43
50.74. On May 13, 2002 the Civil and Commercial Trial Court, Third Rotation,
ordered the precautionary measures that had been requested and registry of the
restraint on de jure and de facto alteration of the situation, as well as registry of the
complaint regarding the aforementioned real estate.123
50.75. On august 23, 2002 the Judge lifted the precautionary measures once the
expropriation bill was rejected by the Senate on June 27, 2002 (supra para.
50.59).124
Complaints before the Public Prosecutor’s Office
50.76. On March 11, 1999 the attorney for the Community filed a complaint before
the Public Prosecutor’s Office for the “extensive land clearing, building and
excavation within the territory claimed by the Yakye Axa Indigenous Community,
known as Estancia Loma Verde”.125
50.77. On March 16, 1999 officials of the Public Prosecutor’s Office visited the Loma
Verde estate to corroborate the complaint, but they were not received by the staff of
the firm Torokay SA.126 The agents of the Public Prosecutor’s Office visited various
parts of the farm and pointed out that: “there is no indiscriminate land clearing […]
and there would be no harm to the ecosystem.”127
c)
Actions requested against the Yakye Axa Indigenous Community
i.
Before the INDI
50.78. On April 22, 1998 “Florida Agricultural Corporation”, “Livestock Capital Group
INC” and “Agricultural Development INC”, through their attorney, file a complaint
before the INDI against the members of the Yakye Axa Community for having
“begun systematic incursions into [their] property” and asked that the Chief of the
National Police in the Villa Hayes Department be ordered to supply the police staff
required to protect said real estate.128 The file processed before the INDI and the
123
See order for precautionary measures by the Trial Court for Civil and Commercial Affairs, Third
Rotation, on May 13, 2002 (file with evidence to facilitate adjudication of the case submitted by the State,
Volume I, volume 815).
124
See certificate of notification of the lifting of the precautionary measures to restrain alteration of
the situation and register the complaint issued by the Judge of the Trial Court regarding Civil and
Commercial Affairs, Third Rotation, on August 23, 2002 (file with evidence to facilitate adjudication of the
case submitted by the State, Volume I, volume 936).
125
See complaint regarding deforestation submitted by the Yakye Axa Community on March 11,
1999 (file with appendixes to the application, appendix 26, volumes 1385 to 1387).
126
See report on the trip to the Yakye Axa Community prepared by the Public Prosecutor’s Office on
March 18, 1999 (file with appendixes to the application, appendix 27, volume 1388).
127
See report on the alleged land clearing and sale of logs, to the detriment of the habitat of the
Yakye Axa Community, prepared by the Public Prosecutor’s Office on March 16, 1999 (file with appendixes
to the application, appendix 28, volumes 1389 to 1390).
128
See note addressed by the representative of Florida Agricultural Corporation, Livestock Capital
Group Inc. and Agricultural Development Inc., to the Instituto Paraguayo del Indígena on April 22, 1998
(file with appendixes to the application, appendix 4, volumes 785 to 786).
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