74
286.
Indeed, as regards the first complaint, it has been document before the IACHR that part
of the ancestral lands of the Community were sold by State authorities to businesses and third parties,
without the Community’s authorization. On this, the Commission observes that, through CODETT, the
Community filed a criminal complaint with the Office of the Prosecutor for Ethnic Groups regarding the
sale of Community land to IDETRISA, which ended with a case against the municipal officials involved
being dismissed. It also observes from the facts deemed proven that the Office of the Attorney General of
the Republic became aware of those sales, which led to the Office of the Comptroller General of the
Republic initiating an investigation. The IACHR was not informed of any effective outcome of that
investigation. In addition, in a communication dated November 30, 1998, the Community Council
denounced such sales to the Attorney General. The IACHR is unaware of any actions taken to effectively
investigate the alleged occurrences.
287.
Although it transpires from the evidence in the file that State authorities directly
participated in this and other sales of indigenous land, the IACHR understands that so far responsibility
has not been assigned nor have the corresponding punishments been imposed, where applicable, on the
State authorities involved in the gradual dispossession of Garífuna ancestral lands. The IACHR notes that
that is the case even though such sales rendered the Community and its members seriously vulnerable
and despite the State authorities expressly recognizing that the lands sold in the area of the 22 manzanas
formed part of the Community’s ancestral property and were returned to it, as the State itself affirmed.
288.
It is also a documented fact that, as a result of the territorial dispute, members of the
Triunfo de la Cruz Community complained to State authorities regarding acts of harassment, persecution,
threats and even murders of leaders who opposed the theft of Community land. As the IACHR pointed
out, the attacks on indigenous leaders seek to curtail activities aimed at defending and protecting natural
territories and resources and to weaken the Community’s resolve to defend its rights. Here, the
Commission stresses that the most effective way of protecting human rights defenders is to investigate
371
acts of violence against them effectively and to punish those responsible.
289.
At the same time, the sales of indigenous land and the lack of protection against
occupation of its ancestral territories by non-Garífunas triggered a situation of permanent conflict. As the
Community denounced, that situation was characterized by the irruption of armed men into indigenous
territory, the destruction of crops, the bringing in of machinery against the Community’s will, the burning
down of houses, along with other acts of violence that prevented peaceable possession of the
Community’s ancestral territory.
290.
In short, during the years under review in the instant case, the IACHR received multiple
complaints filed with police and prosecutors which describe a plethora of acts of permanent and related
violence, which together mount to a generalized lack of protection of the ancestral territory of the Garífuna
Community of Triunfo de la Cruz. Despite the numerous complaints in the file with the IACHR, in no case
did the State report that a serious, effective, and prompt investigation was carried out to ascertain the
truth and determine responsibilities. In this regard, the IACHR recalls the Inter-American Court’s assertion
that:
[…]Proceedings followed through up until their conclusion and that fulfill their purpose are the
clearest sign of zero tolerance for human rights violations, contribute to the reparation of the
victims, and show society that justice has been done. The imposing of an appropriate punishment
duly founded and proportionate to the seriousness of the facts, by the competent authority, permits
verification that the sentence imposed is not arbitrary, thus ensuring that it does not become a type
of de facto impunity. In this regard, the Court has emphasized that administrative or criminal
371
IACHR, Report on the Situation of Human Rights Defenders in the Americas OEA/Ser.L/V/II.124. Doc. 5 rev.1, March
7, 2006. Likewise, the Office of the High Commissioner for Human Rights has indicated that the lack of investigation and
punishment of those responsible for violations against human rights defenders “constitutes the factor that places the defenders at
greatest risk, since it leaves them defenseless and unprotected.” OHCHR. Defending Human Rights: Caught Between Commitment
and Risk. Executive Summary, paragraph 7. http://www.hchr.org.mx/documentos/libros/informepdf.pdf.