ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF SEPTEMBER 6, 2002∗
PROVISIONAL MEASURES REQUESTED BY
THE REPRESENTATIVES OF THE VICTIMS WITH RESPECT TO THE
REPUBLIC OF NICARAGUA
MAYAGNA (SUMO) AWAS TINGNI COMMUNITY
HAVING SEEN:
1.
The August 31, 2001 judgment of the Inter-American Court of Human Rights
(hereinafter “the Inter-American Court” or “the Court”) in the Mayagna (Sumo) Awas
Tingni Community Case.1
2.
The brief filed by the representatives of the Mayagna (Sumo) Awas Tingni
Community on July 19, 2002, in which they submitted to the Inter-American Court
of Human Rights, pursuant to Articles 63(2) of the American Convention on Human
Rights (hereinafter “the Convention” or “the American Convention”) and 23 of the
Rules of Procedure of the Court, a request for Provisional Measures in favor of the
Mayagna Community, “with [the] aim of comprehensively maintaining the right of
the Community to use and enjoy its lands and resources, as recognized by the
judgment of the Court on the merits and reparations in the instant case.”
3.
The aforementioned brief by the representatives of the Community (supra 2)
in which they requested that the Court order the Republic of Nicaragua (hereinafter
“the Nicaraguan State,” “the State” or “Nicaragua”) to “adopt provisional measures
to avoid immediate and irreparable damage resulting from current and continuous
activities of third parties who have established themselves in the territory of the
Community or who exploit natural resources existing in that territory,” as well as the
following specific measures:
a.
To conduct an exhaustive technical inspection on presence, agricultural
activities and logging in the territory.
The conclusions of this inspection will be
submitted to the Inter-American Commission and to the Community.
b.
Delimitation of areas currently under agricultural use and occupation within the
territory, and suspension of all expansion in those areas until the delimitation,
demarcation, and titling of lands belonging to the Community has been carried out.
c.
Putting into practice all appropriate measures to ensure definitive suspension of
settlement of new settlers within the territory.
∗
Judge Máximo Pacheco Gómez informed the Court that due to reasons of force majeure, he would
be unable to attend the deliberation and signing of the instant Resolution.
1
I.A. Court of H.R. Mayagna (Sumo) Awas Tingni Community Case. August 31, 2001 Judgment.
Series C No. 79.