Order of the Inter-American Court of Human Rights of November 26, 2007 Provisional Measures regarding Nicaragua Case of the Mayagna (Sumo) Awas Tingni Community HAVING SEEN: 1. The Judgment of the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”) of August 31, 2001, in the Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua (hereinafter “the Awas Tigni Community” or “the Community”). 2. The Order of the Inter-American Court of September 6, 2002, in which it decided, in accordance with Articles 63(2) of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) and 25 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), to order the State of Nicaragua (hereinafter “the State” or “Nicaragua”): 1. […] to adopt without delay, whatever measures are necessary to protect the use and enjoyment of ownership of the lands belonging to the Mayagna Awas Tingni Community, and of the natural resources existing on those lands, specifically those measures designed to avoid immediate and irreparable damage resulting from activities of third parties who have established themselves inside the territory of the Community or who exploit the natural resources that exist within it, until the definitive delimitation, demarcation and titling ordered by the Court are carried out. 2. […] to allow the applicants to participate in the planning and implementation of those measures and, in general, to keep them informed of progress regarding the measures ordered by the Inter-American Court of Human Rights. 3. […] to investigate the facts set forth in the claim that gave rise to the current measures, so as to discover and punish those responsible. 4. […], the representatives of the Community, and the Inter-American Commission to report to the Court on the measures taken to implement the “agreement on provisional recognition of the rights to use, possession and exploitation of the Community” as soon as they are implemented. 5. […] to report to the Inter-American Court of Human Rights, every two months, on the provisional measures adopted, and to order the representatives of the Community to submit their comments on the respective reports within four weeks of their receipt, and the Inter-American Commission on Human Rights to submit its comments on the said reports within six weeks of receiving them. 3. The State’s reports of March 26 and November 18, 2003, June 4 and December 17, 2004, February 21 and August 5, 2005, and May 19, 2006, on implementation of the provisional measures, in which it indicated, inter alia: (a) Regarding the measures to protect the use and enjoyment of the property of the members of the Awas Tingni Community, that: i. Following a request from the Community, the Environmental Attorney’s Office filed a complaint against Boanerges Herrera Flores, Lorenzo García, Mariano Cano and Fernando Jarquín and any other person exploiting the forestry resources located within the land claimed, and this was admitted by the First District Delegation of the National Forestry Institute on November 8, 2002;

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