July 30, and it also asked them to be available to participate in a further working meeting in the city of Salta. 59. In response to a request for information from the IACHR to the Argentine State, dated July 29, 2005, the Provincial Attorney of Salta sent different information to the Commission on August 17 and 19, 2005. In this response, the Provincial Attorney indicated that Francisco Perez, the representative of Lhaka Honhat who had signed the request for precautionary measures, had “lost his powers of representation", because on August 12, 2005 the INAI had convened a meeting to appoint representatives of the various indigenous ethnic groups and, as representative of the “wichis”, Indalecio Palermo had been elected by a wide majority as "General Coordinator of Caciques". With respect to the invasions and clandestine extraction of lumber cited in the petitioners’ complaint, the provincial government indicated that such events occur because the vastness of the territory in question (650,000 hectares) made it difficult to supervise the area, which in any case belonged to the provincial government. 60. The Provincial Attorney of Salta argues that the petition submitted to the IACHR is inadmissible because, according to Article 46 of the Convention, in order for a petition to be admitted, the remedies under domestic law must have been pursued and exhausted before the courts. In this respect, the Provincial Attorney indicates that the issue relating to the award of lands belonging to lots 55 and 14 is currently under discussion in the judicial case referred to as "Lhaka Honhat Association of Aboriginal Communities vs Provincial Executive Branch", case 21.648/00, before the Court of Justice of Salta, and that consequently the petitioners have not exhausted domestic remedies. The Province indicates that Lhaka Honhat brought a motion for amparo (constitutional protection) against Decree 461/99 of the Province of Salta and against resolution 423/99 of the General Secretariat of Governance of the Province of Salta, which ordered preparatory measures for the award of State lands. Because the provincial Court of Justice rejected the amparo motion by a judgment of March 14, 2001, the petitioners brought an extraordinary federal appeal which was decided by the Supreme Court of Justice of Argentina on June 15, 2004. The federal Supreme Court overturned the ruling of the court of Salta, on the grounds that that ruling was unfounded because, among other things, the occupants convened had not been duly notified and because the issuing of summonses by edicts did not meet legal requirements. For these reasons, the Supreme Court of Justice of the Nation ordered the Court of Justice of Salta to issue a new ruling, which it has not yet done.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents