The facts of the petition refer to the right of the Garifuna Community of Triunfo de la Cruz to have a suitable and culturally appropriate title to their traditional territory, highlighting that recognizing a part was delayed and in effect denied a single title over the totality of the territory. This situation resulted in the state's failure to effectively protect the territory against occupation and dispossession by third parties.

The Inter-American Court also applied standards on free, prior, and informed consent on adopting decisions on issues such as the planning and execution of projects and tourism megaprojects, the creation of a protected area and the sale of communal lands; it also analyzed the state's responsibility for the harassment suffered by community authorities due to their activities defending their lands.

ACHR
21, 1.1, 2
21, 1.1
8, 25, 1.1

ACHR
21, 1.1, 2
8.1, 25, 1.1
2, 1.1, 21, 8, 25

ACHR
4, 1.1