8
(Obligation to Respect Rights), 2 (Domestic Legal Effects), 21 (Right to Property) and
25 (Right to Judicial Protection).
26.
Furthermore, the Commission requested that the Court declare that the State
is obliged to establish and apply a legal procedure for demarcating the lands of the
Community, to abstain from granting concessions on these until the issue of their
ownership has been resolved, and to compensate the Community. Lastly, the
Commission requested that Nicaragua be condemned to pay the costs and expenses
of this proceeding.
27.
The Commission appointed Claudio Grossman and Helio Bicudo as its
Delegates, David Padilla, Hernando Valencia and Bertha Santoscoy as its Advisors,
and James Anaya, Todd Crider and María Luisa Acosta as the Assistants.
28.
On June 19, 1998, the Secretariat of the Court (hereinafter “the Secretariat”)
provided for the preliminary examination of the application by the President of the
Court (hereinafter “the President”), notified the State of the application, and
informed the latter of the period within which it should respond to this. It also
invited the State to appoint a Judge ad hoc.
29.
On July 2, 1998, Nicaragua appointed Alejandro Montiel Argüello as Judge ad
hoc and Edmundo Castillo Salazar as Agent.
30.
The same day, the Commission submitted to the Court the copies of the
annexes to the application requested by the Secretariat and the addresses and
powers of attorney of the representatives of the victims, with the exception of the
power of attorney of Todd Crider, which was forwarded on July 24, 1998.
31.
On August 18, 1998, the State attested the appointment of Rosenaldo J.
Castro S. and Bertha Marina Argüello as its legal advisors.
32.
On August 19, 1998, Nicaragua filed the preliminary objection that domestic
remedies had not been exhausted pursuant to Articles 46 and 47 of the Convention
and requested the Court to declare the application inadmissible.
33.
On September 25, 1998, the Commission submitted its observations on the
preliminary objection filed by the State.
34.
On October 19, 1998, the State forwarded its reply to the application.
35.
On February 19, 1999, the President invited the State and the Inter-American
Commission to a public hearing, to be held on May 31, 1999, at the seat of the
Court, to hear their arguments on the preliminary objection filed by the former.
36.
On March 15, 1999, the Secretariat requested that the State send some
documents that were missing from its briefs on the preliminary objection and the
reply to the application; they were submitted on May 26 that year.
37.
The public hearing on preliminary objections was held at the seat of the Court
on May 31, 1999.
There appeared