45 231 Prosecutorial Circuit, specialized in environment, initiated its consideration of the preliminary inquiry. In response to the request by the Commission regarding this investigation, the State informed the Commission that “the Attorney General of the Nation has state that it has not been possible to locate this 232 criminal complaint […].” b) Criminal proceeding for crimes against the environment before the Office of the th 11 Prosecutor of the First Judicial Circuit 171. On January 16, 2007, the Caciques General of the Kuna Comarca of Madungandí filed a complaint for crime against the environment before the Specialized Unit on Crime against the Environment of the Technical Judicial Police, which received number 002-07. It was based on Article 394 of Law 5 of January 28, 2005, which punishes with imprisonment of two to four years and with a fine of 50 to 150 days “one who, breaching the established norms on environmental protection, destroys, extracts, contaminates, or degrades the natural resources, causing irreversible adverse effects, direct or indirect.” Specifically, they denounced that unknown persons were devastating forest areas of the Kuna Comarca of Madungandí, especially the areas of Loma Bonita, Curtí, Wacuco, and Tortí Abajo. The complaint identified two persons who were said to be leading the movement of peasants to the territory of the 233 Comarca. 172. On January 23, 2007, the Chief of the Unit on Crimes against the Environment took steps to determine the identity of the persons allegedly responsible, requests for information that were 234 answered on January 25, 2007. In addition, on January 23, 2007, it sent a request for information to the ANAM in order to determine whether the Comarca was part of the Bayano watershed, which was 235 answered in the affirmative. By resolution of January 25, 2007, the Chief of the Unit on Crimes against 236 the Environment opened the corresponding preliminary investigation. 173. After taking supplemental statements from the first and second caciques of the Kuna Comarca of Madungandí, by resolution of January 30, 2007, it was ordered to forward the proceedings up until that moment to the Office of the Special Prosecutor for Environmental Crimes, considering that the complaint should have been filed with the Circuit Judges, according to Article 159 of the Judicial Code. 237 The complaint was forwarded the same day. 174. In tandem with the foregoing process, on February 1, 2007, the Corporación de Abogados Indígenas de Panamá, in representation of the Kuna Congress of Madungandí, filed a criminal th complaint for crimes against the environment with the 11 Prosecutor of Panama against three 238 individuals. On February 2, 2007, it was decided to assign to the Office of the 11th Prosecutor of the First Judicial Circuit of Panama the investigation in the context of the above-mentioned complaint 002231 The last action of which the IACHR has knowledge is that on April 9, 2007, the 11 th Prosecutor of the Circuit communicated with the Office of the Fifth Prosecutor of the First Judicial Circuit to report that a complaint was lodged with his office by the Caciques General of the Kuna Comarca of Madungandí for various offenses. In his last communication Héctor Huertas stated that it was joined to the criminal proceeding described next. Annex X. File 212, folio 81. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007. 232 Submission of the State of September 17, 2012, received on September 24, 2012. 233 Annex 82. File 0118, folios 1 and 2. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 234 Annex 82. File 0118, folios 12-14 and 17-25. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 235 Annex 82. File 0118, folio 15. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007. 236 Annex 82. File 0118, folio 30. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007. 237 Annex 82. File 0118, folios 44 and 46. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 238 Annex 82. File 0118, folios 49 and 50. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007. 10, 2007. 2007. 2007.