48 183. At that time he also asserted that “he believes the instigator of the attack was Don 245 Heriberto Díaz [former Mayor of Tela] because he was interested in the lands of Triunfo de la Cruz. According to information at the IACHR’s disposal, on May 9, 1997 unknown persons shot Jesús Álvarez 246 and as a result of that attack he died on May 11, 1997. 184. Regarding the deaths of Jorge Castillo and Julio Alberto Morales, there is a press release, dated October 28, 1997, indicating that according to the National Coordinator of OFRANEH both men were murdered in Triunfo de la Cruz on October 22, 1997 and so far “the authorities have not thrown light on the circumstances of the crime nor have they captured those responsible. The organization argues that these crimes should be seen in connection with the land issue confronting Garífuna 247 communities on the Atlantic Coast.” 185. At the same time, the IACHR considers that the arbitrary arrest of Garífuna leaders has been used to intimidate those engaged in activities in defense of their land. In the IACHR’s opinion, the case of Alfredo López Álvarez, settled by the Inter-American Court in its judgment of February 1, 2006, illustrates this situation. As the IACHR ascertained at the time, Alfredo López Álvarez was arbitrarily arrested in April 1997, after having received a series of threats and harassment designed to make him 248 give up his work in defense of the Triunfo de la Cruz Community’s land. Regarding the way in which Alfredo’s arrest affected the Community’s fight to defend its ancestral land, Gregoria Flores, President of OFRANEH, stated in testimony to the Court that: The arrest of Alfredo López had a huge impact on the Community. Alfredo’s arrest was something instilled fear into us and at the same time paralyzed many of the activities we were engaged in at that time. In the case of Triunfo de la Cruz, we had a meeting to prevent the surrender of part of our habitat to Miguel Facusse as a private protected area. It was, however, surrendered when Alfredo was in prison. CODETT suspended its activities for a long time while we recovered strength, because we met and began to pity ourselves, and pity those who had been murdered, we lamented the absence of Alfredo but even the elders told us “if we continue pitying ourselves they are going to destroy us all, we must continue fighting because ultimately it is not Alfredo’s fight, but that of the Community.” That helped us pull ourselves together. There is also an organization, the unit of Community Councils, that Alfredo coordinated, which also came to a halt. For OFRANEH, Alfredo was the vice president, for us it was a very difficult situation. Not only were organizations affected, 249 but the Community as well. 186. The IACHR also recalls, that, during the processing of the aforementioned case, Gregoria Flores, who was supposed to appear as a witness on June 28, 2005 at the hearing before the Court, 245 Annex 4. Statements taken by the Principal Prosecutor in Tela. Annex 19 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 246 Action in the Alfredo López Álvarez versus the State of Honduras Case, filed by the IACHR before the Inter-American Court on July 7, 2003. Testimony of Gregoria Flores Martínez in the Alfredo Lopéz v. Honduras Case provided at the public hearing held before the Inter-American Court on June 28, 2005. With regard to these incidents, according to a press release in the file with the IACHR, the Public Prosecutor for Ethnic Groups and Cultural Heritage of Honduras, Mr. Eduardo Villanueva, said he was worried because there had been attempts to murder ethnic leaders, given that “four have died since last April.” He went on to say that Jesús Álvarez, a Garífuna leader, “had been attacked twice and had died following the second attack, which took place in Triunfo de la Cruz, in the jurisdiction of Tela”. Published in the “El Tiempo” newspaper on May 21, 1997. 247 Annex 128. El Diario publication, dated October 28, 1997. Annex 79 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. Furthermore, with respect to these incidents, the IACHR ascertained in the action brought in the Alfredo López Álvarez case that Jorge Castillo Jiménez, another Garífuna leader in the Triunfo de la Cruz Land Defense Committee had been murdered on October 21, 1997 when he was on his way home accompanied by a minor, Julian Morales; they were ambushed, tied up, tortured, and riddled with bullets. These murders were denounced to the Office of the Attorney General. To date, these murders have not been investigated and those responsible have not been brought to trial. Action brought in the Alfredo López Álvarez versus the State of Honduras Case, filed by the IACHR before the Inter-American Court on July 7, 2003. 248 IACHR, Declaration presented before the I/A Court H.R. in the Alfredo López Álvarez v. Honduras Case, July 7, 2003, paragraph 48. 249 Testimony of Gregoria Flores Martínez on the Alfredo Lopéz v. Honduras Case provided at the public hearing held before the Inter-American Court on June 28, 2005.