38
proceedings and not in isolation because she is an alleged victim and has a direct
interest in the case.20
123. The State opposed the Commission’s request, “endorsed by the
representatives, that the Court “consider the expert evidence provided in the Mayagna
(Sumo) Awas Tingni Community case, judgment of August 31, 2001, Series C No. 79,
as part of the body of evidence and decide that the references to the history, situation
and organization of the indigenous people of the Atlantic Coast of Nicaragua should be
incorporated into the instant case (supra paras. 25 and 26). The State declared, inter
alia, that “this alleged evidence is inadmissible and unacceptable, because it refers to a
different issue (elections and territorial demarcation), with no correlation between the
persons allegedly prejudiced.” The Court considers it is pertinent and useful to
incorporate the expert evidence given before the Court by Rodolfo Stavenhagen
Gruenbaum, to the extent that it refers to the history, situation and organization of the
indigenous people of the Atlantic Coast of Nicaragua, and assesses this expert
evidence with the body of evidence, applying the rules of sound criticism and bearing
in mind the State’s observations (supra para. 25).
VII
PROVEN FACTS
124. Based on the evidence provided, and taking into consideration the statements
made by the parties, the Court finds that the following facts have been proved:
CONCERNING THE CARIBBEAN OR ATLANTIC COAST OF NICARAGUA
124(1)
The population of Nicaragua is multiethnic, multicultural and multilingual
and includes different indigenous and ethnic communities that inhabit the North
Central and Pacific Region, as well as the Caribbean or Atlantic Coast.21
124(2)
Chapter VI of the Nicaraguan Constitution entitled “Rights of the Atlantic
Coast communities” establishes that these communities “are an indissoluble part of the
Nicaraguan people” and have the right “to preserve and develop their cultural identity
within national unity; establish with their own forms of social organization and
administer their local affairs in accordance with their traditions.”22
20
Cf. Case of Caesar, supra note 11, para. 47; Case of the Serrano Cruz Sisters, supra note 10, para.
45; and Case of Lori Berenson Mejía, supra note 11, para. 78.
21
Cf. Desarrollo humano en la Costa Caribe de Nicaragua [Human Development in the Caribbean
Coast of Nicaragua]. Report prepared by the Programa Nacional de Asesoría para la Formulación de Políticas
with the support of the Consejo Nacional de Planificación Económica Social (CONPES) (file of appendixes to
the application, tome II, appendix 7, folio 470); Article 5 of the 1987 Constitution of the Republic of
Nicaragua with the constitutional reforms. Official publication of the President’s Office (appendixes to the
brief with preliminary objections, answering the application and with comments on the brief with requests
and arguments, appendix C); Act No. 28 of October 30, 1987, entitled “Statute of Autonomy of the Atlantic
Coast Regions of Nicaragua”; and map entitled “Nicaragua, un país multilingüe, multiétnico y multicultural”
(file of appendixes to the brief with requests and arguments, appendix 4, folio 913).
Cf. 1987 Constitution of the Republic of Nicaragua with the constitutional reforms. Official
publication of the President’s Office (appendixes to the brief with preliminary objections, answering the
application and with comments on the brief with requests and arguments, appendix C).
22
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