13. On October 12, 2001, the State informed the IACHR that precautionary measures had been adopted: the president of the Supreme Court of Justice and minister in charge of human rights matters, Dr. Raúl Sapena Brugada, had asked the judge responsible for ordering the removal of the indigenous community’s homes to remit the case file to him and had requested the public works and interior ministries to suspend all eviction proceedings affecting the Yakye Axa community. 14. On November 2, 2001, the petitioners told the Commission that they appreciated the measures adopted by the president of the Supreme Court, which had been appropriate and were adopted speedily in accordance with the seriousness of the situation they were facing. In their note they added, however, that the State’s adoption of the precautionary measures requested by the IACHR had only been partial, in that the judicial resolution ordering the removal of the community’s homes had not been revoked, that they had not been guaranteed peaceful occupation of the land where the community was living, and that the measures needed to ensure the lives and physical, mental, and moral integrity of the community’s members had not been adopted. B. Friendly Settlement Proceedings 15. In its first comments filing, the State asked the IACHR to make itself available to the parties in order to reach a friendly settlement. As a part of this process, the parties held meetings in Asunción, Paraguay. At the meeting held on March 27, 2001, it was agreed to recognize the lands claimed by the indigenous community as part of their traditional habitat, based on the anthropological report drawn up by Mr. Chase Sardi, a professional anthropologist, at the INDI’s request. 2 16. On September 10, 2001, the petitioners informed the IACHR of their decision to withdraw from the negotiations after analyzing the results achieved to date and the possibility of the matter being resolved through that channel. They based their decision on the fact that although the State had recognized the community’s ancestral right to the claimed lands, no steps had been taken toward repairing, or even beginning to effectively repair, the community’s infringed human rights. In contrast to the promises the State had made, there was a court order for the removal of the community’s houses, issued by a judge in Concepción judicial district. 17. At the working meeting held with the IACHR on November 12, 2001, the parties signed an Agreement of Willingness and agreed to keep the Commission informed regarding compliance with those commitments. On December 19, 2001, the parties sent the Commission information regarding the steps they had taken in compliance with the agreement. 18. In consideration of the terms set forth in the State’s note of January 2, 2002, the petitioners informed the Commission of their decision to withdraw from the friendly settlement proceedings, a decision that had been made by the Assembly of the Yakye Axa indigenous community. III. POSITIONS OF THE PARTIES A. The Petitioners 19. The petitioners claim that the State of Paraguay has violated Articles 4 and 25 of the Convention, in conjunction with Article 1(1) thereof, and that in addition, the State has also ignored Article 27 of the ICCPR and Articles 1(2), 2(1), 4(1), and 5(a) of Convention 169, to 2 “Anthropological Report on the Yakye Axa (Loma Verde) Community of the Enxet-Lengua People,” by Chase Sardi; included in the case file. 3