5
*
*
18.
That, regarding the payment of the compensation and the reimbursement of
costs and expenses (eighth operative paragraph of the Judgment), the State
reported that, on August 10, 2007, it had proceeded to pay US$5,000.00 (five
thousand United States dollars), converted into guaranís, for pecuniary damage and,
on September 7, 2007, it had paid the sum of US$5,000.00 (five thousand United
States dollars), converted into guaranís, for costs and expenses. Also, on September
7, 2007, it had paid a “first installment” of US$5,385.00 (five thousand three
hundred and eighty-five United States dollars), converted into guaranís, “distributed
between 19 families, victims of non-pecuniary damage.”
19.
That the representatives confirmed the payment of the amounts indicated by
the State. However, they stated that the payment for pecuniary damage was made
with three months delay, and the payment corresponding to costs was made with
four months delay, so that, in their opinion, the State should pay “interest on arrears
of 3%.” Lastly, they indicated that the State owed the victims the sum of
US$483,247.00 (four hundred and eighty-three thousand two hundred and fortyseven United States dollars) “plus the interest on arrears that is still owed.”
20.
That the Commission had taken into consideration the progress made on this
aspect.
21.
That this Court considers that the State has complied partially with this aspect
of the Judgment, and awaits further information on payment of the remaining
amounts, in the terms of the Judgment delivered in this case.
*
*
*
22.
That, regarding the provision of the basic goods and services required for the
subsistence of the members of the Community (ninth operative paragraph of the
Judgment), in its Order of February 2, 2007, the Court decided that the State must
provide detailed information as follows:
(a) Regarding immediate attention to the members of the Community […] the State must
submit information that will allow the Court to differentiate the goods and services supplied
to the members of the Sawhoyamaxa Community from those supplied to other
communities. To this end, the report must also include:
i)
ii)
iii)
iv)
v)
Regarding the provision of potable water, the State must specify: (1) the delivery
schedule; (2) the means used to make deliveries and ensure the water is pure;
(3) the amount supplied to each person and/or family, and (4) the means used by
the State to determine the amount to be delivered;
Regarding periodic medical care and the supply of medicines, the State must
specify: (1) the number of persons attended, their names and, if applicable,
whether they were hospitalized; (2) progress in the deparasitation process, and
(3) progress in the vaccination process;
Regarding the supply of food, the State must specify: (1) the delivery schedule;
(2) the amount of food supplied, by person and/or family, and (3) the criteria
used by the State to determine the type and amount of food to be supplied, and
the delivery schedule;
Regarding the effective and hygienic management of biological waste, the State
must specify the type and number of latrines to be delivered, and
Regarding the bilingual material to be supplied to the Community school, the
State must specify the type of material and the amount of material for each
student.