4
and that, although the Community had received the payment for interest on arrears,
the State had not formally informed the Community of how the interest had been
calculated, so that it was not possible to verify this, and (d) that the payment of legal
costs was complied with by Nicaragua on April 16, 2002. The representatives
submitted a brief requesting additional reparations and also a supplementary brief for
additional reparations in which they alleged that, by not complying with the fourth
operative paragraph of the judgment, the State had caused various pecuniary and
non-pecuniary damages to the members of the Community. Consequently, they
requested the Court to order the State to pay compensation for this concept, as well as
for costs and expenses. Lastly, they requested the Court to order that a public hearing
be held.
10.
That, now that seven years have elapsed since the said Judgment, the Court
requires updated and detailed information on the measures adopted by the State to
comply with its rulings, so that it can assess the effective implementation and verify
whether the judgment has been complied with. Consequently, the State must prove to
the Inter-American Court that is has fulfilled its obligations under the third, fourth,
sixth and seventh operative paragraphs of the judgment with due diligence.
11.
That, in view of the above, the Court finds it necessary for the State to present
detailed and updated information on:
(a)
Its obligation to “adopt in its domestic law, pursuant to Article 2 of the
American Convention on Human Rights, the legislative, administrative, and any
other measures necessary to create an effective mechanism for the
delimitation, demarcation, and titling of the property of the indigenous
communities, in accordance with their customary law, values, customs and
mores” (third operative paragraph of the judgment of August 31, 2001). In this
regard, the Court requires information on the progress made in complying with
this obligation; and on why Act No. 445, entitled Act concerning the Communal
Property Regime of the Indigenous Peoples and Ethnic Communities of the
Autonomous Regions of the Atlantic Coast and of the Coco, Bocay, Indio and
Maiz Rivers is an effective mechanism for the delimitation, demarcation and
titling of the properties of the indigenous communities, in accordance with their
customary law, values, customs and mores, including the corresponding
supporting documentation;
(b)
Its obligation to “carry out the delimitation, demarcation, and titling of
the lands of the members of the Mayagna (Sumo) Awas Tingni Community and,
until that delimitation, demarcation and titling has been done, abstain from any
acts that might lead State agents, or third parties acting with its acquiescence
or its tolerance, to affect the existence, value, use or enjoyment of the
property located in the geographic area where the members of the Mayagna
(Sumo) Awas Tingni Community live and carry out their activities” (fourth
operative paragraph of the judgment of August 31, 2001). In this regard, the
Court requires information on the specific measures taken by the State to fulfill
this aspect and the progress made in complying with this obligation, including
the supporting documentation corresponding to:
(i)
The submission of the case of the Awas Tingni Community for the
delimitation, demarcation and titling of their land under the Act No. 445