of Colon. In an order of November 14, 2014, 5 the Court decided to reject the request
for provisional measures because: (i) the State had provided security and protection to
avoid any reprisals through the intervention of members of the Xatruch Military Unit;
(ii) the incidents occurred in a community other than the Punta Piedra Garifuna
community, and (iii) there was insufficient evidence to prove a relationship or
connection between the incidents that had occurred and the participation of Miriam
Miranda and other members of OFRANEH as representatives in this case, or a direct
relationship with the situations alleged herein.
10.
Call to a public hearing. In an order of July 31, 2014, 6 the Court’s President
decided, among other matters: (i) to transfer to the instant case the expert opinion of
Jose Aylwin previously provided at the public hearing in the case of the Triunfo de la
Cruz Garifuna Community and its members v. Honduras; (ii) to require the statements
of eleven presumed victims offered by the representatives, two witnesses offered by
the State and one expert witness offered by the representatives to be provided before
notary public or traditional authorities of the Punta Piedra Garifuna community, and
(iii) to call the parties to a public hearing to receive the statements of two presumed
victims proposed by the representatives and an expert opinion proposed by the
Commission. In a communication of August 21, 2014, the Commission asked the Court
to allow James Anaya to render his expert opinion in a different manner. Accordingly,
the Court decided that his opinion be presented by affidavit. 7 The statements made
before notary public and traditional authorities were received on August 22 and 25 and
September 11, 2014. 8
11.
Request to joinder cases. In a communication of August 11, 2014, the
representatives asked the Court to joinder the cases of the Punta Piedra Garifuna
Community and the Triunfo de la Cruz Garifuna Community as they considered that
the requirements established in Article 30 of the Court’s Rules of Procedure had been
met. In a note of the Secretariat of August 29, 2014, the parties were informed that
“due to the different and specific characteristics of each case, as well as the actual
procedural stage of each one, the full Court has considered it unnecessary to joinder
the cases.”
12.
Public hearing. The public hearing was held on September 2, 2014, in Asunción,
Paraguay, during the Court’s 51st special session. At the hearing, the Court received
the statements of presumed victims Lidia Palacios and Doroteo Thomas Rodriguez
proposed by the representatives, as well as the final oral observations and arguments
of the Commission, the representatives and the State.
5
Case of the Punta Piedra Garifuna Community and its members v. Honduras. Order of the InterAmerican Court of Human Rights of November 14, 2014. Available at: http://www.corteidh.or.cr/docs/
medidas/garifuna_se_02.pdf
6
Case of the Punta Piedra Garifuna Community and its members v. Honduras. Order of the President
of
the
Inter-American
Court
of
Human
Rights
of
July
31,
2014.
Available
at:
http://www.corteidh.or.cr/docs/asuntos/garifuna_31_07_14.pdf
7
In a communication of August 21, 2014, the Commission advised that expert witness James Anaya
“would be unable to travel to Paraguay to provide his expert opinion at the public hearing” and therefore
asked the Court to allow the expert witness to provide his opinion by electronic audiovisual means, or else
by affidavit. In a note of the Secretariat of August 28, 2014, the Commission was informed that the full
Court had decided that the expert witness should provide his opinion “by affidavit, because the reason for
the need to change [the way in which the expert opinion would be provided] had not been justified.”
8
In a Secretariat note of August 28, 2014, it was recorded that “the representatives have not
forwarded the statements of Roberto Mejia Castillo and Juliana Suazo Montero, presumed victims in the
case, pursuant to the first operative paragraph of the President of the Court’s order dated July 31, 2014.”
8