22
In most cases, those who died received no prior medical care. The two persons who
reached the hospital were diagnosed and sent back home, because the physicians
decided that nothing could be done.
Based on what the mother told him, he established that several children died of
bronchitis or bronchopneumonia. The symptoms described by the mothers fit this
diagnosis perfectly: the children were coughing, had a high fever, and found it
difficult to breathe, and they died without medical care or medicine.
The
interviewees also stated that during the dry season the children died of diarrhea, and
that is precisely the season for said illnesses. These creatures died with all the
symptoms of diarrhea: fever, constant diarrhea, sometimes with blood, and
vomiting. There were also cases of adults who died for lack of appropriate and timely
medical care and for lack of food.
The Yakye Axa Indigenous Community is in a completely abandoned state. There is
no health post or community clinic, and there are no health promoters. The
Community’s settlement is 356 kilometers from the capital and 70 kilometers from
the nearest hospital. The closest regional hospital is 225 kilometers away, very close
to Asunción, for which reason it is easier for the members of the Community to go to
the capital, where they might obtain financial support.
They must obtain
exoneration of payment of the appointment and of the studies to be carried out, as
well as donation of the medicine. The members of the Yakye Axa Community have
no money to cover their travel expenses, for which reason it is impossible to receive
this medical care.
Furthermore, the State does not provide any special
transportation for the members of the community to receive those services. They
use public transportation, which is deficient.
Currently, the nutritional conditions of the children of the Community are very
precarious. Malnutrition of children is evident. The children’s hair is discolored and
their stomach is enlarged, their height is not in accordance with their age. This in
turn has negative consequences, such as difficulty learning and in terms of
intellectual development. This could be corrected insofar as deworming therapy and
adequate, permanent feeding begins as soon as possible.
Land is essential for the indigenous communities. On the land, the members of the
Yakye Axa Community can improve their dwellings, have clean water supply, and
request support to develop the land.
C) APPRAISAL OF THE EVIDENCE
Appraisal of the documentary evidence
40.
In this case, as in others,9 the Court accepts the evidentiary value of the
documents submitted by the parties at the appropriate procedural moment, or as
evidence to facilitate adjudication of the case pursuant to Article 45(2) of its Rules of
Procedure, which were neither challenged nor disputed, and whose authenticity was
not questioned.
9
See Case of Caesar, supra note 2, para. 46; Case of the Serrano Cruz Sisters, supra note 2, para.
37, and Case of Lori Berenson Mejía, supra note 2, para. 77.