56 and Jotam López Espinoza, who appeared on their own behalf and as representatives of the Mayagna (Sumo) Awas Tingni Community, filed an amparo remedy before the Civil Court of the Appellate Court of the Sixth Region of Matagalpa, against Roberto Stadhagen Vogl, Minister of MARENA, Roberto Araquistain, General Director of the National Forestry Service of MARENA, Jorge Brooks Saldaña, Director of the State Forestry Administration (ADFOREST) of MARENA, and Efraín Osejo et al., members of the Board of Directors of the Regional Council of the RAAN during the periods from 1994 to 1996 and 1996 to 1998. In that remedy they requested that: a) the concession to SOLCARSA be declared null, because it was granted and ratified setting aside the Constitutional rights and guarantees of the Awas Tingni Community; b) an order be issued for the Board of Directors of the Regional Council of the RAAN to process the request submitted in March, 1996 to “further a process to attain recognition and official [c]ertification of the property rights of the Community to its ancestral lands”; c) an order be issued for “the officials of MARENA to refrain from furthering a concession to utilize [n]atural [r]esources in the area of the concession to SOLCARSA, until land tenure in that area has been defined or an agreement has been reached with Awas Tingni and any other Community which has a justified claim to communal lands within that area”, and d) the disputed act be suspended;41 r.ii) on November 12, 1997, the Civil Panel of the Appellate Court of the Sixth Region of Matagalpa admitted the amparo application; it denied the request of the applicants that the act be suspended because “apparently the act ha[d] been carried out”; it ordered that the decision be made known to the Attorney General of the Republic, and that the officials against whom the application had been filed should be notified for them to report to the Supreme Court of Justice on their actions, and it summoned the parties to appear before that Court “to exercise their rights”;42 r.iii) on October 14, 1998, the Constitutional Panel of the Supreme Court of Justice declared “the amparo remedy application to be inadmissible because it 41 cfr. November 12, 1997 decision by the Appellate Court of the Sixth Region, Civil Court, Matagalpa, on the amparo remedy filed by María Luisa Acosta Castellón, as legal representative of Benevicto Salomón Mclean, Siriaco Castillo Fenley, Orlando Salomón Felipe and Jotam López Espinoza, on their own behalf and as Syndic, Coordinator, Town Judge, and Person Responsible for the Forest, respectively, of the Awas Tingni Community, against Roberto Stadhagen Vogl, Minister of MARENA, Roberto Araquistain, General Director of the National Forestry Service of MARENA, Jorge Brooks Saldaña, Director of the State Forestry Administration of MARENA, and Efraín Osejo et al., members of the Board of Directors of the Regional Council of the RAAN; and judgment No. 163 of October 14, 1998, by the Constitutional Court of the Supreme Court of Justice of Nicaragua, on the amparo remedy filed by María Luisa Acosta Castellón, as legal representative of Benevicto Salomón Mclean, Siriaco Castillo Fenley, Orlando Salomón Felipe and Jotam López Espinoza, on their own behalf and as Syndic, Coordinator, Town Judge, and Person Responsible for the Forest, respectively, of the Awas Tingni Community, against Roberto Stadhagen Vogl, Minister of MARENA, Roberto Araquistain, General Director of the National Forestry Service of MARENA, Jorge Brooks Saldaña, Director of the State Forestry Administration of MARENA, and Efraín Osejo et al., members of the Board of Directors of the Regional Council of the RAAN. 42 cfr. November 12, 1997 decision by the Appellate Court of the Sixth Region, Civil Court, Matagalpa, on the amparo remedy filed by María Luisa Acosta Castellón, as legal representative of Benevicto Salomón Mclean, Siriaco Castillo Fenley, Orlando Salomón Felipe and Jotam López Espinoza, on their own behalf and as Syndic, Coordinator, Town Judge, and Person Responsible for the Forest, respectively, of the Awas Tingni Community, against Roberto Stadhagen Vogl, Minister of MARENA, Roberto Araquistain, General Director of the National Forestry Service of MARENA, Jorge Brooks Saldaña, Director of the State Forestry Administration of MARENA, and Efraín Osejo et al., members of the Board of Directors of the Regional Council of the RAAN.

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