28
87.
Moreover, from the evidence file it can be concluded that the following are among the
specific objectives of the creation of the park: promote the coordination and actions oriented
to achieving a correct community participation, especially from the populations located in the
Park’s buffer zone; as well as favor the sustainable management of habitats and biodiversity
resources.118 The two basic management zones, the central zone, and the buffer zone are
divided into sub-zones, as per the management plan of the Punta Izopo National Park, which
defines the zoning.119
C.5. Situation of indigenous leaders and authorities for the defense of the traditional
lands of the Community of Triunfo de la Cruz
88.
It can be verified in the body of evidence that within the framework of the previously
stated facts four homicides were committed against members of the Community of Triunfo de
la Cruz: Oscar Brega, Jesús Álvarez Roche, Jorge Castillo Jiménez, and Julio Alberto
Morales.120 Additionally, complaints were filed because of the usurpation of lands, which were
the object of some diligences by the Prosecutors’ Office for Ethnic Groups when it becomes
aware of them.121
C.6. “Laguna Negra” and “Playa Escondida” Tourism Projects
89.
On the other hand, the Court verified that the body of evidence of the present case
includes information regarding a complex of condominiums named “Playa Escondida”, which
was built next to the territory titled in full ownership in the year 1993 to the Community of
Triunfo de la Cruz, in the territory claimed as traditional territory in this case. 122 The Court’s
delegation that made the visit in situ could verify the location and nature of the buildings
(supra para. 15). Moreover, the evidence file also includes information related to the real
estate project named “Laguna Negra” even though the Court does not have greater
documentation on its exact location and nature. 123
Cfr. National Congress, Decree No. 261-2000, The Gazette No. 29.427, Official Newspaper of the Republic of
Honduras, Articles 3(5) and (6), of March 13, 2001 (evidence file, folios 2693 to 2694).
118
Cfr. National Institute for Conservation and Forest Development, Protected Areas and Wildlife – Management
Plan of the Punta Izopo National Park 2012-2016, May 2012 (evidence file, folios 7866 and 7913 to 7930). The
central area is divided into the following sub-areas: (i) of absolute conservation, (ii) of recovery, and (iii) of
conservation of species of economic interest. The buffer zone is divided into the following sub-areas: (i) of ecotourism,
(ii) of historical-cultural interest, (iii) of multiple uses, (iv) of comprehensive community development, (v) of
recovery, (vi) privately protected, (vii) of traditional marine fishing, and (viii) of administration.
119
Cfr. Public Prosecutors’ Office, memorandum addressed to the Special Prosecutors’ Office of Ethnic Groups
and Cultural Heritage, of October 9, 1996 (evidence file, folio 2706); Committee for the Defense of Triunfeña Lands
(CODETT), brief addressed to the Prosecutor for Ethnic Groups, of January 30, 1995 (evidence file, folio 2708); Public
Prosecutors’ Office, Main Public Prosecutor, Interrogation, of March 16, 1995 (evidence file, folios 326 to 327); News
article, “People request that murder of Garífunas be solved” (evidence file, folio 2710); “Cases of people murdered,”
document presented by the representatives (evidence file, folios 7743 to 7744).
120
Cfr. Public Prosecutors’ Office, Prosecutor for Ethnic Groups and Cultural Heritage, brief addressed to the
Executive Director of the INA of February 1, 2000 (evidence file, folio 2702); Public Prosecutors’ Office, Prosecutor
for Ethnic Groups and Cultural Heritage, brief addressed to the Executive Director of the INA, dated February 24,
2000 (evidence file, folio 2704).
121
Cfr. Foundation for the Improvement of the Garífuna Community of Triunfo de la Cruz, “Current situation of
the Community of Triunfo de la Cruz” (evidence file, folio 8334). The Court’s delegation was able to observe in its
visit in situ that in fact the condominium project had been built and has some people currently occupying the housing
units.
122
Cfr. Foundation for the Improvement of the Garífuna Community of Triunfo de la Cruz, “Current situation of
the Community of Triunfo de la Cruz” (evidence file, folio 8334). During the visit in situ by the Court’s Delegation it visited:
i) the place named “Laguna Negra”, and ii) the project named “Laguna Negra”; which are related to that informed
by the representatives; however, the Court is not clear of the exact location of the mentioned project.
123