6
irreparable damage to persons are met, provisional measures become a real
jurisdictional guarantee of a preventive nature.3
7.
That provisional measures are exceptional in nature; they are ordered
based on the need for protection and, once ordered, must be maintained,
provided the basic requirements described above subsist.4
8.
That, in the Judgment of August 31, 2001, the Court ordered the State to
delimit, demarcate and title the land corresponding to the members of the
Mayagna (Sumo) Awas Tingni Community and, until this delimitation,
demarcation and titling had been completed, to abstain from carrying out acts
that could lead the State’s agents, or third parties acting with its acquiescence or
tolerance, to affect the existence, value, use or enjoyment of the property located
in the geographical area where the members of the Mayagna (Sumo) Awas Tingni
Community live and conduct their activities.
9.
That, in the Order of September 6, 2002, the Court decided that it was
necessary to grant provisional measures in order to protect the use and
enjoyment of the ownership of the lands belonging to the members of the Awas
Tigni Community and the natural resources within these lands in order to avoid
immediate and irreparable damage resulting from the activities carried out by the
exploitation of the natural resources on this territory by third parties outside the
Community (supra second having seen paragraph).
10.
That, now that more than five years have elapsed since the adoption of
the provisional measures, the Court has assessed the different State reports and
the observations of the representatives and the Commission concerning the
measures adopted to protect the ownership of the ancestral lands of the
members of the Awas Tigni Community, and observes that the information
provided is closely related to compliance with the judgment of August 31, 2001
(supra third, fourth and fifth having seen paragraphs).
11.
That, based on the above, in the instant case the Court deems it pertinent
to associate the examination and assessment of the information provided on the
measures adopted to protect the ownership of the ancestral lands of the
members of the Awas Tigni Community with monitoring compliance with the
judgment, so that it is unnecessary to maintain in force the provisional measures
that were ordered (supra second having seen paragraph).
12.
That, since the adoption of the Judgment of August 31, 2001, the Court
has been monitoring compliance with it, pursuant to the provisions of the
Convention regulating its competence in this regard (supra first and fifth
considering paragraphs).
3
Cf. Case of Herrera Ulloa v. Costa Rica. Provisional measures. Order of the Inter-American
Court of Human Rights of December 6, 2001, fourth considering paragraph; Matter of Colotenango
regarding Guatemala. Provisional measures. Order of the Inter-American Court of Human Rights of
July 12, 2007, sixth considering paragraph; Matter of Haitians and Dominicans of Haitian origin in the
Dominican Republic. Provisional measures. Order of the Inter-American Court of Human Rights of
February 2, 2006, fifth considering paragraph; Matter of the Penitentiary Center of the Central
Occidental Region (Uribana Prison) with regard to Venezuela. Provisional measures. Order of the
Inter-American Court of Human Rights of February 2, 2007, fourth considering paragraph
Cf. Case of the Constitutional Court v. Peru. Provisional measures. Order of the InterAmerican Court of Human Rights of March 14, 2001, third considering paragraph; Case of Raxcacó
Reyes et al. Provisional measures. Order of the Inter-American Court of Human Rights of November
21, 2007, fourth considering paragraph; and Matter of the Monagas Detention Center ("La Pica").
Provisional measures with regard to Venezuela. Order of the Inter-American Court of Human Rights of
July 3, 2007, seventh considering paragraph.
4
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