Inter-American Court of Human Rights
Case of the Mayagna (Sumo) Awas Tingni Community
v. Nicaragua
Judgment of February 1, 2000
(Preliminary Objections)
In the Mayagna (Sumo) Awas Tingni Community Case (hereinafter “the Community”
or “the Mayagna Community”),
The Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”), composed of the following judges:
Antônio A. Cançado Trindade, President
Máximo Pacheco Gómez, Vice President
Hernán Salgado Pesantes, Judge
Oliver Jackman, Judge
Alirio Abreu Burelli, Judge
Sergio García Ramírez, Judge
Carlos Vicente de Roux Rengifo, Judge and
Alejandro Montiel Argüello, Judge ad hoc;
also present,
Manuel E. Ventura Robles, Secretary and
Renzo Pomi, Deputy Secretary
pursuant to Article 36.6 of its Rules of Procedure (hereinafter “the Rules of
Procedure”), delivers the following judgment on the preliminary objections filed by
the State of Nicaragua (hereinafter “the State” or “Nicaragua”).
I
INTRODUCTION OF THE CASE
1.
This case was submitted to the Court by the Inter-American Commission on
Human Rights (hereinafter “the Commission” or “the Inter-American Commission”)
on June 4, 1998. It originated from petition No. 11,577, received by the Secretariat
of the Commission on October 2, 1995.
II
FACTS SET FORTH IN THE APPLICATION
2.
In the following paragraphs, the Court summarizes the facts alleged by the
Commission in the application brief that are relevant for considering the preliminary
objection: