partially admissible and determined that the authors were entitled to compensation from FUNAI. The State adds that such ordinary action is still pending decision on appeal. 25. Regarding the rights allegedly violated, the State emphasizes in general that the processes of demarcation of indigenous lands have an inherent complexity, particularly in relation to non-indigenous occupants. According to the State, the Inter-American Court itself has recognized such complexity. In this regard, the State asserts that there are different interests involved in these processes, particularly of nonindigenous occupants who live in that territory and who cannot be forcibly evicted without due process and just compensation. Thus, the State argues that the deadline for the demarcation of the Xucuru indigenous territory was reasonable and was justified by the complexity of the matter. 26. The State also argues that, in regard to the procedural activity of the interested parties, the actions promoted by non-indigenous third parties to challenge the demarcation of the Xucuru indigenous territory must be taken into account in assessing the reasonableness of the time. The State argues that the term "interested" should be interpreted broadly, not narrowly, to ensure that there are no limitations imposed to the human rights of third parties, particularly non-indigenous who have legitimate rights over the indigenous territory. 27. In conclusion, the State acknowledges the delay in the demarcation process and the effective "peaceful enjoyment" of the Xucuru indigenous territory by the alleged victims, but claims that this is justified both by the complexity of the matter and the procedural activity of other interested parties. The State also notes that Brazilian legislation and public policies primarily implemented by FUNAI, duly the guarantee the right to property of indigenous people. The State adds that, pursuant to the obligation to take steps to enforce the rights enshrined in the inter-American instruments, it conducted an extensive process of consultation with indigenous peoples and leaders, including Cacique Marquinhos of Xucuru, to prepare the bill of the new "Statute of the Indigenous”, presented to the Chamber of Deputies on August 13, 2009. The State also notes that during the 2nd National Conference of the Judicial Branch, in 2009, the National Justice Council (hereinafter "CNJ") established as one of its ten core objectives "to identify the oldest legal proceedings and take concrete measures to judge all those [proceedings] distributed until December 31, 2005 (in 1st and 2nd instance or higher courts)", in order to ensure the right to justice within a reasonable time. 28. Finally, the State notes that the alleged "criminalization of indigenous leaders" of the Xucuru people, alleged by the petitioners in the merits stage, does not allow the exercise of the principles of contradictory and defense by the State, because it was presented in a general manner without specifying what were the "innumerable criminal actions" promoted by the MPF against the Xucuru indigenous people. The State emphasized that the facts object of the case were delimitated by the Commission in its Admissibility Report No. 98/09 without including said aspects. IV. PROVEN FACTS A. The Xucuru indigenous people 29. According to an expert opinion by anthropologist Vânia Fialho, who participated in the process of demarcation of the Xucuru indigenous territory as a consultant for FUNAI, "The Xucuru Indigenous Land, divided into 23 'villages' or settlements, has an estimated population of 7,C000 indigenous people (being the largest indigenous population in northeastern Brazil). It is located in the municipality of Pesqueira, state of Pernambuco, at 216 kilometers from the city of Recife." Also, the anthropologist states that "there are historical references to the indigenous Xucuru since the sixteenth century" and that "official documents of the Government of Pernambuco, in the mid-eighteenth century, indicate that the colonization of the region inhabited by the Xucurus began from the Town of Cimbres, formerly known as Ararobá Village, which served as a catechism center for several local indigenous groups for about two centuries." 8 FIALHO, Vânia. Estratégias e Tentativas de Regularização da Terra Indígena Xucuru, quoted in Communication from the petitioners, October 10, 2002, pgs. 4 and 5. See, in the same, the State Communication of July 21, 2009. Annex (document titled "TI Xucuru" prepared by the Ministry of Justice / FUNAI / Directorate of Land Affairs / CGID), p. 1. 8 6