5 that might lead the agents of the State itself, or third parties acting with its acquiescence or its tolerance, to affect the existence, value, use or enjoyment of the property located in the geographic area where the members of the Mayagna (Sumo) Awas Tingni Community live and carry out their activities.'” Accordingly, they stated that there is still “concern about [the State] taking advantage of such procedures in order to grant third parties rights within Awas Tingni territory”, for which reason they “urge Nicaragua [to] decide upon any interest held by third parties in the territory already titled, in favor of the Awas Tingni, pursuant to the principles ruling the rights to land the indigenous peoples have under […] international law.” 12. That in its communication dated March 6, 2009, the Inter-American Commission stated that it “welcomed the substantial progress in compliance with the Judgment[,] hoping the title clearing stage will be effected as soon as possible […] without affecting the property rights already acknowledged [and] considering it essential for the State to adopt all the protection and surveillance measures that may be necessary so that the title clearing stage be carried out without risk for the life and the physical integrity of the Awas Tingni Community members[; for which reason it concludes] that compliance with the obligation of the State of Nicaragua to guarantee the use and enjoyment of the territory belonging [to the beneficiaries] is still pending.” 13. That the Court observes that paragraph 4 in the Judgment of August 31, 2001 includes two aspects. On the one hand, the obligation of the State to delimit, demarcate and title the land, and on the other hand, the obligation, until such actions have been done, to abstain from any acts that might lead the agents of the State itself, or third parties acting with its acquiescence or its tolerance, to affect the existence, value, use or enjoyment of the property located in the geographical area in question. That is to say that, as far as the order by the Court in the fourth operative paragraph of its Judgment is concerned, the duty regarding abstention remains in force as long as the active obligation to delimit, demarcate and title has not been done, for which reason once the latter is discharged, the former lapses. 14. That on the basis of the information provided by the parties, the Court observes that the State, in a ceremony that took place on December 14, 2008, conveyed unto Mr. Levito Jhonatan Malean, who represented the members of the Community, the title to ownership over 73,394 hectares, thereby complying with the obligation to delimit, demarcate and title the lands in favor of the members of the Awas Tingni Community, pursuant to the provisions in the fourth operative paragraph of the Judgment delivered on August 31, 2001 (supra Having Seen Clause Number 1). 15. That the Inter-American Court sets much store by the fact that the State has fully complied with the reparation measures ordered by this Tribunal in the Judgment on the Merits, Reparations and Costs of August 31, 2001, something which establishes an important legal precedent in International Human Rights Law, since this one is a leading case on the matter of recognition of the property rights vested in the indigenous peoples, as well as of their ancestral values, usages and customs. 16. That the Court acknowledges the efforts deployed by the State to guarantee the rights of the Indigenous Communities in the area and, in such regard, it reminds the State that compliance with the Judgment does not exempt it from its duty to adopt the mechanisms it may consider effective in order to ensure to all persons subject to its jurisdiction the free and full exercise of their rights, pursuant to the general obligations the States Parties to the American Convention have under Article 1(1) thereof. 17. That the Court urges the State to keep promoting and protecting the rights of the indigenous peoples in Nicaragua, in accordance with International Human Rights Law. THEREFORE:

Select target paragraph3