September 14, the State sent the IACHR information on the request for precautionary
measures, which was forwarded to the petitioners. The petitioners submitted their comments
on September 20 and 25, 2001.
8. On September 26, 2001, the Commission asked the State to adopt precautionary measures
on behalf of the Yakye Axa indigenous community. On October 1, 2001, the petitioners sent
the Commission additional information. On October 12, 2001, the State reported on the
adoption of precautionary measures and the Commission forwarded the relevant parts to the
petitioners. On November 2 and 7, 2001, the parties submitted additional information.
9. On November 12, 2001, during the Commission’s 113th session, the parties signed an
Agreement of Willingness.
10. On December 19, 2001, the State and the petitioners both submitted additional
information, which was forwarded to the other party for comments. On January 2, 2002, the
State presented additional information, which was duly passed on to the petitioners for their
comments. On January 19, 2002, the petitioners gave notice of their decision to withdraw from
the friendly settlement process; the corresponding note was forwarded to the State on January
22, 2002.
A.
Precautionary Measures
11. On September 11, 2001, the petitioners asked the Commission to adopt precautionary
measures on behalf of the Yakye Axa indigenous community in consideration of “major
incidents occurring in the past hours that seriously threaten the security of the community’s
families and its integrity.” They reported that a criminal judge in Concepción, in proceedings
“Investigation of invasion of property, serious coercion, and robbery at Estancia Loma Verde,”
ordered the indigenous community’s houses to be removed. The place where the community
members’ homes currently stand is a strip of common land under the jurisdiction of the Traffic
Office; the State, in the friendly settlement proceedings, had agreed to guarantee their
continued, peaceful occupation of this land. 1 However, on August 29, the National Indigenous
Institute (hereinafter “the INDI”) was informed by the court of the decision instructing it,
together with the Ministry of Public Works and the Ministry of the Interior, to remove the
community’s houses. The petitioners claim that in these proceedings filed against the
community, they had not been allowed to appoint an attorney. Therefore, they note, the
community was totally defenseless and could be evicted within a matter of hours. The request
for precautionary measures was forwarded to the State on September 11, 2001, with a period
of four days in which to report back to the Commission.
12. On September 26, 2001, the Commission, after due consideration of the information
submitted by the State and the petitioners, asked that precautionary measures be adopted
with respect to the Yakye Axa indigenous community:
1. To suspend the enforcement of any court or administrative order involving the eviction
and/or removal of the homes of the Yakye Axa indigenous community and of its
members until such time as the organs of the inter-American human rights system have
examined the petition in hand and adopted a final decision on the merits of the case.
2. To refrain from all other actions and undertakings affecting the right to property, free
transit, and residence of the Yakye Axa indigenous community and its members.
3. To take all steps necessary to ensure the life and physical, mental, and moral integrity
of the members of the Yakye Axa indigenous community, bearing in mind the grounds
and provisions of Presidential Decree Nº 3789 of June 23, 1999.
1 Resolution Nº 4, minutes of the meeting held by the parties in Asunción, Paraguay, on July 24, 2001.
2