3
the Court, to avoid abridgement of the property rights of the Community, and
to avoid irreparable damage to the life, health, and well-being of the Awas
Tingni Community.
5.
The July 22, 2002 brief by the Inter-American Court, calling upon the State of
Nicaragua and the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission” or “the Commission”) to submit the observations they
deemed appropriate regarding the request filed by the representatives of the
Mayagna Community (supra 2, 3 and 4) within 15 days from the date they received
the request by the Court.
6.
The July 29, 2002 brief filed by the Inter-American Commission, in which it
stated that it believed it “necessary for the [...] Inter-American Court of Human
Rights to adopt appropriate measures to allow the parties to fully and effectively
execute the August 31, 2001 Judgment.” In that same brief, the Commission
requested the Court to “take action as necessary to avoid immediate and irreparable
damage resulting from current activities of third parties who have established
themselves in territory belonging to the Community or who exploit natural resources
existing in that territory, until the definitive delimitation, demarcation, and titling
ordered by the Court are carried our.”
7.
The August 16, 2002 brief filed by the State of Nicaragua in which it stated
that “in the Minutes of the meeting held on July 22 and 23 of this year [...] an
agreement was reached with members of the Community and their legal
representatives, to respond in writing to [the request of observations made by the
Court (supra 5)] at the next meeting [between the State and the representatives of
the Community] to be held on September 2, 2002,” as well as the brief sent by the
Inter-American Court on that same day, stating that in light of the existence of an
agreement with the representatives of the Community regarding submission of
observations, an extension had been granted until September 3, 2002 to submit the
observations requested by the Court.
8.
The brief filed by the representatives of the Mayagna Community on August
30, 2002, in which they Stated that “[n]o agreement has been reached nor is there
one now between the Community and the [S]tate of Nicaragua regarding the Court’s
request for provisional measures” and that “[w]hile the matter was incidentally
discussed [...] no such agreement was ever reached.”
9.
The September 5, 2002 brief filed by the State, in which it reported that:
on Monday, September 2 of this year, the VI Meeting of Commission II was held, with
participation by the legal representatives of the Community, and at this meeting it was
agreed that the Government of Nicaragua would grant provisional recognition of the
rights to use, possession and development by the community subsequent to carrying out
the diagnostic study, along the lines of the proposal made by the Community and taking
into account the results of the diagnostic study itself. [...] In this regard, [...] the
Government of Nicaragua conducted an in situ inspection in the Awas Tingni Community
from August 18 to 28 of this year [...] and as a demonstration of good will by the
Government of Nicaragua, it was agreed that it would respond in writing to the proposal
made by the Awas Tingni Community for a provisional joint management mechanism for
conservation and sustainable use of the forestry resources of the territory, before the
next meeting of the Commission, to be held on October 31, 2002, at Puerto Cabezas,
Nicaragua.