36
144.
The above resulted in a situation of permanent conflict triggered by third parties
interested in the Community’s land and characterized by constant threats, harassment, and acts of
violence. According to the information at the IACHR’s disposal, third parties who had purchased lots in
Garífuna ancestral lands even filed complaints for illegal appropriation or other crimes that led to arrest
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warrants being issued and executed against members of the Community
145.
Based on information in the file, the IACHR further observes that the Community
repeatedly wrote to government authorities asking for an end to sales of its ancestral lands and to the
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registration of such transactions in the public Registry, as well as for regularization of its lands. It is also
documented that, on June 9, 2006, after the IACHR had granted precautionary measures, the
Departmental Governor of Atlántida expressly requested the Mayor of Tela – at the behest of the
Secretary of State for the Interior and Justice, following a request to him from the Deputy Attorney
General of the Republic – to “refrain from granting full ownership rights to the aforementioned
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Community’s land until the inter-American human rights system reached a final decision.”
It is further
documented that, on December 4, 2007, an entry was made in the Real Estate Register “banning acts
and contracts as a precautionary measure granted by the Inter-American Commission on Human
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Rights.”
Despite that, as the IACHR noted above, acts continued to be performed that affected
peaceable possession of the ancestral lands of the Community of Triunfo de la Cruz (see above
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paragraphs 121, 122, 135,136, and 140).
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Pursuant to a complaint for encroachment filed by a person who bought a lot within the 22 manzanas from the
Municipal Trade Union, on February 15, 2008 two members of the Community were arrested and freed the following day. [Annex 76.
Order to release a detainee issued by the Prosecutor’s Office in Tela on February 16, 2008. Written communication of the petitioner
dated March 25, 2008, received by the IACHR on the same date]. The Judge of the Sectional Court of First Instance in Tela stated
that “There is a file numbered 3398, which refers to the dispute in question [a reference to the 22 manzanas]. However, given that
what it instituted was a criminal action (for the crime of encroachment), yet from the investigation it transpired that the dispute could
not be resolved in criminal proceedings, this court revoked the incarceration order issued against some of the accused and lifted the
arrest warrants issued against others. In this case, the accused were inhabitants of Triunfo de la Cruz, in whose regard it is
incumbent upon this court to dismiss the case against them and to issue the order for their release, together with an explanation that
no further arrest warrants will be issued against them in relation to this case No. 3398, nor will they be evicted.” [Annex 77.
Communiqué of the Judge of the Sectional Court of First Instance in Tela. Annex 71 of the initial petition dated October 27, 2003,
received by the IACHR on October 29, 2003]. Along the same lines, see the written communication containing observations of the
State on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007; Annex 56. Complaint dated March 22, 2001
lodged by the Fraternal Black Organization of Honduras on March 26, 2001. Annex 45 of the initial petition dated October 27, 2003,
received by the IACHR on October 29, 2003; Annex 78. Official letter FEEPC-58-02 from the Public Prosecutor’s Office for Ethnic
Groups and Cultural Heritage of Honduras to the Public Prosecutor of the Public Prosecutor’s Office of Tela, dated February 26,
2002. Annex 80 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003; Annex 79. Complaint
708-09 presented to the Criminal Investigation Bureau. Annexes of the State presented on October 20, 2010 and written
communication of the State in the precautionary measures proceedings dated July 2 nd, 2010, received by the IACHR on July 8,
2010.
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Annex 80. Communication from the Management Board of the Community to the Land Registry of Tela on June 8,
1998. Annex 81 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. Annex 81.
Pronouncement by the Land Defense Committee of Triunfo de la Cruz dated June 7, 1995. Annex 21 of the initial petition dated
October 27, 2003, received by the IACHR on October 29, 2003. Likewise, on June 26, 2000 the National Agrarian Institute
requested the Municipal Mayor of Tela to: “… refrain from taking any actions relating to the distribution of these lands until
measurement thereof is completed, their true legal status is ascertained, and an agreement is then reached between this Institute
and the Municipality.” Annex 82. Communication from the National Agrarian Institute to the Municipal Mayor of Tela on June 26,
2000. Annex 65 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 83. Official letter No. 10/2006 from the Assistant Attorney General of the Republic to the Ministry of the Interior
and Justice dated May 9, 2006; Official letter No. 113-DSM from the Ministry of the Interior and Justice to the Governor of the
Department of Atlántida dated June 6, 2006; Letter from the Governor of the Department of Atlántida to the Municipal Mayor of Tela
dated June 9, 2006. Annexes of the Writ of the State presented on October 20, 2010. Annex 84. Communication by the Public
Prosecutor’s Office for Ethnic Groups and Cultural Heritage of Honduras to the Mayor of Tela on August 10, 2010. Annex of the Writ
of the State on October 1st, 2010, received by the IACHR on October 8, 2010.
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Annex 85. Certification of entry No. 394, volume 23 of the Property Registry on May 28, 2009. Annexes presented by
the State on October 20, 2010.
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Jerson Selvit Benedit López in the testimony provided at the hearing before the IACHR, stated that, after
precautionary measures had been granted, on January 10, 2007, the Mayor granted a foreign national full ownership to a piece of
the Community’s land. IACHR, Public Hearing dated March 2, 2007 on “Case 12.548 –Garífuna Community of Triunfo de la Cruz,
Honduras”, 127th period of sessions. Testimony of Jerson Selvit Benedit. To prove that land had been sold after precautionary
measures had been granted, the petitioner presented a private deed of sale for a piece of land located in the “Las Delicias” district of
Triunfo de la Cruz, by José Manuel Arguelles to Dennis Dupuis on January 10, 2007. The State contested the argument that State