51
e)
Pecuniary and non-pecuniary damage suffered by the members of the Yakye
Axa Indigenous Community
50.106. The members of the Yakye Axa Community and their leaders incurred a
number of expenses in connection with the steps taken for their land claims. While
these steps are not specifically judicial or administrative, they have caused pecuniary
damage to the members of the Community.170
50.107. The members of the Community have received support from the nongovernmental organization Tierra Viva in terms of health and food, and also from
other private individuals.171
50.108. Lack of guarantees regarding the right to communal property has kept the
members of the Community in a state of fear, unrest, and concern. This situation
has made them vulnerable to the threats and harassments of others, which together
with lack of protection by the State has led to feelings of anguish and powerlessness
among the members of the Yakye Axa Community.172
50.109. The very bad living conditions of the members of the Community settled
alongside the public road have caused them non-pecuniary damage.173
50.110. The health of the members of the Yakye Axa Community, specifically the
children and the elderly, has suffered severely due to their living conditions.174
50.111. Due to lack of community land, the members of the Yakye Axa Community
have been unable to carry out their traditional ceremonies or their traditional
subsistence activities. Continuity of their culture has also suffered due to the death
170
See testimony of Esteban López rendered before the Inter-American Court during the public
hearing held on March 4, 2005.
171
See expert opinion of Pablo Balmaceda rendered before the Inter-American Court during the
public hearing held on March 4, 2005, and copies of invoices regarding the purchase of food and medicine
for the Yakye Axa Community (file with appendixes to the final written of the representatives, volumes
480 to 783).
172
See testimony of Esteban López rendered before the Inter-American Court during the public
hearing held on March 4, 2005; testimony of Tomás Galeano rendered before the Inter-American Court
during the public hearing held on March 4, 2005, and testimony of Inocencia Gómez rendered before the
Inter-American Court during the public hearing held on March 4, 2005.
173
See testimony of Esteban López rendered before the Inter-American Court during the public
hearing held on March 4, 2005; testimony of Tomás Galeano rendered before the Inter-American Court
during the public hearing held on March 4, 2005; testimony of Inocencia Gómez rendered before the
Inter-American Court during the public hearing held on March 4, 2005, and statement by Albino
Fernández rendered before a notary public on February 10, 2005 (file on the merits, reparations, and
costs. Volume III, volume 637).
174
See testimony of Esteban López rendered before the Inter-American Court during the public
hearing held on March 4, 2005; testimony of Tomás Galeano rendered before the Inter-American Court
during the public hearing held on March 4, 2005; testimony of Inocencia Gómez rendered before the
Inter-American Court during the public hearing held on March 4, 2005; statement by Albino Fernández
rendered before a notary public on February 10, 2005 (file on the merits, reparations, and costs, Volume
III, volume 637), public health medical report on the Yakye Axa Community prepared by Pablo Balmaceda
(file with appendixes to the brief with pleadings and motions, appendix 1, volumes 1555 to 1563), and
expert opinion of Pablo Balmaceda rendered before the Inter-American Court during the public hearing
held on March 4, 2005.
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