Garifuna people’s communities in Honduras, including those of San Juan, inasmuch as they were viewed as running counter to the process of gaining recognition of their territorial rights. 15. The petitioner contends that the strong interest of third parties in the territory of the community gave rise to “a climate of unrest and constant persecution,” especially against its leaders. Concretely, it claims that Wilfredo Guerrero, Ellis Marin and Jessica García, among other community leaders and senior members of the Civic Association of the Community, were the targets of threats, harassment and persecution “in a violent and systematic way,” because of their advocacy for the territorial rights of the Community. The petitioner also alleges that, in this context, community leaders have been arbitrarily incarcerated. It also notes that when the persecution became more frequent as a result of attempts to obtain the land being claimed by the Community, the members filed numerous complaints with the Office of the Special Prosecutor for Ethnic Groups and the Office of the Public Prosecutor, “all to no avail.”4 16. The petitioner mentions, in this context, that on February 26, 2006, the young Garifuna men Gino Eligio López and Epson Andrés Castillo were executed by agents of the Honduran Army in the outskirts of Laguna Negra. It also contends that some members of the community believe that these crimes are “an act of pressure to weaken the community’s opposition to the Laguna de Micos Touristic Project.” It asserts that witnesses concur in identifying two second lieutenants as giving the order to fire, which was carried out by two soldiers. The petitioner also alleges that these crimes were committed in the presence of another three soldiers and one civilian, who have covered up the crimes. It notes that a complaint was filed that is identified with the number 382-06, based on which the Office of the Public Prosecutor filed formal charges against eight individuals, who were allegedly involved. It argues that, following several investigations, on November 19 2007, a hearing was held at which the two soldiers who carried out the order were found guilty for the crime of murder and one second lieutenant was acquitted of the crimes of abuse of authority and breach of duty of public officials. According to the last information provided, an individual sentencing hearing was pending before the Sentencing Court. 17. Additionally, the petitioner alleges that on April 14, 2007, “several hired hit-men fired at the vehicle … in which five young people were riding,” who were members of the community.5 It notes that one of them was the daughter of the President of the Civic Association of San Juan, Jessica García, who has been “threatened for her steadfast opposition in defense of the territory of her community,” and therefore believes that it was an act of coercion against the leaders. It also notes that the crime was reported to the Preventive Police and deemed “an attempted homicide.” 18. With regard to the arguments of the State regarding the admissibility of the petition, the petitioner contends that the misplacement of the case file and the State’s failure to act to correct this incident, the ongoing persecution of the community leaders and of the petitioning organization, as well as the inability to obtain the services of an attorney because of the refusal to accept their legal representation out of fear of persecution and lack of economic resources, have caused the Community to feel impaired from further exhausting domestic remedies. It alleges that, despite these difficulties, “there have been many claims and complaints of the community regarding the misplacement of the case file, the inadequacy of the title granted in 2000 and the titles illegally granted by the Municipality of Tela.” Based on the foregoing, it requests that the 4 Specifically, the petitioner provided information regarding the following complaints: (i) complaint 1881-05 filed on January 8, 2006 by Wilfredo Guerrero Bernandez, community leader of San Juan, with the DGIC for arson on his residence in which he lost all of his belongings and community documents and testified that “he believes that this crime was caused by individuals who want to harm him because he is a community leader and he fights for the communal lands” [Initial Petition, annex 12]; (ii) information on a complaint for the crimes of abuse of authority, breach of duty of state officials, breaking and entering into a residence, illegal detention, robbery and attempted forced disappearance against the Secretary of State of the Office of Security and the Assistant Chief for the Northwest of the DGIC to the detriment of Wilfredo Guerrero Bernandez [information provided by the petitioner on October 26, 2011]; (iii) complaint 112006 for the crime of threats to the detriment of Jessica García filed on June 22, 2006 [information provided by the petitioner on June 29, 2009; (iv) complaint 763-08 for threats and attempted homicide of Santos Feliciano Aguilar allegedly on June 5, 2008 filed against persons linked to the Empresa Inversiones Ullua [information provided by the petitioner on July 8, 2008]. The petitioner also claims that on February 6, 2013, Mrs. Eligio Suazo, an important leader of the Garifuna people, died as a result of a heart attack when she appeared at a hearing as part of the criminal proceedings against her for the crime of usurpation. 5 Concretely, the petitioner mentions the names of Keydi Jorleny Marin, Yerli Isolina Ellis, Yanaira Briyed Lambert, Eusebia Guillen and Joselyn Lizet Rivas.

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