32
iii)
Complaints of harassment and threats against leaders and members of the
Community related to its claim to the 22 manzanas
133.
The actions taken by the Community in defense of its ancestral lands led people
connected with the Trade Union to engage in constant threats, harassment, and acts of violence against
Garífuna Community members, authorities, and leaders. This situation was described by José Angel
Castro, President of the Community Council from 2005 to 2007, as follows, in testimony given to the
IACHR:
The members of the Municipal Trade Union go and wreak havoc in the 22 manzanas. They cut
down anything they find, threaten the leaders and other people they find there, and the children
have to run and look for their parents on the beach, which is where they normally work. We go and
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complain to the Prosecutor’s Office in Tela and they never come to help us. .
134.
According to the information at the IACHR’s disposal, several members and leaders of
the Community lodged complaints with the Attorney General’s Office and sent messages to government
authorities regarding acts of violence related to the dispute over the 22 manzanas. Indeed, on June 22,
2000, Raymundo Domínguez filed a complaint with the Criminal Investigation Bureau (Dirección General
de Investigación Criminal, hereinafter “D.G.I.C.”) regarding “death threats and threats to harm him” from
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members of the Trade Union. On May 23, 2000, the Community Council wrote to the President of the
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Supreme Court of Justice to notify him of further acts of violence.
Likewise, on March 26, 2001,
Gregoria Flores Martínez, acting in her capacity as Coordinator General of OFRANEH, lodged a
complaint with the Office of the Attorney General regarding “harassment, threats to leaders, and an
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eviction order.” On that occasion, she explicitly asked the Office of the Attorney General:
To guarantee the safety and physical and psychological integrity of the leaders and managers of
the Triunfo de la Cruz Community […], to stop the attempts at eviction and the harassment by the
Municipality of Tela of our Garífuna brothers and sisters in Triunfo de la Cruz, because they are
protected in their historical and legal right to recover the land that historically belongs to them […].
We hold the Municipality of Tela responsible for any physical, moral and psychological harm
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suffered by the leaders and Community of Triunfo resulting from an eviction.
135.
According to a public complaint by the Community Council, on May 27, 2006, armed
members of the Trade Union arrived in the area of the 22 manzanas, threatening to burn down homes
and the Community meeting hall. The same document states that the Prosecutor’s Office had not
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patrolled the area for the previous two years.
Regarding these occurrences, the State asserted in
August 2007 that a complaint had been lodged with the D.G.I.C. However, it did not subsequently inform
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IACHR, Public Hearing dated March 2nd, 2007 on “Case 12.548 –Garífuna Community of Triunfo de la Cruz,
Honduras”, 127th period of sessions. Testimony of José Ángel Castro.
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Specifically, he complained that on June 18, 2000, members of the Trade Union attempted to evict them, threatening
them with “machetes and pistols.” He added that, because the Community resisted, “they destroyed the plantations and the huts
built by members of the Community. It was the third time they had done this.” Annex 54. Complaint dated June 22, 2000 lodged by
Raymundo Domínguez. Annex 64 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Specifically, they said they were surprised by the execution of “an eviction order, arrest warrant, the burning down of
the huts. They slashed the crops and threatened to kill us in our own Community.” Annex 55. Letter from the Management Board to
the President of the Supreme Court of Justice dated May 23, 2000. Annex 45 of the initial petition dated October 27, 2003, received
by the IACHR on October 29, 2003.
In particular, she alleged that “ever since the community began recovering its land a reference to the 22 manzanas
there was a campaign to harass and persecute the community leaders. In addition, the municipality has made several attempts to
evict the Community from the 22 manzanas area. Annex 56. Complaint dated March 22, 2001, presented by OFRANEH on March
26, 2001. Annex 45 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 56. Complaint of March 22, 2001 presented by the Fraternal Black Organization of Honduras on March 26,
2001. Annex 45 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 57. Public Complaint by the Management Board of the Community on May 30, 2006. Attached to the petitioner’s
written communication dated June 21, 2006, received by the IACHR on June 23, 2006.