34
authorities, that their crops had been destroyed by being burned down and by cattle that had been let
onto the area they used for sowing, and that they had been harassed by persons alleging that they owned
the 25 manzanas. On February 18, 2002, Ramón Edgardo Benedit Cayetano, President of the
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Community Council, specifically denounced these incidents to the D.G.I.C. According to the information
at the IACHR’s disposal, in February and March 2002, the Office of the Prosecutor for Ethnic Groups took
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statements from the women in the cooperative and other members of the Community.
Subsequently,
on February 27, 2003, Mario Valerio, acting in his capacity as President of the Community, complained to
the Coordinator of Prosecutors in the Attorney General’s Office in Tela about the destruction of crops
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carried out on February 24, 2003. In addition, according to a public complaint lodged on May 24, 2003,
third parties had threatened members of the Community Council and CODETT on May 13, 2003 because
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of their defense of the 25 manzanas.
140.
On May 16, 2003, an agreement was signed between the private individuals interested in
the land, the Community Council. CODETT, OFRANEH, and the “El Esfuerzo” cooperative, in which it
was agreed that the land claimed would be “peacefully split among the parties” and that out of prudence a
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commission would be formed to demarcate the land in dispute. However, according to the information
at the IACHR’s disposal, the conflicts over the 25 manzanas continued, because, judging by the evidence
submitted, on May 4, 2009, Alfredo López Álvarez denounced the sale of that land by unauthorized
persons. At the same time he asserted that on April 28, 2009, six armed men had arrived to measure
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them. Those same incidents were denounced by the Council to the Prosecutor General on May 14,
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2009.
141.
From the foregoing paragraphs, the IACHR concludes that the Community of Triunfo de
la Cruz and its members are engaged in numerous land disputes with third parties and national and local
authorities that, as of now, have not been resolved, even though many years have elapsed. Apart from
those already mentioned, the information provided by the parties indicates that there are several more
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disputes triggered by sales of the Community’s ancestral lands, such as Cerro Triunfo de la Cruz.
encroachment against the women’s cooperative. Initial petition dated October 27, 2003, received by the IACHR on October 29,
2003. Annex 64. Public complaint by the Management Board of the Community and the Land Defense Committee of Triunfo de la
Cruz on February 18, 2002. Annex 52 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003;
and Annex 65. Declarations before the Public Prosecutor’s Office for Ethnic Groups. Annex 54 of the initial petition dated October
27, 2003, received by the IACHR on October 29, 2003.
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Annex 66. Complaint 219-2002 filed on February 18, 2002 before the Criminal Investigation Bureau. Annex 53 of the
initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. On this, see also Annex 64. Public
announcement by the Management Board of the Community and the Land Defense Committee of Triunfo de la Cruz on February
18, 2002. Annex 52 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 65. Declarations before the Public Prosecutor’s Office for Ethnic Groups. Annex 54 of the initial petition dated
October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 67. Complaint lodged with the Public Prosecutor’s Office of Tela dated February 27, 2003. Annex 56 of the
initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Specifically, it is asserted that these individuals threatened Secundino Torres, President of the Land Defense
Committee of Triunfo de la Cruz and Vice-President of the Management Board; Edgardo Benedith, former President of the
Management Board and Vice-President of the Land Defense Committee of Triunfo de la Cruz; as well as Teresa Reyes and
Valentina Álvarez, both members of the Land Defense Committee of Triunfo de la Cruz. Annex 68. Public complaint of May 24,
2003. Annex 57 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 69. “Agreements and Resolutions of the General Assembly” dated May 16, 2003. Annex 58 of the initial petition
dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 70. Complaint 532-09 lodged on May 4, 2002 with the Criminal Investigation Bureau. Annex of the petitioner’s
written communication dated May 12, 2009, received by the IACHR on the same date.
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Specifically, he asserted that “heavily armed individuals from outside the Community came to make topographical
measurement and notifications regarding the El Esfuerzo cooperatives 25 manzanas of land. This began on Tuesday, April 28 and
is still going on, approved by a parallel Council imposed by the Municipality of Tela, headed by Mr. BMsic”. Annex 60. Letter from
the Management Board of the Community to the Attorney General dated May 14, 2009. Annex of the petitioner’s written
communication dated June 2nd, 2009, received by the IACHR on June 3rd, 2009.
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According to information provided by the petitioner, Cerro Triunfo de la Cruz was acquired by the Maloff brothers, who
“are excavating the hill that we regard as a national monument of the Garífuna Communities.” Annex 20. Document entitled “La