Order of the
Inter-American Court of Human Rights
of February 2, 2007
Case of Sawhoyamaxa Indigenous Community v. Paraguay
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.
The judgment on the merits, reparations, and costs delivered in the present
case by the Inter-American Court of Human Rights (hereinafter “the Court”, “the
Inter-American Court” or “the Tribunal”) on March 29, 2006, through which, it
unanimously
DECLARE(D) THAT
1.
the State violated the rights to a fair trial and to judicial protection firmly
entrenched in Articles 8 and 25, respectively, of the American Convention on Human
Rights, with regard to Articles 1(1) and 2 of said, to the detriment of the members of the
Sawhoyamaxa indigenous community, pursuant to paragraphs 87 to 89 and 93 to 112 of
[ … ] judgment.
2.
the State violated the right to property firmly entrenched in Article 21 of the
American Convention on Human Rights, with regard to Articles 1(1) and 2 of said, to the
detriment of the members of the Sawhoyamaxa indigenous community, pursuant to
paragraphs 117 to 144 of the [ … ] judgment.
3.
the State violated the right to life firmly entrenched in Article 4(1) of the
American Convention on Human Rights, with regard to Articles 1(1) and 19 of said,
pursuant to paragraphs 150 to 178 of the [ … ] judgment.
4.
it [was] not necessary to rule on the right to personal safety, pursuant to
paragraph 185 of the [ … ] judgment.
5.
the State violated the right to juridical personality firmly entrenched in Article 3
of the American Convention on Human Rights, with regard to Article 1(1) of said, to the
detriment [of] NN Galarza, Rosana López, Eduardo Cáceres, Eulalio Cáceres, Esteban
González Aponte, NN González Aponte, Niño Yegros, Jenny Toledo, Guido Ruiz Díaz, NN
González, Luis Torres Chávez, Diego Andrés Ayala, Francisca Britez, Silvia Adela Chávez,
Derlis Armando Torres, Juan Ramón González, Arnaldo Galarza and Fátima Galarza,
pursuant to paragraphs 186 to 194 of the [ … ] judgment.
[…]
And order(ed) that:
6.
the State undertake all the legislative, administrative, and any other type of
measure necessary to physically and formally hand over, within a period not to exceed
three years, to the members of the Sawhoyamaxa community their traditional territories,
pursuant to paragraphs 210 to 215 of the [ … ] judgment.
7.
the State establish a community development fund, pursuant to paragraphs 224
and 225 of the [ … ] judgment.
8.
the State make payment for non-pecuniary damage, costs, and expenditures,
within a period of one year, as of the date of notification of the [ … ] judgment , pursuant
to paragraphs 218, 226 and 227 of the [ … ] judgment.

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