1.
To accept the partial acknowledgment of international responsibility made by
the State, pursuant to paragraphs 43 to 49 of this judgment.
2.
To reject the preliminary objection filed by the State regarding “failure to
exhaust domestic remedies” to ensure the use and enjoyment of the territory of the
Punta Piedra Garifuna community and its members, pursuant to paragraphs 29 to 32
of this judgment.
3.
To reject the preliminary objection filed by the State regarding “failure to
exhaust domestic remedies” in relation to the death of Félix Ordóñez Suazo, pursuant
paragraphs 33 and 34 of this judgment.
DECLARES,
Unanimously that:
4.
The State is responsible for the violation of the right to collective property,
recognized in Article 21 of the American Convention, and of Articles 1(1) and 2 of this
instrument, as well as the right to cultural identity, to the detriment of the Punta
Piedra Garifuna community and its members, pursuant to paragraphs 162 to 202 and
215 to 224 of this judgment.
5.
The State is responsible for the violation of the right to judicial protection
recognized in Article 25(1) and 25(2)(c) of the American Convention, in relation to
Article 1(1) of this instrument, to the detriment of the Punta Piedra Garifuna
community and its members, pursuant to paragraphs 235 to 251 of this judgment.
6.
The State is responsible for the violation of the rights to judicial guarantees and
judicial protection recognized in Articles 8(1) and 25 of the American Convention, in
relation to Article 1(1) of this instrument, to the detriment of the Punta Piedra Garifuna
community and its members and, in particular, of Félix Ordóñez Suazo, pursuant to
paragraphs 284 to 312 of this judgment.
7.
The State is not responsible for the violation of the obligation to ensure the
right to life recognized Article 4 of the American Convention, in relation to Article 1(1)
of this instrument, to the detriment of Félix Ordóñez Suazo, pursuant to paragraphs
260 to 280 of this judgment.
8.
The State is not responsible for the violation of the obligation to adapt its
domestic legislation established in Article 2 of the American Convention, in relation to
Articles 1(1), 21 and 25 of this instrument, pursuant to paragraphs 206 to 211 and
252 to 255 of this judgment.
AND ESTABLISHES,
Unanimously that:
9.
This judgment is per se a form of reparation
10.
The State shall ensure the use and enjoyment of the traditional lands that the
State titled to the Punta Piedra Garifuna community by freeing them of encumbrances.
This obligation must be fulfilled ex officio and immediately, pursuant to the terms and
time frames established in paragraphs 322 to 326 of this judgment.
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