98.
Although the title granted full ownership over the territory awarded, it contained
a first exclusion clause indicating that: “[t]he lot described includes an area of 46
hectares and 1296.66 m2 and, because full title over this has been awarded to:
Ambrocio Thomas Castillo, with two (2) lots, one of 22 hectares and 6,575.06 m2 and
the other of 3 hectares and 6,197.99 m2, 77 and Sergia Zapata Martínez, with one lot of
19 hectares with 8,523.61 m2, 78 this area does not form part of this title. 79 In addition,
on December 22, 1999, a certification issued by the Regional Land Officer clarified that
although the Punta Piedra community had originally requested expansion of full
ownership over 3,000 additional hectares, the demarcated area was only 1,559
hectares and 6741.69 m2, from which the lots granted to Ambrocio Thomas Castillo
and Sergia Zapata Martinez were deducted. Therefore, the expansion in favor of the
community only covered 1,513 hectares and 5445.03 m2 of the total requested. 80
99.
In addition, the 1999 ownership title included a second exclusion clause, which
read: “the areas occupied and exploited by individuals who do not belong to the
community are excluded from the title, and the State reserves the right to dispose of
these in order to award them to the occupants who meet the legal requirements.” 81
This exclusion clause did not establish the number of hectares occupied by third
parties.
100. In light of the second exclusion clause, Edito Suazo Ávila, as President and legal
representative of the Punta Piedra Community Development Association (hereinafter
“the Punta Piedra Development Association”), requested rectification of the title and
the request was decided in his favor. In his decision, the INA Executive Director
ownership. The Development Association shall have preferential right to acquire the ownership of any houses
that are on sale, but may not sell them to natural or legal third parties and may only do so to the members
of the beneficiary Garifuna community.” Definitive ownership title of December 6, 1999, supra (evidence file,
folio 27 to 28).
77
Ambrocio Thomas Castillo has an ownership title issued on March 3, 1994, for an area of 22
hectares and 6,575.06 m2. Cf. Definitive ownership title granted by INA to Ambrocio Thomas Castillo on
March 3, 1994 (merits file, folios 636 and 637). In addition, he has a second ownership title issued on July
22, 1998, for an area of 3 hectares and 6,197.99 m2. Cf. Definitive ownership title granted by INA to
Ambrocio Thomas Castillo on July 22, 1998 (merits file, folios 634 and 635). However, the 2007 cadastral
survey concluded that the territory granted to Ambrocio Thomas with full ownership consisted of 68.06
hectares. Nevertheless, this information is not consistent with the property title deeds issued to him and
provided by the State. Cf. Final report of the cadastral survey of the area titled in the expansion in favor of
the Punta Piedra Garifuna community on July 12, 2007 (evidence file, folio 38). Additionally, even though the
1999 expansion title mentions two lots titled to third parties, the representatives indicated that Ambrocio
Thomas Castillo has been awarded three lots: one equal to slightly more than 22 hectares; another lot of
slightly more than 75 hectares, and a third of slightly more than 3 hectares. Regarding Sergia Zapata
Martinez, the representatives alleged that he owned a lot of slightly more than 19 hectares. Furthermore,
the representatives explained that, since the definitive ownership titles had not been annulled, the right in
favor of third parties remained in force and that the only way to annul the title deeds was by using civil
mechanisms that fail to recognize the collective and ancestral dimension of the indigenous territories. The
Court does not have enough evidence to prove the said assertions as to whether these hectares refer to an
area that is occupied or possessed de facto, though not titled.
78
Additionally, Sergia Zapata Martinez acquired from Beato Gonzalo Castillo Guity, by a deed of sale,
a lot measuring 19 hectares and 8,523.61 m2. Cf. Record of transfer of ownership of April 23, 1997, in favor
of Sergia Zapata Ramirez (merits file, folios 625 to 627). The original ownership title in the name of Mr.
Castillo Guity dated back to June 19, 1996. Cf. Definitive ownership title granted by INA to Beato Gonzalo
Castillo Guity on June 19, 1996 (merits file, folios 630).
79
Definitive ownership title of December 6, 1999, supra (evidence file, folio 27).
80
Cf. Certification issued by the Regional Land Officer of the National Agrarian Institute on August 22.
1999 (merits file, folio 632).
81
Definitive ownership title of December 6, 1999, supra (evidence file, folio 27). The legal
requirements are mentioned in the footnote of page 31.
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