104
Community, under the terms set forth in paragraphs 123 to 156 of the instant
Judgment.
Judge Ramón Fogel Pedroso dissenting.
Unanimously,
3.
the State violated the Right to Life embodied in Article 4(1) of the American
Convention on Human Rights, in combination with Article1(1) of that same
Convention, to the detriment of the members of the Yakye Axa Indigenous
Community under the terms set forth in paragraphs 160 to 176 of the instant
Judgment.
By five votes to three,
4.
it does not have sufficient evidence to prove the violation of the Right to Life
embodied in Article 4(1) of the American Convention on Human Rights, to the
detriment of sixteen members of the Yakye Axa Indigenous Community, under the
terms set forth in paragraphs 177 to 178 of the instant Judgment.
Judges Alirio Abreu Burelli, Antônio A. Cançado Trindade and Manuel E. Ventura
Robles dissenting.
Unanimously,
5.
this Judgment constitutes per se a form of reparation, in the terms set forth
in paragraph 200 of the instant Judgment.
AND, UNANIMOUSLY, ORDERS THAT:
6.
the State must identify the traditional territory of the members of the Yakye
Axa Indigenous Community and grant it to them free of cost, within a maximum of
three years from the date of notification of the instant Judgment, under the terms
set forth in paragraphs 211 to 217 of the instant Judgment.
7.
as long as the members of the Yakye Axa Indigenous Community remain
landless, the State must provide them with the basic services and goods required for
their subsistence, in the terms set forth in paragraph 221 of the instant Judgment.
8.
the State must set up a fund exclusively for the purchase of land to be
granted to the members of the Yakye Axa Indigenous Community, within a
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