82
173.
Therefore,
THE COURT,
By seven votes to one,
1.
finds that the State violated the right to judicial protection enshrined in article
25 of the American Convention on Human Rights, to the detriment of the members of
the Mayagna (Sumo) Awas Tingni Community, in connection with articles 1(1) and 2
of the Convention, in accordance with what was set forth in paragraph 139 of this
Judgment.
Judge Montiel Argüello dissenting.
By seven votes to one,
2.
finds that the State violated the right to property protected by article 21 of
the American Convention on Human Rights, to the detriment of the members of the
Mayagna (Sumo) Awas Tingni Community, in connection with articles 1(1) and 2 of
the Convention, in accordance with what was set forth in paragraph 155 of this
Judgment.
Judge Montiel Argüello dissenting.
Unanimously,
3.
decides that the State must adopt in its domestic law, pursuant to article 2 of
the American Convention on Human Rights, the legislative, administrative, and any
other measures necessary to create an effective mechanism for delimitation,
demarcation, and titling of the property of indigenous communities, in accordance
with their customary law, values, customs and mores, pursuant to what was set forth
in paragraphs 138 and 164 of this Judgment.
Unanimously,
4.
decides that the State must carry out the delimitation, demarcation, and
titling of the corresponding lands of the members of the Mayagna (Sumo) Awas
Tingni Community and, until that delimitation, demarcation and titling has been
done, it must 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 geographic area where the
members of the Mayagna (Sumo) Awas Tingni Community live and carry out their
activities, the above in accordance with what was set forth in paragraphs 153 and
164 of this Judgment.
Unanimously,
5.
finds that this Judgment constitutes, in an of itself, a form of reparation for
the members of the Mayagna (Sumo) Awas Tingni Community.
By seven votes to one,