that the land is owned privately or that it is being rationally exploited, based on the
considerations presented in paragraph 149 of this judgment. To do this would be to
ignore this ruling and constitute a violation of the commitments assumed by Paraguay
of its own free will.
285. The State has three years from notification of this judgment to return the
traditional lands to the members of the Community. To this end, it must take a
decision on the possibility of expropriation and, if appropriate, implement this. The
State must carry out the necessary measures to achieve this objective within the said
time frame. Moreover, within this time frame, the State can, if necessary, expedite the
negotiations to purchase the corresponding lands.
286. If, for objective and well-founded reasons – which, the Court reiterates, cannot
be, exclusively, the fact that the land is in private hands or being rationally exploited –
the Paraguayan authorities decide to give priority to the right to property of the private
entities rather than to the right to property of the members of the Community, it must
provide the latter with alternate land within the traditional territory of their ancestors.
The selection of this land must be made with the consensus of the members of the
Community, in keeping with their own ways of making decisions. The Court reiterates
that the offer of alternate lands will only be admissible when it has been adequately
assessed, as indicated in this judgment, that the expropriation is not appropriate and
that the negotiations to purchase the land have failed.
287. Following a well-founded request from the State, the Court may grant it an
extension of one year to continue the respective domestic procedures commenced for
the return of the traditional land. The request for an extension must be presented to
the Court at least three months before the expiry of the three-year time limit
established in paragraph 285 of this judgment. If the State does not present its
request for an extension as indicated above, the Court will understand that it has
waived its possibility of requesting it. The Court will reject any request that is timebarred. If the request for an extension is presented opportunely, the Court will forward
it to the Commission and the representatives of the victims so that they can submit
any observations they deem pertinent. The Court will decide whether or not to grant
the extension, taking into account the reasons put forward by the State in its request,
the observations of the Commission and the representatives, and the measures
already taken by the State to comply with its obligation to deliver the land to the
members of the Community. The Court will not grant the extension if, in its opinion,
the State has not taken sufficient steps to comply with this measure of reparation.
Lastly, the State must report in a precise and detailed manner every six months on the
measures taken to return the traditional territory to the victims.
288. Based on the above, the Court orders that, if the three-year time frame
established in this judgment expires, or if the extension granted in keeping with
paragraph 287 expires or is denied by the Court, without the State having delivered
the traditional lands or, if applicable, the alternate lands, in keeping with the provisions
of paragraphs 283 to 286, it must pay the leaders of the Community, on behalf of its
members, the sum of US$10,000.00 (ten thousand United States dollars) for each
month of delay. The Court understands this reparation as compensation to the victims
for the State’s failure to comply with the time limits established in this judgment and
the resulting pecuniary and non-pecuniary damage, so that it does not constitute
compensation that replaces the return of the traditional or alternate lands to the
members of the Community.
66
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