4
Community leaders,”
representatives, thus
Community.”
and “without the presence of their legal
limiting the effective participation of the
(d)
Regarding the investigation into the reported facts and the eventual
punishment of those responsible, that:
i.
The Asociación de Excombatientes de la Resistencia Indígena
de Desarrollo (ARID) “has been the subject of constant complaints
[by the Community] since April 2002, when the process of
execution of the judgment started, and more than three years
elapsed […] before an investigation into the facts”;
ii.
The State has not punished anyone who was responsible for
the illegal felling of trees, or taken any measures regarding the
murder of Octavio Henry, a member of the Community, in July
2004. Furthermore, it has not investigated the death threats and
the physical violence against members of the Community, despite
repeated complaints; and
iii.
“The only result of the investigation conducted after the
statutory time limit had passed” was the administrative punishment
of Community members for the “illegal felling of trees on land
occupied by the Awas [T]igni Community.” The administrative
decision was subsequently annulled.
5.
The observations presented by the Inter-American Commission on Human
Rights (hereinafter “the Inter-American Commission” or “the Commission”) on
January 31, May 20 and November 17, 2003, July 12, 2004, February 2, April 20
and September 21, 2005, and July 5, 2006, in which it indicated, inter alia:
(a)
Regarding the measures to protect the use and enjoyment of the
property of the Community, that:
i.
The non-concession of forestry permits in the areas claimed
“does not imply compliance by the State […] with the Court’s Order
[for provisional measures].” The State “must take positive steps to
prevent […] the illegal tree felling that has been reported by the
victims’ representatives”; and
ii.
The progress regarding the measures ordered has been tardy
and insufficient.
(b)
Regarding the provisional agreement on the use, occupation and
exploitation of the property, it was concerned that the State “had not […]
extended the Community Forestry Exploitation Agreement […].
Consequently, [the State] was failing to implement the fourth operative
paragraph of the judgment […].”
(c)
Regarding the investigation into the reported facts and the eventual
punishment of those responsible:
i.
It recognized the effort that the State had made by opening
administrative
proceedings
against
the
Asociación
de
Excombatientes de la Resistencia Indígena de Desarrollo (ARID)
and confiscating the wood from the trees that had been felled
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