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