5 d. Report on the Merits. – On November 7, 2012 the Commission adopted Merits Report No. 76/12, in the terms of Article 50 of the Convention (hereinafter “the Merits Report”), in which it reached a series of conclusions and made several recommendations to the State: i. Conclusions. - The Commission concluded that the State was responsible for the alleged violation of the following human rights set forth in the American Convention: • the right to property enshrined in Article 21 of the American Convention, in relation to Articles 1(1) and 2 of the same, in detriment of the Garífuna Community of Triunfo de la Cruz and its members, for allegedly not having granted them effective access to a collective property deed over their ancestral territory; as well as for allegedly having abstained from effectively delimiting, demarcating, and protecting it; • the right to property enshrined in Article 21 of the American Convention, in connection to Article 1(1) of the same, in detriment of the Garífuna Community of Triunfo de la Cruz and its members, upon allegedly making decisions regarding measures that affected their territories, without complying with the requirements set forth in Inter-American law; such as, expropriation procedures; not threatening the survival of indigenous communities; making prior, free, and informed consultations, as well as social and environmental impact studies, and guaranteeing the participation of indigenous communities in the benefits derived from the concessions granted; • the rights to a fair trial and to judicial protection enshrined in Articles 8 and 25 of the American Convention, in connection to Articles 1(1) and 2 of the same, in detriment of the Garífuna Community of Triunfo de la Cruz Community and its members, due to the alleged lack of provision of an adequate and effective procedure for the acknowledgment, titling, and demarcation of the territories reclaimed by the alleged victims, thus guaranteeing the pacific possession and recovery of their ancestral territory; • The rights to a fair trial and to judicial protection enshrined in Articles 8 and 25 of the American Convention, in relation to Article 1(1) of the same, in detriment of the Garífuna Community of Triunfo de la Cruz Community and its members, due to the alleged lack of a serious, effective, and prompt investigation into the truth and determination of responsibilities with regard to the complaints filed by the members and leaders of the Community. ii. Recommendations. - The Commission recommended that the State: • Adopt, as soon as possible, the measures necessary to make effective the right to community property and the possession of the Garífuna Community of Triunfo de la Cruz and its members, with regard to their ancestral territory, and specifically, the legislative, administrative, or any other measures necessary to adequately delimit, demarcate, and title their lands, pursuant to their customary law, values, uses, and customs, and guarantee the members of the Community the development and continuity of their cosmovision so they may continue to live their traditional lifestyle, as per their cultural identity, social structure, economic system, customs, beliefs, and distinctive traditions; • Establish, with the participation of the indigenous groups, the legislative or other measures necessary to make effective the right to a prior, free, informed consultation in good faith, as per the international human rights’ standards; • Investigate and punish those responsible for the threats, harassments, acts of violence and intimidation, and damages to the property of the members of the Community of Triunfo de la Cruz, and specifically, the leaders and authorities; • Repair, both individually and collectively, the consequences of the violation to the mentioned rights; • Adopt the measures necessary to avoid similar acts from occurring in the future pursuant to the duty to prevent and guarantee the fundamental rights acknowledged in the American Convention. e. Notification to the State. – The Merits Report was notified to the State on November 21, 2012, granting it two months to report on compliance with the recommendations. The State requested an extension, which was granted until February 14, 2013. On the date on which the case was submitted to the Court, the State had not yet presented its report. f. Submission to the Court. – On February 21, 2013 the Commission submitted all the facts and alleged human rights’ violations described in the Merits Report to the jurisdiction of the Inter-American Court “owing to the need to obtain justice for the victims given the lack of information regarding compliance with the recommendations by the State.”