47
lands, who are carrying out constant threats and acts of violence. 241 These incidents were repeatedly
denounced and State authorities even expressly acknowledged the insecurity to which the Community
242
was subjected.
180.
In particular, Community authorities and leaders have been victims of numerous threats,
persecution, and harassment that have even resulted in their being killed. The information in the file with
the IACHR documents the murder of at least four members of the Community for reasons relating to the
defense of their land: Oscar Brega, Jesús Álvarez Roche, Jorge Castillo Jiménez and Julio Alberto
Morales.
181.
Regarding Oscar Brega, there is a memorandum in the IACHR file, dated October 9,
1996, in which the Coordinator of the Office of the Attorney General informed the Office of the Special
Prosecutor for Ethnic Groups that on October 8 of that same year Carlos Colón, a native of the El Triunfo
village, reported that Oscar Brega had been murdered by unidentified people. According to the same
document, “investigation officials, the Prosecutor on duty, the coroner, and the judge […] appeared at the
scene of the crime, where we ascertained that the crime was committed approximately 30 meters away
from the turnoff to Ensanada and Triunfo and that the victim was Mr. OSCAR BREGA […].” 243
182.
Regarding Jesús Álvarez Roche, according to the evidence provided by the parties, on
January 30, 1995, CODETT submitted a writ to the Prosecutor for Ethnic Groups in the investigation into
the Municipality’s sales to IDETRISA (see above, VI.E.a.i), which expressly demanded “investigation into
the attempted murder of the Deputy Mayor of the Community of Triunfo de la Cruz, JESUS ALVAREZ,
due to his resolute opposition to the illegal sales of land.” CODETT also presented testimony signed by
him in which he refers to the possible link between the attack on his life and his opposition to the sales of
244
the Community lands.
It also transpires from the file with the IACHR that Jesús Álvarez appeared
before the Office of the Attorney General on March 17, 1995 to make a statement regarding the subject of
the investigation. The IACHR notes that the sworn statement contains the following:
ASKED: whether it was true that he suffered an attack on his life for his defense of the lands of El
Triunfo de la Cruz, and if so, that he say who was responsible for said attack.
REPLY: that it was true that he suffered an attempt on his life and grave injuries to his left arm and
hip, whether he was driving on that day and that he suffered the attack on February 4, 1990 […]
241
José Ángel Castro had this to say in the hearing before the IACHR: “There is a lot of fear, even when we convene
meetings, because people say that the municipality will send people. What’s more, sometimes people from the Trade Union come to
threaten people. Most people are afraid, even we leaders are frightened and our families have lived under a constant threat.”
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.
242
The file with the IACHR contains Official Letter FEEPC-35/2000, of February 1st, 2000, in which the Public Prosecutor
for Ethnic Groups and Cultural Heritage of Honduras asked the Executive Director of the National Agrarian Institute to intervene as a
matter of urgency “…so that the Community can take physical possession of the land to which it was given title, because persons
from outside the Community and local authorities are encroaching on their land, triggering conflicts that may end in crimes being
committed [Annex 124. Official Letter FEEPC-35/2000 from the Public Prosecutor for Ethnic Groups and Cultural Heritage to the
National Agrarian Institute dated February 1st, 2000. Annex 38 of the petition initially dated October 27, 2003, received by the
IACHR on October 29, 2003]. That request was subsequently reiterated in Official Letter FEEPC-74/2000 of February 24, 2000
“because the aforementioned problem is getting worse”. [Annex 125. Official Letter FEEPC-74/2000 from the Public Prosecutor for
Ethnic Groups and Cultural Heritage to the National Agrarian Institute dated February 24, 2000. Annex 38 of the petition initially
dated October 27, 2003, received by the IACHR on October 29, 2003].
243
According to the aforementioned note, the person who died: “Mr. OSCAR BREGA was driving in his own vehicle
toward the paved road, when he was intercepted by unknown persons, who shot and killed him inside his car. … According to the
coroner, there were five bullet wounds from a firearm (caliber unknown). The body was then taken to the Forensic Medicine Office in
the city of San Pedro Sula, for an autopsy. At 6:00 a.m. on October 9 of this year, another inspection of the scene of the crime was
carried out and three bullet cases were found corresponding to AK47 rifles. Given that suspicious finding, the cases will be sent to
the Ballistics Section for Scientific Analysis. Annex 126. Memorandum from the Principal Prosecutor to the Public Prosecutor for
Ethnic Groups dated October 9, 1996. Annex 31 of the initial petition dated October 27, 2003, received by the IACHR on October
29, 2003.
244
Annex 126. Brief from the Land Defense Committee of Triunfo de la Cruz to the Public Prosecutor for Ethnic Groups
dated January 30, 1995. Annex 18 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.