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ii)
in its effort to determine monetary responsibilities against the
State, the Commission concludes that in any case those damages were
against third parties, who are not parties to this case nor have they
brought claims against the State, for which reason it does not
recognize the ancillary nature of international jurisdiction;
iii)
the claim made by the Community is disproportionate and
irrational, and it refers to an area in which they have not had ancestral
possession;
iv)
and
the Community has not been displaced from the lands it claims;
v)
there has been no alteration of the form of life, beliefs,
customs, and production patterns of the Community;
b)
any claim for compensation derived from actions of the courts of
justice is unfounded because the Community:
i)
did not request titling of its alleged ancestral lands through
judicial procedures;
ii)
did not exhaust domestic remedies;
iii)
did not exercise due diligence in its procedural actions; and
iv)
obtained the annulment of the logging concession, “the only
judicial remedy requested”;
c)
the alleged judicial delay attributed to the national courts did not
cause any type of moral nor patrimonial damage to the detriment of the
Community, because:
i)
it was not displaced nor did it suffer invasion of the areas
occupied;
ii)
it has remained within the area it claims as ancestral, “hunting,
fishing, farming, and visiting its sacred places”;
iii)
its ancestral form of life (social cohesion, values, beliefs,
customs, health standards, and productive patterns) was not altered;
and
iv)
it suffered no lost earnings nor consequential damages;
d)
the State proved that there has been considerable progress regarding
land titling of indigenous communities on the Atlantic Coast, such as:
i)
making a contract for a study to diagnose the land tenure
situation and the areas claimed by those communities; and
ii)
preparing a draft bill for the “Special Law to Regulate the
Communal Property System of the Indigenous Communities of the
Atlantic Coast and BOSAWAS”, and conducting an extensive process of