53 Administration of MARENA. In that application they requested that: a) the abovementioned officials be ordered to abstain from granting the concession to SOLCARSA; that the agents of SOLCARSA be ordered to leave the communal lands of Awas Tingni, where “they [had been] carrying out works directed toward initiating the lumber operation” and that they begin a process of dialogue and negotiation with the Community, in case the SOLCARSA corporation continued to have “an interest in utilization of timber on Community lands”; b) any other remedies be adopted that the Supreme Court of Justice deemed just; and c) an order be issued to suspend the process of granting the concession requested from MARENA by SOLCARSA. Furthermore, when they referred to the Constitutional provisions breached, the applicants stated that the disputed actions and omissions “[were] violations of articles 5, 46, 89 and 180 of the Nicaraguan Constitution, which together ensure the property and use rights of the indigenous communities to their communal lands” and that, even though “[t]he Community lacks a real title deed […], the rights to its communal lands have solid foundations in a traditional land tenure system linked to communitarian organization and cultural practices”;31 p.ii) on September 19, 1995 the Civil Panel of the Appellate Court of the Sixth Region of Matagalpa declared the amparo application inadmissible as “unfounded”, arguing that the Community had tacitly consented to the granting of the concession, according to the Amparo Law, because the applicants allowed the thirty days “since they became aware of the action or omission” to elapse, before submitting that application. That Court considered that the applicants were aware of the actions by MARENA since before July 11, 1995, the date at which they addressed a letter to the Minister of MARENA (supra para. 103(ñ));32 p.iii) on September 21, 1995, María Luisa Acosta Castellón, acting as special agent for Jaime Castillo Felipe, Marcial Salomón Sebastián and Siriaco Castillo Fenley, representatives of the Mayagna (Sumo) Awas Tingni Community, filed an amparo application before the Supreme Court of Justice appealing for 31 cfr. amparo remedy filed on September 11, 1995, before the Appellate Court of Matagalpa by María Luisa Acosta Castellón, as special agent for Jaime Castillo Felipe, Marcial Salomón Sebastián and Siriaco Castillo Fenley, Syndic and Deputy Syndics, respectively, of the Awas Tingni Mayagna Community, against Milton Caldera Cardenal, Minister of MARENA, Roberto Araquistain, Director of the National Forestry Service of MARENA, and Alejandro Láinez, Director of the National Forestry Administration of MARENA; September 19, 1995 decision by the Appellate Court of the Sixth Region, Civil Court, Matagalpa, on the amparo remedy filed on September 11, 1995, before the Appellate Court of Matagalpa by María Luisa Acosta Castellón, as special agent for Jaime Castillo Felipe, Marcial Salomón Sebastián and Siriaco Castillo Fenley, Syndic and Deputy Syndics, respectively, of the Awas Tingni Mayagna Community, against Milton Caldera Cardenal, Minister of MARENA, Roberto Araquistain, Director of the National Forestry Service of MARENA, and Alejandro Láinez, Director of the National Forestry Administration of MARENA; and judgment No. 11, of February 27, 1997, by the Constitutional Court of the Supreme Court of Justice of Nicaragua on the amparo remedy filed on September 11, 1995, before the Appellate Court of Matagalpa by María Luisa Acosta Castellón, as special agent for Jaime Castillo Felipe, Marcial Salomón Sebastián and Siriaco Castillo Fenley, Syndic and Deputy Syndics, respectively, of the Awas Tingni Mayagna Community, against Milton Caldera Cardenal, Minister of MARENA, Roberto Araquistain, Director of the National Forestry Service of MARENA, and Alejandro Láinez, Director of the National Forestry Administration of MARENA. 32 cfr. September 19, 1995 decision by the Appellate Court of the Sixth Region, Civil Court, Matagalpa, on the amparo remedy filed by María Luisa Acosta Castellón, as special agent for Jaime Castillo Felipe, Marcial Salomón Sebastián and Siriaco Castillo Fenley, Syndic and Deputy Syndics, respectively, of the Awas Tingni Mayagna Community, against Milton Caldera Cardenal, Minister of MARENA, Roberto Araquistain, Director of the National Forestry Service of MARENA, and Alejandro Láinez, Director of the National Forestry Administration of MARENA.

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