Order of the
Inter-American Court of Human Rights
of November 26, 2007
Provisional Measures regarding Nicaragua
Case of the Mayagna (Sumo) Awas Tingni Community
HAVING SEEN:
1.
The Judgment of the Inter-American Court of Human Rights (hereinafter
“the Inter-American Court” or “the Court”) of August 31, 2001, in the Case of the
Mayagna (Sumo) Awas Tingni Community v. Nicaragua (hereinafter “the Awas
Tigni Community” or “the Community”).
2.
The Order of the Inter-American Court of September 6, 2002, in which it
decided, in accordance with Articles 63(2) of the American Convention on Human
Rights (hereinafter “the American Convention” or “the Convention”) and 25 of the
Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), to order
the State of Nicaragua (hereinafter “the State” or “Nicaragua”):
1.
[…] to adopt without delay, whatever measures are necessary to protect the
use and enjoyment of ownership of the lands belonging to the Mayagna Awas Tingni
Community, and of the natural resources existing on those lands, specifically those
measures designed to avoid immediate and irreparable damage resulting from
activities of third parties who have established themselves inside the territory of the
Community or who exploit the natural resources that exist within it, until the definitive
delimitation, demarcation and titling ordered by the Court are carried out.
2.
[…] to allow the applicants to participate in the planning and implementation
of those measures and, in general, to keep them informed of progress regarding the
measures ordered by the Inter-American Court of Human Rights.
3.
[…] to investigate the facts set forth in the claim that gave rise to the current
measures, so as to discover and punish those responsible.
4.
[…], the representatives of the Community, and the Inter-American
Commission to report to the Court on the measures taken to implement the
“agreement on provisional recognition of the rights to use, possession and exploitation
of the Community” as soon as they are implemented.
5.
[…] to report to the Inter-American Court of Human Rights, every two
months, on the provisional measures adopted, and to order the representatives of the
Community to submit their comments on the respective reports within four weeks of
their receipt, and the Inter-American Commission on Human Rights to submit its
comments on the said reports within six weeks of receiving them.
3.
The State’s reports of March 26 and November 18, 2003, June 4 and
December 17, 2004, February 21 and August 5, 2005, and May 19, 2006, on
implementation of the provisional measures, in which it indicated, inter alia:
(a)
Regarding the measures to protect the use and enjoyment of the
property of the members of the Awas Tingni Community, that:
i.
Following a request from the Community, the Environmental
Attorney’s Office filed a complaint against Boanerges Herrera
Flores, Lorenzo García, Mariano Cano and Fernando Jarquín and
any other person exploiting the forestry resources located within
the land claimed, and this was admitted by the First District
Delegation of the National Forestry Institute on November 8, 2002;
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