28 land and the uncertainty surrounding its territory, given “the lack of collective titling, expansion, and remeasurement that we have repeatedly requested from the relevant institutions to no avail.” 110 120. Nevertheless, the IACHR has not been informed of actions undertaken by those authorities to effectively investigate the facts giving rise to the complaints and avert a recurrence of similar deeds. Rather, the information at the Commission’s disposal indicates that the municipal authorities took further actions that to this day prevent peaceful possession by the Community of this part of its ancestral territory, even after the IACHR granted precautionary measures on April 28, 2006. 121. It is clear, based on the evidence presented, that on July 6, 2006, the Municipality of Tela approved the signing of a transaction with the IDETRISA and MACERICA to solve a dispute between the 111 two companies regarding ownership of the area. That transaction resulted in public deed No. 46 of 112 August 17, 2006, which can be found in the file with the IACHR. On October 4, 2006, the Municipality decided to render null and void the agreement under which it decided to sign the aforementioned 113 contract. Nevertheless, according to the information at the IACHR’s disposal, on August 28, 2006, the contract was registered in the Real Estate and Commercial Registry in Tela, and on October 18, 2006, it was registered in the Register of Property, Mortgages, and Provisional Property Registration of the same 114 Public Registry Office. 122. Furthermore, the information at the IACHR’s disposal indicates that construction work on 115 the tourism project subsequently resumed. Based on information provided by the petitioner and not contested by the State, the IACHR notes that construction is currently under way in this part of the Garífuna Community’s ancestral territory. It also notes that the companies apparently conducting these works with the authorization of the Municipality of Tela, have allegedly closed access roads to the beach used by members of the Community, thereby preventing them from carrying out their traditional fishing 116 activities. 110 Annex 35. Communication from the Pro-Improvement Community Council of Triunfo de la Cruz to the Attorney General on November 30, 1998. Annex 36 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 111 Annex 36. Certification of Minutes No. 18 point 10 of the meeting held by the Municipality of Tela on September, 29 2006. Annex of the petitioner’s written communication in the precautionary measures proceedings of September 14, 2011, received by the IACHR on October 3, 2011. 112 Annex 37. Notarized deed No. 46 on “settlement of litigation, decision to invalidate the purchase of several real estate properties and annulment of the corresponding entries in the Registry, rectification of boundaries, award of part of a property to a litigant, pursuant to the arrangement and commitment to grant a gratuitous bailment contract” signed by Macerica, Idetrisa and the Municipality of Tela on August 17, 2006. Annex of the petitioner’s written communication in the precautionary measures proceedings of September 14, 2011, received by the IACHR on October 3, 2011. 113 Annex 36. Certification of Minutes No. 18 point 10 of the meeting held by the Municipality of Tela on September, 29 2006. Annex of the petitioner’s written communication in the precautionary measures proceedings of September 14, 2011, received by the IACHR on October 3, 2011. 114 Annex 37. Notarized deed No. 46 on “settlement of litigation, decision to invalidate the purchase of several real estate properties and annulment of the corresponding entries in the Registry, rectification of boundaries, award of part of a property to a litigant, pursuant to the arrangement and commitment to grant a gratuitous bailment contract” signed by Macerica, Idetrisa and the Municipality of Tela on August 17, 2006. Annex of the petitioner’s written communication in the precautionary measures proceedings of September 14, 2011, received by the IACHR on October 3, 2011. 115 Annex 38. Public complaint by the Management Board on February 12, 2007. Attached to the petitioner’s written communication of August 16, 2007, received by the IACHR on August 17, 2007. IACHR, Public Hearing dated March 2 nd, 2007 on “Case 12.548 – Garifuna Community of Triunfo de la Cruz, Honduras”, 127th period of sessions. Testimony of Jerson Selvit Benedit. Annex 39. Article titled “Desisten de juicios para reiniciar proyectos turísticos en puerto de Tela”. [Lawsuits waived in order to resume tourism projects in the Port of Tela] Annex of the petitioner’s written communication in the precautionary measures proceedings of August 13, 2006, received by the IACHR on August 22, 2006. 116 Annex 40. Communiqué of the Management Board of the Community dated February 24, 2012. Annex to the petitioner’s written communication dated March 9, 2012, received on the same date; Annex 41. Photographs of a poster which reads: “Beach access road. Authorized by the Municipality of Tela; ceded, set up, and financed by IDETRISA” and “Private property. Forbidden to use to access the beach." Annex of the petitioner’s writ dated March 9, 2012, received on the same date; Press release titled “Construcción de muro en Triunfo de la Cruz viola medidas cautelares dictadas por la IACHR”, [Construction of wall in Triunfo de la Cruz violates precautionary measures issued by the IACHR] August 2 nd, 2011. With regard to that, the petitioner said: "In recent months, a perimeter wall is being built that is about 500 meters long by 300 meters. Bursts of heavy arms fire are often heard on the site." Petitioner’s writ in the precautionary measures proceedings of August 5, 2011.

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