidence to facilitate adjudication of the case submitted by the State, Volume II, volume
1495).
136
See order of May 5, 1999 issued by Judge of the Trial Court for Criminal Matters and Correctional
Affairs for Minors of the Judicial Circumscription of Concepción (file with evidence to facilitate adjudication
of the case submitted by the State, Volume II, volume 1496).
137
See order of May 5, 1999 issued by the Judge of the Trial Court for Criminal Matters and
Correctional Affairs for Minors of the Judicial Circumscription of Concepción (file with evidence to facilitate
adjudication of the case submitted by the State, Volume II, volume 1503).
138
See certificates of notification on June 17, 1999 to Daniel Ciriaco, Pedro García, Raimundo
Galarza, César Chávez Fernández, Daniel González, Pablino Chávez, Juan Torales, Alejandro Álvarez,
Clarita Galarza, Celso Flores, Venancio Flores, Silvio Ramón, Marciano Solano, Basilio Martínez, Albino
Fernández, Marcial Chico Ávalos, Anuncio Gómez, Cirilo Gómez, Marcos Yegros, Zacarias Flores, Dionisio
Flores and Elias Ávalos (file with evidence to facilitate adjudication of the case submitted by the State,
Volume II, volumes 1502 to 1579).
139
See complaint filed on July 21, 2000 by Daniel Sosa, attorney for the private accuser (file with
evidence to facilitate adjudication of the case submitted by the State, Volume II, volumes 1702 to 1705).
140
See ruling issued by the Criminal Trial Judge of Concepción on July 21, 2000 (file with evidence
to facilitate adjudication of the case submitted by the State, Volume II, volume 1706).
141
See visual inspection record prepared by the Criminal Trial Judge of Concepción on July 24, 2000
(file with evidence to facilitate adjudication of the case submitted by the State, Volume II, volumes 1709
to 1710).
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