54
review of facts as well as law, in which they stated that the Community and
its members had not consented to the process of granting the concession,
that the remedy “[was] filed against actions which [were] being committed
currently, as the Community and its members [became] aware of new
violations on a daily basis”, and that therefore the thirty days to file the
amparo remedy “could […] begin to be counted as of the last violation which
the members of the Community [were] aware of”; 33
p.iv) on February 27, 1997 the Constitutional Panel of the Supreme Court of
Justice dismissed the amparo application appealing for review of facts as well
as law, based on the same reasons argued by the Civil Panel of the Appellate
Court of the Sixth Region of Matagalpa (supra para. 103.p.ii); 34
q.
Amparo remedy filed by members of the Regional Council of the RAAN:
q.i)
on March 29, 1996, Alfonso Smith Warman and Humberto Thompson
Sang, members of the Regional Council of the RAAN, filed an amparo remedy
before the Appellate Court of Matagalpa, against Claudio Gutiérrez, Minister of
MARENA, and Alejandro Láinez, Director of the National Forestry
Administration of MARENA, for having “signed and authorized” the logging
concession to SOLCARSA, without it having been discussed and evaluated by
the plenary of the Regional Council of the RAAN, thus breaching article 181 of
the Constitution of Nicaragua.
In that remedy, they requested that
implementation of the concession be suspended, and that the concession be
annulled;35
q.ii)
on April 9, 1996, the Civil Panel of the Appellate Court of Matagalpa
admitted the amparo remedy filed, ordered that the Attorney General of the
Republic be informed, warned the officials against whom the remedy had
been filed that they should submit reports on their actions to the Supreme
Court of Justice, and summoned the parties to appear before the latter Court
33
cfr. appeal for review of facts as well as law, filed on September 21, 1995 before the Supreme
Court of Justice of Nicaragua by María Luisa Acosta Castellón, as legal representative of the Awas Tingni
Community; and judgment No. 11, of February 27, 1997, by the Constitutional Court of the Supreme
Court of Justice of Nicaragua on the amparo remedy filed on September 11, 1995, before the Appellate
Court of Matagalpa by María Luisa Acosta Castellón, as special agent for Jaime Castillo Felipe, Marcial
Salomón Sebastián and Siriaco Castillo Fenley, Syndic and Deputy Syndics, respectively, of the Awas
Tingni Mayagna Community, against Milton Caldera Cardenal, Minister of MARENA, Roberto Araquistain,
Director of the National Forestry Service of MARENA, and Alejandro Láinez, Director of the National
Forestry Administration of MARENA.
34
cfr. judgment No. 11, of February 27, 1997, by the Constitutional Court of the Supreme Court of
Justice of Nicaragua on the amparo remedy filed on September 11, 1995, before the Appellate Court of
Matagalpa by María Luisa Acosta Castellón, as special agent for Jaime Castillo Felipe, Marcial Salomón
Sebastián and Siriaco Castillo Fenley, Syndic and Deputy Syndics, respectively, of the Awas Tingni
Mayagna Community, against Milton Caldera Cardenal, Minister of MARENA, Roberto Araquistain, Director
of the National Forestry Service of MARENA, and Alejandro Láinez, Director of the National Forestry
Administration of MARENA; and judicial notification document of February 28, 1997, in which María Luisa
Acosta Castellón is notified of judgment No. 11 of February 27, 1997, by the Constitutional Court of the
Supreme court of Justice of Nicaragua.
35
cfr. judgment No. 12, of February 27, 1997, by the Constitutional Court of the Supreme Court of
Justice of Nicaragua on the amparo remedy filed on March 29, 1997, before the Appellate Court of
Matagalpa by Alfonso Smith Warman and Humberto Thompson Sang, members of the Regional Council of
the RAAN, against Claudio Gutiérrez, Minister of MARENA, and Alejandro Láinez, Director of the National
Forestry Administration of MARENA.