interpreter of the American Convention. 350 The foregoing is especially applicable to the
interpretation of mining legislation in light of the standards described in this judgment
(supra para. 222).
E.2 Creation of effective mechanisms for regulation of the Property
Registry
347. In view of the fact that the examination of the facts of the case revealed a lack
of clarity in the Honduran Property Registry that could be permitting an overlapping of
titles in rural areas (supra para. 201), the Court deems it pertinent to order the State
to create adequate mechanisms to avoid similar actions in the future having adverse
effects on the right to property in rural areas such as those analyzed in this case.
E. 3 Other measures requested
348. Regarding the other measures of reparation indicated in this section related to
the community’s historical memory, the exclusion from the municipal town centers,
and the adoption of a multi-communal title for the area of Iriona and Gracias a Dios,
the Court considers that the delivery of this judgment and the reparations ordered
herein are sufficient and adequate for the instant case; therefore, it does not find it
necessary to order the measures requested.
F. Obligation to investigate the facts, identify, prosecute and, as appropriate,
punish those responsible
349. The Commission asked the Court to order the State to investigate and punish
those responsible for the threats, harassment, acts of violence and intimidation, and
damage to the property of the Punta Piedra community and its members.
350. The representatives asked the Court to order the State to investigate and
punish the threats, harassment, acts of violence, repression and murders of members
of the Punta Piedra community and to investigate and punish the state agents who, by
act or omission, contributed to the impunity surrounding the violations in this case.
351. Meanwhile, the State indicated that it “is more than willing to investigate and
punish those responsible for the threats, harassment, acts of violence and intimidation,
and damage caused to the property of the Punta Piedra Garifuna community and its
members.”
352. Regarding the complaint for land usurpation and the criminal proceedings
concerning the death of Félix Ordóñez Suazo, and the complaints related to land
usurpation, threats and abuse of authority to the detriment of the Punta Piedra
Garifuna community, in the instant case the Court has found the State responsible for
the violation of the rights recognized in Articles 8(1) and 25(1) of the Convention,
because the omissions and irregularities in the proceedings clearly revealed the
ineffectiveness of the actions taken by the State to clarify the facts and punish those
responsible (supra paras. 302, 308 and 312).
350
Cf. Case of Almonacid Arellano et al., para. 124 and Case of Expelled Dominicans and Haitians, supra,
para. 311.
96