55
“to exercise their rights”.
disputed act;36
Finally, it denied the request to suspend the
q.iii) in judgment No. 12 of February 27, 1997 the Constitutional Panel of
the Supreme Court of Justice granted the amparo application and ruled that
the concession was unconstitutional as it “was not approved by the Regional
Council [of the RAAN], but rather by its Board of Directors, and by the
Regional Coordinator of the [RAAN]”, thus breaching article 181 of the
Constitution of Nicaragua;37
q.iv) on January 22, 1998, Humberto Thompson Sang, a member of the
Regional Council of the RAAN, submitted a brief to the Constitutional Court of
the Supreme Court of Justice, in which he requested execution of judgment
No. 12 issued on February 27, 1997;38
q.v)
on February 3, 1998, the Constitutional Panel of the Supreme Court of
Justice issued an order to inform the President of the Republic that the
Minister of MARENA had not complied with Judgment No. 12 of February 27,
1997, for the President to order that the Minister duly comply with that
judgment, and the Court also ordered that the National Assembly be informed
of this;39
q.vi) in an official letter of February 16, 1998, the Minister of MARENA
informed the General Manager of SOLCARSA that he should order “the
suspension of all actions” pertaining to the logging concession contract, since
that contract had become “devoid of any effect or value”, in accordance with
judgment No. 12 of February 27, 1997 by the Supreme Court of Justice; 40
r.
Second amparo remedy filed by members of the Awas Tingni Community:
r.i)
on November 7, 1997, María Luisa Acosta Castellón, representing
Benevicto Salomón Mclean, Siriaco Castillo Fenley, Orlando Salomón Felipe
36
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.
37
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.
38
cfr. request for execution of judgment No. 12, of February 27, 1997 by the Constitutional Court
of the Supreme Court of Justice of Nicaragua, filed on January 22, 1998 at the Secretariat of the
Constitutional Court of the Supreme Court of Justice of Nicaragua by Humberto Thompson Sang, member
of the Regional Council of the RAAN; and February 3, 1998 judgment by the Constitutional Court of the
Supreme Court of Justice of Nicaragua, regarding the request for execution of judgment filed by
Humberto Thompson Sang, member of the Regional Council of the RAAN.
39
cfr. February 3, 1998 judgment by the Constitutional Court of the Supreme Court of Justice of
Nicaragua, on the request for execution of judgment filed by Humberto Thompson Sang, member of the
Regional Council of the RAAN.
40
cfr. official letter MN-RSV-02-0113.98 of February 16, 1998, by Roberto Stadhagen
Minister of MARENA, to Michael Kang, General Manager of SOLCARSA.
Vogl,