46
Concepción-Pozo Colorado road, led by Tomas Galeano and Esteban López, to enter
the property of the ‘Loma Verde’ estate, and ordering them to abstain from hunting,
cutting trees or carrying out other activities inside that estate.” He also ordered the
members of the Yakye Axa Community “to abstain from consuming water from the
deposit where they do so within said property.”142
50.86. On September 5 and 11, 2000, Oscar Ayala Amarilla reiterated his request to
intervene as agent in the criminal proceeding begun against the members of the
Yakye Axa Community.143 However, on September 11, 2000 the Judge ruled that
said request to intervene in that criminal case was not in order, pursuant to Article
117 and other consistent provisions of the 1890 Criminal Procedures Code, still in
force. In this regard, he asserted that Oscar Ayala Amarilla should submit his
request to intervene as agent for the Community before the INDI. The Judge also
ordered that an official letter be sent to the INDI for this institution to report on the
list of non-governmental organizations registered before it, and which are linked to
the Yakye Axa Indigenous Community.144 On September 15, 2000, Oscar Ayala
Amarilla filed an appeal against said decision,145 which the judge hearing the case
ruled was not in order on September 18 of that same year.146
50.87. In the framework of this criminal proceeding, on August 29, 2001 the
Criminal Trial Judge ordered the eviction of the Community from the public domain
strip where it was established and the dismantling of their dwellings.147
50.88. On September 14, 2001 Aurelio R. Sosa Mendoza and Higinio Lovera Sosota,
acting on behalf and as representatives of the INDI, requested authorization to
legally intervene in the criminal proceeding, to undertake the defense of the
accused.148 In a ruling that same day, the Judge hearing the case accepted said legal
intervention.149
142
See order issued by the Criminal Trial Judge of Concepción on August 30, 2000 (file with
evidence to facilitate adjudication of the case submitted by the State, Volume III, volume 1784).
143
See request to intervene and authenticated photocopies submitted by Oscar Ayala Amarilla on
September 5, 2000 (file with evidence to facilitate adjudication of the case submitted by the State,
Volume III, volume 1798), and reiteration of request to intervene and authenticated photocopies
submitted by Oscar Ayala Amarilla on September 11, 2000 (file with evidence to facilitate adjudication of
the case submitted by the State, Volume III, volume 1801).
144
See order issued by the Criminal Trial Judge of Concepción on September 11, 2000 (file with
evidence to facilitate adjudication of the case submitted by the State, Volume III, volume 1797).
145
See appeal submitted by Oscar Ayala Amarilla on September 15, 2000 (file with evidence to
facilitate adjudication of the case submitted by the State, Volume III, volume 1817).
146
See order issued by the Criminal Trial Judge of Concepción on September 18, 2000 (file with
evidence to facilitate adjudication of the case submitted by the State, Volume III, volume 1818).
147
See order issued by the Criminal Trial Judge of Concepción on August 29, 2001 (file with
evidence to facilitate adjudication of the case submitted by the State, Volume III, volume 1933).
148
See request to legally intervene submitted by officials of the Instituto Paraguayo del Indígena on
September 14, 2001 (file with evidence to facilitate adjudication of the case submitted by the State,
Volume III, volumes 1952 to 1953).
149
See order issued by the Criminal Trial Judge of Concepción on September 14, 2001 (file with
evidence to facilitate adjudication of the case submitted by the State, Volume III, volume 1954).
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