4
measures aimed at obtaining additional information about the situation of the
presumed victims and the places where some of the alleged events took place. 6
13. In this case, the State had requested a diligence be carried out in the following
terms: “in order to facilitate adjudication of the case, […] to have a fair judgment
according to the legal reality, […] it carry out an inspection in loco to verify
respect to the precautionary measures ordered by the Inter-American
Commission, […] the physical reality of the communities, the protected areas
ordered and turned into national parks, the lifestyle and how the Garífunas and
non-Garífunas live side by side.” The Court granted this request and ordered the
diligence in situ given the nature of the controversies and its complexities, as well
as the need to have more evidence. Specifically, its purpose was to: a) observe
some of the areas of the territory claimed by the Community, and b) hold a
meeting with the parties, the Commission, and different authorities and
residents.7
14. In this judgment, the Court established that the diligence in situ had been
valuable because it “offer[ed] a general vision of an important illustrative nature
that can dimension, understand, and delimit the specific facts that make up the
basis of the alleged violations presented to it.”8 More specifically, through the
information obtained from this diligence it was able to verify that the “Indura
Beach and Golf Resort” tourism project was not located within the traditional
territory claimed by the Community. Upon carrying out the diligence in situ, the
Court could determine that “this tourism project was located on the other side of
the Tela Bay, several kilometers away from the Triunfo de la Cruz Community
and the territories in controversy in this case.” Therefore, the Court did not go
on record regarding the alleged violations related to this tourism project. 9
15. Additionally, from the information obtained during the mentioned diligence
regarding the “Playa Escondida” tourism project, the Court “could verify the
location and nature of the buildings”10 and “it was verified that the construction
had been finished and it was occupied.”11 On the other hand, it could not verify
the exact location of the real estate project “Laguna Negra” during the visit. 12
16. If the Court had not carried out the diligence in situ and, thus obtained the
necessary information, it would not have been able to verify the circumstances
and facts of the case corresponding to the lands in dispute and it could not have
established the merits of the alleged violations to human rights, as well as the
possible appropriateness of certain measures of reparations.
17. Due to the complexity of the cases related to traditional lands of indigenous and
tribal peoples, especially when they are partially occupied by third parties, it is
6
Cfr. Case of the Kichwa Indigenous People v. Ecuador. Merits and reparations. Judgment of June 27, 2012. Series C No. 245,
para. 20.
7
8
9
10
11
12
Paras. 15 to 16 of the judgment.
Para. 38 of the judgment.
Para. 27 of the judgment.
Para. 89 of the judgment.
Para. 165 of the judgment.
Para. 89 of the judgment.