Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

82 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS It concludes, in this way, that the defendant State violated Arti- cle 21 17 of the American Convention (right of property) - including the right for the members of the indigenous community concerned to use and enjoy belongings - when it did not set out the borders and demarcate their lands; and furthermore, it granted licenses for the exploitation of assets and resources located in the area. For this very reason it was determined that Nicaragua, in the maximum period of 15 months, should delimit and demarcate the territory destined to the community’s ownership; and that in the pe- riod that this delimitation, demarcation and concession of titles was not yet in place, it should act in acquiescence or tolerance, abstaining from behavior which would lead agents of the State or any third party to affect the existence, value, use or enjoyment of assets located in the geographical zone where the aforementioned members of the indigenous community live and carry out their activities. Likewise, with a foothold in Article 2 18 of the Convention, the Court considered that the State should adopt legal, administrative and other mea- sures which may become necessary to create an effective procedure in the demarcation of indigenous areas. The judgement counted with the participation of Antônio Cançado Trindade (Brazil) as the President; Máximo Pacheco Gómez (Chile) as Vi- cepresident; Hernán Salgado Pesantes (Equador), Judge; Oliver Jackman (Barbados), Judge; Alirio Abreu Burelli (Venezuela), Judge; Sergio García Ramírez (Mexico), Judge; Carlos Vicente de Roux Rengifo (Colombia), Judge, and Alejandro Montiel Argüello (Nicaragua), ad hoc Judge 19 . 17 Article 21. Right to Property: 1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. 3. Usury and any other form of exploitation of man by man shall be prohibited by law. 18 Article 2. Domestic Legal Effects: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 19 The Statute of the Inter-American Commission on Human Rights, Article 10, on ad hoc judges: 1. If a judge is