CONCURRING OPINION OF JUDGE HUMBERTO ANTONIO SIERRA PORTO JUDGMENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF THE GARÍFUNA COMMUNITY OF TRIUNFO DE LA CRUZ AND ITS MEMBERS V. HONDURAS JUDGMENT OF OCTOBER 8, 2015 (Merits, Reparations, and Costs) A. Introduction 1. The purpose of this concurring opinion is to point out certain aspects of the case that, in my opinion, deserve special attention. These aspects refer to: i) the inconsistencies in the submission of the case and the importance of the diligence in situ; ii) the logics of the measure of collective reparation consisting in the creation of a community development fund, and y iii) the problems of delimitation and “remediation” of lands as an expression of a social situation. B. The inconsistencies in the submission of the case and the importance of the diligence in situ 2. It is important to point out an aspect of the case that refers to the entire proceedings and the circumstances in which the Court must decide the cases submitted to its jurisdiction. In this sense, I will go on to analyze: i) the inconsistencies in the submission of the case, and -related to this- ii) the importance of the diligence in situ. (i) The inconsistencies in the submission of the case 3. The decisions of the Inter-American Court, in an ample sense, have several purposes. Among them, we can list the following as examples: i) the declaration and condemnation of the States for the existence of violations to the human rights set forth in the American Convention; ii) the construction of logics for the understanding of human rights and actions (expressed as guarantees of non-repetition) for the Court and the States, as well as the creation and perfectioning of the standards or case law that contribute to building the Inter-American corpus iuris (understood as minimum or basic elements regarding the scope of the rights included in the Convention; iii) the seeking of justice through the making of decisions that are fair with the parties in the litigation and, indirectly, with all other citizens, and iv) the resolution and prevention of conflicts, or at least a contribution to this (judgments cannot perpetuate or create new social conflicts). 4. To achieve these goals, it is necessary that the Court have all the essential factual elements to issue judgments that are fair and resolve the controversies brought forth before it. This means that the submission of the case before the Court, especially in what refers to “Proven facts”, must include the information necessary for the Court to