XIII OPERATIVE PARAGRAPHS
337. Therefore, THE COURT DECIDES,

Unanimously,
1. To reject the State’s request to suspend these proceedings, in the terms of paragraphs 36 to 50 of this judgment.

DECLARES,
By seven votes to one, that:
2. The State violated the rights to communal property, judicial guarantees and judicial protection recognized in Articles 21(1), 8(1), 25(1) of the American Convention, in relation to Articles 1(1) and 2 thereof, to the detriment of the Xákmok Kásek Community, in the terms of paragraphs 54 to 182 of this judgment.

By seven votes to one, that:
3. The State violated the right to life, established in Article 4(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of all the members of the Xákmok Kásek Community, in the terms of paragraphs 195, 196, 202 to 202, 205 to 208 and 211 to 217 of this judgment.

By seven votes to one, that:
4. The State violated the right to life established in Article 4(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of Sara Gonzáles López, Yelsi Karina López Cabañas, Remigia Ruiz, Aida Carolina Gonzáles, NN [Note: NN = no first name] Ávalos or Ríos Torres, Abundio Inter Dermott, NN Dermott Martínez, NN García Dermott, Adalberto Gonzáles López, Roberto Roa Gonzáles, NN Ávalos or Ríos Torres, NN Dermontt Ruiz and NN Wilfrida Ojeda, in the terms of paragraphs 231 to 234 of this judgment.

Unanimously, that:
5. The State violated the right to personal integrity established in Article 5(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of all the members of the Xákmok Kásek Community, in the terms of paragraphs 242 to 244 of this judgment.

By seven votes to one, that:
6. The State violated the right to juridical personality recognized in Article 3 of the American Convention, in relation to Article 1(1) thereof, to the detriment of NN Jonás Ávalos or Jonás Ríos Torres, Rosa Dermott, Yelsi Karina López Cabañas, Tito García, Aída Carolina González, Abundio Inter. Dermot, NN Dermott Larrosa, NN Ávalos or Ríos Torres, NN Dermott Martínez, NN Dermott Larrosa, NN García Dermott, Adalberto González López, Roberto Roa Gonzáles, NN Ávalos or Ríos Torres, NN Ávalos or Ríos Torres; NN Dermott Ruiz, Mercedes Dermott Larrosa, Sargento Giménez, and Rosana Corrientes Domínguez, in the terms of paragraphs 251 to 254 of this judgment.

Unanimously, that:
7. The State did not violate the right to juridical personality recognized in Article 3 of the American Convention, to the detriment of the Xákmok Kásek Community, in the terms of paragraph 255 of this judgment.

Unanimously, that
8. The State violated the rights of the child established in Article 19 of the American Convention, in relation to Article 1(1) thereof, to the detriment of all the children of the Xákmok Kásek Community, in the terms of paragraphs 259 to 264 of this judgment.

By seven votes to one, that
9. The State failed to comply with its obligation not to discriminate established in Article 1(1) of the American Convention, in relation to the rights recognized in Articles 21(1), 8(1), 25(1), 4(1), 3 and 19 of the American Convention, in the terms of paragraphs 273 to 275 of this judgment.

Unanimously, that:
10. The State indicated its acceptance of certain reparations, according to the provisions of paragraph 32 of this judgment, and this has been assessed positively by the Court, as established in the said paragraph of this judgment.

AND ORDERS,
unanimously, that:
11. This judgment constitutes per se a form of reparation. 12. The State must return to the members of the Xákmok Kásek Community the 10,700 hectares it is claiming, in the way and within the time established in paragraphs 281 to 290 of this judgment.
13. The State must ensure immediately that the territory claimed by the Community is not harmed due to actions of the State itself or of private third parties, in the terms of paragraph 291 of this judgment
14. The State must, within six months of notification of this judgment, remove the formal obstacles to granting title to the 1,500 hectares of “25 de Febrero” to the Xákmok Kásek Community, in the terms of paragraph 293 of this judgment.
15. The State must, within one year of notification of this judgment, grant title to the 1,500 hectares of “25 de Febrero” to the Xákmok Kásek Community, in keeping with the provisions of paragraphs 294 and 295 hereof.
16. The State must organize a public act of acknowledgement of responsibility within one year of notification of this judgment, in the terms of paragraph 297 hereof.
17. The State must make the publications ordered in paragraph 298 of this judgment, in the manner and within the time indicated in the said paragraph.
18. The State must broadcast the official summary of the judgment delivered by the Court on a radio station with widespread coverage in the Chaco region, in the way and within the time indicated in paragraphs 301 and 302 of this judgment.
19. While it is processing the award of the traditional land or, if applicable, alternate land to the members of the Community, the State must take immediately, periodically or permanently the measures indicated in paragraphs 301 and 302 of this judgment.
20. The State must prepare the study indicated in paragraph 303 within six months of notification of this judgment in the terms of paragraphs 304 and 305 hereof.
21. The State must establish a permanent health clinic in “25 de Febrero,” equipped with the necessary supplies and medicines to provide adequate health care, within six months of notification of this judgment, in the terms of paragraph 306 hereof.
22. The State must establish immediately in “25 de Febrero” the communication system indicated in paragraph 306 of this judgment.
23. The State must ensure that the health care center and the communication system indicated in the twenty-first and twenty-second operative paragraphs supra are moved to the site of the Community’s definitive settlement once it has recovered its traditional land, in keeping with the provisions of the twelfth operative paragraph supra.
24. The State must implement, within one year of notification of this judgment at most, a registration and documentation program, in the terms of paragraph 297 of this judgment.
25. The State must, within two years of notification of this judgment, adopt in its domestic law the legislative, administrative and any other kind of measures that may be necessary to create an effective system for the indigenous peoples to reclaim ancestral or indigenous lands, which allows them to exercise their right to property, in the terms of paragraphs 309 and 310 of this judgment.
26. The State must adopt immediately the necessary measures to ensure that Decree No. 11,804, declaring part of the land claimed by the Community a protected wooded area, will not be an obstacle for the return of the traditional lands, in keeping with the provisions of paragraphs 311 and 313 of this judgment.
27. The State must, within two years of notification of this judgment, pay the amounts established in paragraphs 318, 325 and 331 as compensation for pecuniary and non-pecuniary damage and reimbursement of costs and expenses, as appropriate, in the terms of paragraphs 317, 321, 322 and 330 of this judgment.
28. The State must establish a community development fund, in the terms of paragraph 323 of this judgment, and set up a committee to operate the fund, in the terms and within the time frame established in paragraph 324 of this judgment.
29. The Court will monitor full compliance with this judgment in exercise of its competence and in compliance with its obligations under the American Convention, and will consider the case closed when the State has complied fully with all its provisions. Within six months of notification of the judgment, the State must provide the Court with a report on the measures adopted to comply with it.