13
71.
On August 10, 2001, the Commission submitted its final written arguments,
which included an annex (infra para. 82).
72.
On August 17, 2001, Nicaragua submitted its final written pleadings.
73.
On August 22, 2001, the Commission extemporaneously submitted the brief
pertaining to reparations, costs and expenses (infra para. 159).
74.
On August 25, 2001, the State requested that the Court not consider the brief
submitted by the Commission on reparations, costs and expenses, because it was
time-barred.
V
THE EVIDENCE
A) DOCUMENTARY EVIDENCE
75.
The Inter-American Commission submitted copies of 58 documents in 50
annexes with its application (supra paras. 1 and 29).1
1
cfr. annex C.1, sketch of the area where the Awas Tingni Community is located in the RAAN;
annex C.2, November 8, 1992 brief by Charly Webster Mclean Cornelio; annex C.3, February, 1996
document “Awas Tingni. An Ethnographic Study of the Community and its Territory”, Draft Preliminary
Report prepared by the Awas Tingni Territorial Demarcation Project, main researcher: Theodore
Macdonald; annex C.4, map “Land tenure of the Mayagna of Awas Tingni in the Area of the Concession to
SOLCARSA”; annex C.6, statement by Theodore Macdonald Jr. on January 3, 1996; annex C.7,
November, 1997 map, “Map of Subsistence Use and Occupation of the Awas Tingni Indigenous
Community”; annex C.8, July 11, 1995 brief by María Luisa Acosta Castellón, attorney for the Awas Tingni
Community, to Milton Caldera C., Minister of MARENA, attaching: January, 1994 document, “Territorial
Rights of the Awas Tingni Indigenous Community” prepared by the University of Iowa as part of its
“Project in Support of the Awas Tingni Community”; annex C.9, October 23, 1995 brief by James Anaya,
legal representative of the Mayagna Awas Tingni Community, to Milton Caldera Cardenal, Minister of
MARENA; annex C.10, December, 1994 document “Cerro Wakambay Broad-leafed Forest Management
Plan (Final Edition)”, prepared by Swietenia S.A. Consultants for KUMKYUNG CO. LTD; annex C.11,
statement by Charly Webster Mclean Cornelio on December 4, 1995; annex C.12, January 4, 1996
document, “Memorandum in support of supplemental request for provisional measures. In the Case of
the Mayagna Indian Community of Awas Tingni and Jaime Castillo Felipe, on his own behalf and on behalf
of the Community of Awas Tingni, against Nicaragua” prepared by James Anaya, John S. Allen, María
Luisa Acosta Castellón, Jeffrey G. Bullwinkel, S. Todd Crider and Steven M. Tullberg; annex C.13, March,
1996 brief requesting “official recognition and demarcation of the ancestral lands” of the Mayagna Awas
Tingni Community addressed to the Regional Council of the RAAN, attaching: document “General Census
of the Awas Tingni Community” for the year 1994; annex C.14, March 20, 1996 brief by James Anaya,
legal representative of the Mayagna Awas Tingni Community, addressed to Ernesto Leal, Minister of
Foreign Affairs; annex C.15, March 20, 1996 brief by James Anaya, legal representative of the Mayagna
Awas Tingni Community, addressed to Claudio Gutiérrez, Minister of MARENA; annex C.16, document
“Draft Memorandum of Understanding”; annex C.17, newspaper article in Diario La Prensa, “Indigenous
habitat endangered by logging”, published on March 24, 1996; annex C.18, newspaper article in the New
York Times, “It´s Indians vs. Loggers in Nicaragua”, published on June 25, 1996; annex C.19, May 17,
1996 brief by James Anaya, legal representative of the Mayagna Awas Tingni Community, addressed to
José Antonio Tijerino, Permanent Representative of Nicaragua to the Organization of American States
(OAS); annex C.20, May 8, 1996 report by María Luisa Acosta Castellón, addressed to James Anaya;
annex C.21, testimony of deed number one in protocol number twenty of notary public Oscar Saravia
Baltodano, officially recording the “Forest Management and Use Contract” signed on March 13, 1996 by
Claudio Gutiérrez Huete,
representative of MARENA, and Hyong
Seock Byun, representative of
SOLCARSA corporation; annex C.22, administrative provision No. 2-95 of June 28, 1995, of the Board of
Directors of the Regional Council of the RAAN; annex C.23, December 8, 1995 brief by Alta Hooker
Blandford, President of the Regional Council of the RAAN, and Myrna Taylor, First Secretary of the Board