149. On April 13, 2010, Edito Suazo Ávila, representative of the Punta Piedra
Community Development Association filed a complaint before the Public Prosecution
Service against “ladinos or outsiders” for the offenses of usurpation and threats owing
to the invasion of the community’s lands and because the community was “receiving
threats” as a result of this dispute. Inquiry No. 0801-2010-12292 was therefore
opened. 182
150. Also, on April 16, 2010, Edito Suazo Ávila and Antonio Bernárdez Suazo,
members of the Punta Piedra community, filed a complaint against Alejandro Ortiz,
Efraín Ortiz and Calín Ortiz before the Ethnic Affairs Prosecutor owing to threats
against Paulino Mejía, member of their community. According to the complaint,
registered as No. 0810-2010-12739, the said individuals had invaded lands belonging
to the community, particularly a part of the territory that the Development Association
had granted to Paulino Mejía so that he could work it. The complaint indicated that the
said individuals had allegedly threatened Paulino Mejía telling him to leave and hand
the lands over to them, otherwise he would suffer the same fate as Félix Ordóñez,
presumably murdered previously due to a land dispute. 183
151. Regarding the complaint for usurpation and threats against the Punta Piedra
community (complaint No. 0801-2010-12292), on April 13, 2010, the Ethnic Affairs
Prosecutor issued an order requiring a police investigation and ordered the General
Directorate of Criminal Investigation to conduct a series of procedures in order to
investigate the presumed usurpation on the area by third party occupants. 184
152. With regard to the complaint of threats against Paulino Mejía (complaint No.
0801-2010-12739), on April 17, 2010, the Ethnic Affairs Prosecutor issued an order
requiring a series of pertinent preliminary procedures 185 (infra para. 304). The two
complaints, the one on usurpation and threats against the Punta Piedra community,
and the other on threats against Paulino Mejía, were investigated jointly as No. 08012010-12292.
153. On June 3 and 4, 2013, DNIC agents visited the area of the facts, as requested
by the Ethnic Affairs Prosecutor, 186 and took the statements of four members of the
Punta Piedra community. 187 The statements were consistent in indicating that, since
1993, part of the community’s territory had been occupied by outsiders, who had
allegedly threatened its members on several occasions.
154. As a consequence of the visit to the area of the facts, the DNIC agents issued
two records of the police procedure, 188 and a report for the Ethnic Affairs Prosecutor 189
182
183
2445).
Cf. Complaint No. 0801-2010-12291 filed on April 13, 2010 (evidence file, folio 109).
Cf. Complaint No. 0801-2010-12739 filed on April 16, 2010 (evidence file, folios 111, 2443 to
The procedures ordered included: to identify the accused, to take statements from witnesses, to
verify the community’s ownership titles, and to inspect the scene of the crime. Cf. Request for a police
investigation of complaint No. 0801-2010-122292 of April 13, 2010 (evidence file, folio 1671).
185
Cf. Request for a police investigation of complaint No. 0801-2010-12739 of April 17, 2010 (evidence
file, folios 2446 to 2477).
186
Cf. Official letter FEEPC 324/2013 and Official letter FEEPC 355/2013 of the Ethnic Affairs Prosecutor
of May 24 and June 7, 2013 (evidence file, folio 1641 and 1645).
187
Cf. Statement of Edito Suazo Ávila of June 3, 2013; statement of Antonio Bernárdez Suazo of June
3, 2013; statement of Andrés Álvarez Bernárdez of June 3, 2013, and statement of Isabel Bernárdez
Martínez of June 3, 2013 (evidence file, folios 1648 to 1664).
188
Cf. Record of police procedure of June 3, 2013 (evidence file, folios 1665 and 1666) and Record of
police procedure of June 4, 2013 (evidence file, folios 1667 to 1669).
184
45