12
65.
On December 20, 2000 the State complied with the request made by the
Court in the Order mentioned in the previous paragraph, by providing a copy of the
General framework, Executive summary and Final Report of the document
“Diagnostic study of land tenure in the indigenous communities of the Atlantic
Coast”, prepared by the Central American and Caribbean Research Council (infra
paras. 80 and 96).
66.
On January 29, 2001, the Commission submitted a note together with three
documents: comments by Theodore Macdonald on January 20, 2001, and comments
by Charles Rice Hale on January 7, 2001, both in connection with the ethnographic
expert opinion by Ramiro García Vásquez on the document prepared by Theodore
Macdonald, “Awas Tingni an Ethnographic Study of the Community and its Territory”
(infra paras. 81 and 97); and a copy of the document “Awas Tingni an Ethnographic
Study of the Community and its Territory. 1999 Report”.
67.
On June 21, 2001, the Secretariat, following instructions by the President,
granted the Commission and the State up to July 23 of that year to submit their final
written arguments. On July 3, 2001, the Commission requested an extension until
August 10 of that same year to submit its brief. On July 6, 2001, the Secretariat,
following instructions by the President, informed the Commission and the State that
the extension requested had been granted.
68.
In its July 31, 2001 note, the Secretariat, following instructions by the
President and pursuant to article 44 of the Rules of Procedure, requested that the
Commission submit the documentary evidence and pleadings to substantiate the
request for payment of reparations, costs and expenses submitted by the
Commission in the point on petitions in its lawsuit (supra para. 4), no later than
August 10, 2001.
69.
On July 31, 2001 the Secretariat, following instructions by the Court and in
accordance with article 44 of the Rules of Procedure, granted Nicaragua up to August
13, 2001 to supply, as evidence to facilitate the adjudication of the case, the
following documents: existing title deeds of the Awas Tingni Community (Mayagna
Community); of the Ten Communities (Miskita Community); of the Tasba Raya
Indigenous Community (also known as the Six Communities), which includes the
communities of Miguel Bikan, Wisconsin, Esperanza, Francia Sirpi, Santa Clara and
Tasba Pain (Miskito Communities) and of the Karatá Indigenous Community (Miskito
Community). These documents were not submitted to the Court.
70.
On August 8, 2001, the State objected to the parties being granted the
possibility of submitting final written arguments and requested that, in case the
Court decided to proceed with the admission of those pleadings, the State be granted
an extension up to September 10, 2001, to submit them. The following day, the
Secretariat, under instructions by the President, informed the State that it had been
a constant and uniform practice at the Court to grant the parties the opportunity to
submit final written arguments, taken to be a summary of the positions stated by the
parties at the public hearing on the merits, in the understanding that said briefs were
not subject to additional contradictory comments by the parties. In connection with
the request for an extension of the period for the State to submit its final pleadings,
the Secretariat expressed that, following instructions by the President, given the time
allotted to the parties to submit their final written arguments, and so as to avoid
impairing the balance which the Court must maintain in protecting human rights,
legal certainty and procedural equity, an unpostponable period up to August 17,
2001, was granted to both parties.