40
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(Sweet Coconut) that same day. On April 24, 2010, Alfredo López filed a complaint regarding the same
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incident with the D.G.I.C. According to the State, as a result of the investigations, three suspects were
identified and the file was remitted to the Office of the Attorney General. Still pending was the issuance of
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the Prosecutor’s injunction to the respective Court.
155.
In addition, on April 19, 2006, the Management Board chaired by José Ángel Castro,
together with more than 300 members of the Community, notified the Governor of the Department of
Atlántida of the existence of a parallel council directed by people with interests opposed to those of the
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Community,
and in June 2007 they wrote to the Ministry of Security denouncing the presence of a
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“parallel community council” which was “authorizing sales behind the Community’s back.”
156.
The IACHR cannot fail to note that, as Teresa Reyes said, “the situation has got worse
since the Municipality imposed [a] parallel Council and refused to recognize the Council legally elected
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and registered with the Department of the Interior and Justice.”
The State itself indicated in the
proceedings before the IACHR that “many of the problems arising in the Community are being caused by
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the existence of two Councils, one that is legally constituted and the other which is not” and that “it has
been discerned that the root of the problem is the existence of two Councils of the Community of Triunfo
de la Cruz, constituted exclusively by people of the Garífuna ethnic group and the fact that they cannot
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agree on which one authentically represents the Community.”
157.
In light of the above, the IACHR considers that it has been proved that the Municipality of
Tela sponsored the establishment and ongoing existence of a “parallel Council” in the Community, as a
result of which there were further denunciations of illegal sales of Community land and of acts of violence
against members of the Community.
3.
Tourism Projects
158.
The territory traditionally occupied by the Community of Triunfo de la Cruz and, in
general, Tela Bay historically inhabited by Garífuna communities has in recent years become an area of
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considerable interest for tourism projects. The information provided by the parties refers to the planning
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In this regard, according to the on-site inspection certificate, on January 6, 2010 the Criminal Investigation Bureau
conduct an investigation on the premises of the radio station, and ascertained the damage done by the fire. Annex 110. Complaint
0801-2010-00796 lodged by Secundino Torres on January 6, 2010 and on-site inspection certificate of the Criminal Investigation
Bureau dated January 6, 2010. Annexes of the written communication of the State dated February 18, 2011, received by the IACHR
on February 28, 2011.
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Annex 111. Complaint No. 514-10 filed by Alfredo López with the Criminal Investigation Bureau on April 24, 2010.
Annex of the petitioner’s written communication dated September 3, 2010, received by the IACHR on September 21, 2010.
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Written communication of the State in the precautionary measures proceedings of February 15, 2011, received by the
IACHR on the same date.
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At the time they stated that, despite the communications to the Municipality, advising it of the situation, the Municipality
registered the parallel Council, a move that has triggered “a deep division within this Community, chaos, and anxiety, fostering hate,
violence in society, and corruption.” For that reason they requested immediate annulment of the “parallel Council,” that the
Municipality desist from interfering in the Community, and investigation into the complaints submitted. Annex 87. Communication
from the Pro-Improvement Community Council of Triunfo de la Cruz to the Governor of the Department of Atlántida on April 19,
2006. Appendix 22 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006.
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Annex 112. Communication directed to the Minister of Security in June 2007. Attached to the petitioner’s written
communication of August 16, 2007, received by the IACHR on August 17, 2007.
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Annex 113. Urgent Complaint by the Pro-Improvement Community Council on January 4, 2011. Annex of the
petitioner’s written communication dated January 4, 2011, received on January 11, 2011.
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Written communication of the State in the precautionary measures proceedings dated July 2, 2010, received by the
IACHR on July 8, 2010.
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Written communication of the State in the precautionary measures proceedings dated February 15, 2011, received by
the IACHR on the same date.
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According to the information presented by the parties, “the Garífunas communities all along the Atlantic coast are
threatened with eviction from their habitat (espacio vital), on pretext of conducting tourism development projects in the areas in
which they are settled; while it is true that such projects generate financial benefits for the country, the consequences at the ethnic