38
149.
It transpires from the file with the Commission that, on March 9, 2006, the Governance
and Transparency Manager of the Municipality of Tela convened a meeting to “evaluate the situation of
the Assembly given the existence of the two Boards and to appoint the one that the people regards as its
representative.” According to a statement by that official, “an invitation was sent to the incoming and
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outgoing Management Boards to attend the meeting together with the General Assembly.”
Along the
same lines, José Ángel Castro stated in his testimony to the IACHR that:
The Tela Municipality established a parallel community council against the will of the Community of
Triunfo de la Cruz, because the Community had elected a council in a democratic and transparent
manner that the Municipality recognized in the first year, after which the Municipality, through the
Municipal Department of Governance and Transparency, financed and signed on to a parallel
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council.
150.
The IACHR observes that, from then on and at least until June 19, the Management
Board headed by BM continued to be registered in the Tela Municipality, according to the Municipality’s
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own records.
151.
According to the information at the IACHR’s disposal, two elections of the Management
Board of the Community Council were held in this period, in 2007 and in 2009, resulting on both
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occasions in the election of Teresa Reyes.
The file with the IACHR indicates that in both cases the
Management Board chaired by Teresa Reyes filed requests with the Municipality of Tela for “registration
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and recognition,” on May 16, 2008 and February 20, 2009, respectively. The information in the file with
the IACHR indicates that, through a resolution dated December 23, 2008, the Municipality dismissed the
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first request for registration, and the IACHR deduces that the second request was also in vain because
it ascertained that the Management Board of BM remained registered in June 2009. The IACHR also
notes that, given the Municipality’s refusal, the Management Board chaired by Teresa Reyes was also
registered with the Unit for Registration and Monitoring of Civil Associations of the Secretariat of the
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Interior and Justice.
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Annex 89. Report on the visit of the Manager for Governance and Transparency of the Municipality of Tela on March 9,
2006. Annex of the written communication of the State, dated February 18, 2011, and received by the IACHR on February 28, 2011.
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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 José Ángel Castro.
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Annex 90. Registration record by the Board of Directors of the Management Board of the Community on February 16,
2007. Annex of the petitioner’s written communication dated April 19, 2007, received by the IACHR on April 20, 2007. Annex 91.
Record of the registration of the Board of Directors of the Community Council on May 12, 2008, according to which the Management
Board headed by BM was registered for the period from May 7, 2008 to May 7, 2009. Annex of the petitioner’s written
communication dated June 2, 2009, received by the IACHR on June 3, 2009 and Annex of the written communication of the State
dated February 18, 2011, received by the IACHR on February 28, 2011. Annex 92. Record of the registration of the Community
Council issued by the Municipality of Tela on June 19, 2009. Annexes presented by the State on October 20, 2010.
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Annex 93. Copy of the Opening Act. Record of the election of the Council Management Board of El Triunfo de la Cruz
for the 2007-2009 period, and Closing Act. Annex of the petitioner’s written communication dated April 19, 2007, received on April
20, 2007. Annex 94. Certification of the Secretariat of Minutes of the Council, dated February 19, 2007, according to which on
February 9, 2011 the Management Board, led by Teresa Reyes, was elected. Annex of the written communication of the State,
dated February 18, 2011, and received by the IACHR on February 28, 2011. Annex 95. Public statement of the Management Board
of the Community on February 12, 2009. Annex of the petitioner’s written communication dated June 2, 2009, received by the
IACHR on June 3, 2009.
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Annex 96. Application for Registration and Recognition of the Management Board of the Council presented on May 16,
2008. Annex of the written communication of the State dated February 18, 2011, received by the IACHR on February 28, 2011.
Annex 94 Certification of the Secretariat of Minutes of the Council dated February 19, 2007. Annex of the written communication of
the State, dated February 18, 2011, and received by the IACHR on February 28, 2011. Annex 97. Application for Registration and
Recognition of the Management Board of the Council dated February 20, 2009. Annex of the written communication of the State
dated February 18, 2011, received by the IACHR on February 28, 2011.
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Annex 98. Resolution issued by the Municipality on December 23, 2008. Written communication of the State dated
February 18, 2011, received by the IACHR on February 28, 2011.
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Annex 99. Attestation of the Management Board issued by the Civil Associations Registration and Monitoring Unit of
the Ministry of the Interior and Justice on June 15, 2007. Attached to the petitioner’s written communication of August 16, 2007,
received by the IACHR on August 17, 2007. Annex 100. Official Letter SS-006-08 issued by the Ministry of the Interior and Justice