2
2.
In its lawsuit, the Commission cited articles 50 and 51 of the American
Convention on Human Rights (hereinafter “the American Convention” or “the
Convention”) and article 32 and subsequent articles of the Rules of Procedure. The
Commission presented this case for the Court to decide whether the State violated
articles 1 (Obligation to Respect Rights), 2 (Domestic Legal Effects), 21 (Right to
Property), and 25 (Right to Judicial Protection) of the Convention, in view of the fact
that Nicaragua has not demarcated the communal lands of the Awas Tingni
Community, nor has the State adopted effective measures to ensure the property
rights of the Community to its ancestral lands and natural resources, and also
because it granted a concession on community lands without the assent of the
Community, and the State did not ensure an effective remedy in response to the
Community’s protests regarding its property rights.
3.
Likewise, the Commission requested that the Court declare that the State
must establish a legal procedure to allow rapid demarcation and official recognition
of the property rights of the Mayagna Community, as well as that it must abstain
from granting or considering the granting of any concessions to exploit natural
resources on the lands used and occupied by Awas Tingni until the issue of land
tenure affecting the community has been resolved.
4.
Finally, the Commission requested that the Court sentence the State to
payment of equitable compensation for material and moral damages suffered by the
Community, and to payment of costs and expenses incurred in prosecuting the case
under domestic jurisdiction and before the inter-American System.
II
JURISDICTION
5.
Nicaragua has been a State Party to the American Convention since
September 25, 1979, and recognized the contentious jurisdiction of the Court on
February 12, 1991. Therefore, under article 62(3) of the Convention, the Court has
jurisdiction to consider the merits of the instant case.
III
PROCEEDING BEFORE THE COMMISSION
6.
On October 2, 1995, the Inter-American Commission received in its
Secretariat a petition lodged by Jaime Castillo Felipe, Syndic of the Community, in
his own name and on behalf of the Community. Precautionary measures were also
requested in that petition, since the State allegedly was about to grant Sol del
Caribe, S.A. (SOLCARSA) (hereinafter “SOLCARSA”) a concession to commence
logging on communal lands. On the 6th of that same month and year, the
Commission acknowledged receipt of said brief.
7.
On December 3, 1995, and January 4, 1996, the Commission received briefs
reiterating the request for the precautionary measures mentioned in the previous
paragraph.
8.
On January 19, 1996, the petitioners requested a hearing before the
Commission, but the Commission answered that it would not be possible to grant
that request.