Human rights — Property rights — Recognition of indigenous land rights — Indigenous Mayagna (Sumo) Awas Tingni Community in Nicaragua — Property rights to communal ancestral lands and natural resources — Use and enjoyment of property — Nature and content of right to property — Article 21 of American Convention on Human Rights, 1969 (“the Convention”) — Interpretation — Nature of relationship of Community with its traditional communal land and natural resources — Conservation — Indigenous custom and tradition — Right to property linked to physical and cultural survival of indigenous people — Whether Community having right that Nicaragua carry out delimitation, demarcation and titling of Community property — Whether Nicaragua having to abstain from granting concessions to third parties — Whether Nicaragua violating Article 21 of the Convention in relation to Articles 1(1) and 2 of the Convention

Human rights — Right to judicial protection — Article 25 of the Convention — Whether effective procedure in Nicaragua for demarcation and titling of indigenous communal lands — Whether domestic legal measures adequate — Whether amparo remedy filed by Community members processed within reasonable time — Whether Nicaragua violating Article 25 of the Convention in relation to Articles 1(1) and 2 of the Convention

International tribunals — Inter-American Court of Human Rights — Case referred by Inter-American Commission on Human Rights — Procedure — Jurisdiction — Preliminary objection by Nicaragua — Exhaustion of domestic remedies — Articles 46 and 47 of the Convention — Competence of Court — Article 62(3) of the Convention — Admissibility — Merits — Evaluation of evidence — Reparations — Provisional measures — Court to monitor compliance with judgment

State responsibility — Human rights violations — State responsibility rules applicable under international human rights law — State responsible for actions or omissions by public authority — Article 1(1) of the Convention

Relationship of international law and municipal law — American Convention on Human Rights, 1969 — Constitution of Nicaragua — Indigenous community seeking demarcation of ancestral lands through Nicaraguan courts — Amparo remedy — Protection of ancestral lands and natural resources — Logging concession without Community consent — Whether constitutional — Whether Nicaragua adopting effective measures to ensure Community’s property rights — Whether Nicaragua providing effective remedy — Whether Nicaragua violating Articles 1(1), 2, 21 and 25 of the Convention

Damages — Reparations — Nicaragua to adopt measures to create effective mechanism for demarcation and titling of indigenous communal property — Nicaragua to carry out demarcation and titling of Community property and to abstain from granting concessions meanwhile — Judgment on merits — Monetary compensation for immaterial damages — Costs and expenses — Article 63(1) of the Convention