5
procedure; the measures taken; the progress achieved in the procedure
under this law, and the current status of the procedure; and
ii)
The specific measures taken to abstain from carrying out [to
protect from] any acts that might lead State agents, or third parties
acting with its acquiescence or its tolerance, to affect the existence,
value, use or enjoyment of the property located in the geographic area
where the members of the Mayagna (Sumo) Awas Tingni Community
live and carry out their activities, until the delimitation, demarcation and
titling of the lands of the Community has been carried out;
(c)
The obligation, “in equity, as reparation for non-pecuniary damage,
within 12 months [to] invest the sum of US$50,000 (fifty thousand United
States dollars) in works or services of collective interest for the benefit of the
Mayagna (Sumo) Awas Tingni Community, by common agreement with the
Community and under the supervision of the Inter-American Commission on
Human Rights” (sixth operative paragraph of the judgment of August 31,
2001). In this regard, although the State has reported on the official delivery of
the student hostel, and both the Commission and the representatives have
indicated that the State has handed over this building, the Court requires the
State to submit updated information, specifically mentioning the total cost of
the work, and the way in which the interest on arrears owed was calculated, so
that it may assess compliance with this operative paragraph; and
(d)
The obligation, “in equity, [to] pay the members of the Mayagna (Sumo)
Awas Tingni Community, through the Inter-American Commission on Human
Rights, the sum of US$30,000 (thirty thousand United States dollars) for
expenses and costs incurred by the members of that Community and their
representatives in the domestic proceedings and in the international
proceedings before the inter-American protection system” (seventh operative
paragraph of the judgment of August 31, 2001).
12.
That monitoring compliance with the judgments delivered by the InterAmerican Court is carried out by means of a written procedure, in which the State in
question must submit any reports that the Court requests, and the Inter-American
Commission and the victims or their legal representatives must forward their
respective observations. Despite this, the Court itself has recognized that, should it be
opportune and necessary, it can convene the parties to a hearing to listen to their
arguments on compliance with the judgment, and it has done so in previous cases.4
13.
That, regarding hearings, Article 14(1) of the Rules of Procedure stipulates that:
4
Cf. Sawhoyamaxa Indigenous Community v. Paraguay. Monitoring Compliance with Judgment. Order
of the President of the Inter-American Court of Human Rights of December 14, 2007; Yakye Axa Indigenous
Community v. Paraguay. Monitoring Compliance with Judgment. Order of the President of the Inter-American
Court of Human Rights of December 14, 2007; Caballero Delgado and Santana v. Colombia. Monitoring
Compliance with Judgment. Order of the Inter-American Court of Human Rights of December 10, 2007;
Ricardo Canese v. Paraguay. Monitoring Compliance with Judgment. Order of the President of the InterAmerican Court of Human Rights of December 10, 2007; “Juvenile Reeducation Institute” v. Paraguay.
Monitoring Compliance with Judgment. Order of the President of the Inter-American Court of Human Rights
of December 10, 2007; Blake v. Guatemala. Monitoring Compliance with Judgment. Order of the President of
the Inter-American Court of Human Rights of October 29, 2007; Garrido and Baigorria v. Argentina.
Monitoring Compliance with Judgment. Order of the President of the Inter-American Court of Human Rights
of October 29, 2007; and the “White Van” (Paniagua Morales et al.) v. Guatemala. Monitoring Compliance
with Judgment. Order of the President of the Inter-American Court of Human Rights of October 29, 2007.