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parks, the lifestyle and how the Garífunas and non-Garífunas live side by side.” Said request
was reiterated by the State in its final written arguments. The representatives indicated, in
this sense, that “the Community would be thrilled to receive this Court.” The Commission did
not make observations in this regard. Through communication of June 30, 2015, the Court in
full ordered a diligence in situ at the Community pursuant to Articles 58(a) and 58(b) of the
Rules of Procedure of the Court with the purpose of a) observing some of the areas of the
territory claimed by the Community, and b) holding a meeting with the parties, the
Commission, and different authorities and residents.
16.
On August 21 and 22, 2015 a delegation from the Court, accompanied by delegations
from the Commission, the representatives, and the State, visited the Garífuna Community of
Triunfo de la Cruz.13 During that visit, the Court’s delegation was received at a traditional
ceremony at the community center of the Garífuna Community of Triunfo de la Cruz.
Additionally, the mentioned delegation interviewed the parties, different local authorities, and
local residents. Likewise, along with the parties and the Inter-American Commission it
travelled by boat, by foot, and by car to different areas to observe in situ the areas of the
territory in dispute. Taking advantage of the summons and the presence of a great number
of local residents, the President of the Court and the delegation spontaneously talked to local
residents, leader, and authorities who accompanied them in their journey during the judicial
diligence.
17. Deliberation of the present case. – The Court began deliberating this judgment on
October 6, 2015.
III.
JURISDICTION
18.
The Court is competent to hear this case pursuant to Article 62(3) of the Convention,
because Honduras has been a State Party to the Convention since September 5, 1977 and
accepted the contentious jurisdiction of the Court on September 9, 1981.
IV.
PRELIMINARY CONSIDERATIONS
A. Regarding the arguments of the State stating that the Garífuna Community of
Triunfo de la Cruz is not considered “native people”
19.
The State, in its final oral arguments during the public hearing held in this case,
mentioned that “the native people located in the Tela Bay were the Hicaque people” and that
“Honduras has complied giving [the Garífuna Community of Triunfo de la Cruz] a right despite
The Court’s delegation that carried out the visit was made up by the President of the Court, Judge Humberto
Antonio Sierra Porto, the Secretary Pablo Saavedra Alessandri, the Legal Director Alexei Julio Estrada; Bruno
Rodríguez and Jorge Errandonea, Lawyers of the Secretariat. Additionally, on behalf of the State of Honduras Jorge
Abilio Serrano Villanueva, Deputy Attorney General of the Nation; Oscar Bonilla Landa, Mario Alberto Fuentes Morales,
Municipal Mayor of Tela; arco Tulio Luque, Manager of the Municipal Department of the Cadastre; Danny Gualberto
Varela, Municipal Legal Prosecutor; Gladys Dolores López, Municipal Secretary; Gerber Antony Gainor Brooks, Airport
Commission; Hugo Varela, Tela Property Registry were present. For the Inter-American Commission those present
were Tracy Susanne Robinson, Commissioner; Silvia Serrano Guzmán and Erick Acuña, Lawyers of the Secretariat
of the Commission. Additionally, the following were present on behalf of the representatives, Miriam Miranda, Selvin
López, Margarita Videa, Aurelia Arzu, Jessica García, Amada Ermelinda López, Felix Valentin, Annie Bird, ChungWha
Hong, Jovanna García Soto, Hudson Miralda Sánchez, Medeleine David Estanislao Alvarez López, Julian Eramos
Castillo, Mily Samara Lambert, Elvin Goevany Aquino, Angel Castro, Teresa Reyes, Secundino Torres, Alfredo López,
Cesar Benedith, Beatriz Ramos, Olivia Ramos, and Francis López.
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