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received threats and was later the victim of an attack on May 30, 2005, in which she was shot in her right
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arm. . On June 13, 2005, the Inter-American Court resolved to adopt the following provisional
measures:
Require “that the State adopt, without delay, the measures necessary to protect the life and
personal integrity of Mr. Alfredo López Álvarez, and Mrs. Teresa Reyes Reyes and Gregoria Flores
Martínez, who would appear as witnesses before the Inter-American Court in the public hearing
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that would be held as of June 28, 2005,” with respect to the López Álvarez case.
187.
Given the extremely serious situation, on September 21, 2005, the Court reiterated its
order, requesting that the State implement the measures needed to protect the life and personal integrity
of Messrs Alfredo López Álvarez, Teresa Reyes Reyes and Gregoria Flores Martínez, all members of
OFRANEH and of the Garífuna Community of Triunfo de la Cruz. At that time, the Court required the
State to:
a) Extend the measures necessary to protect the life and personal integrity of the mother and daughters of
Mrs. Gregoria Flores Martínez;
b) Ensure and effectively implement the conditions needed for Ms. Gregoria Flores Martínez, who has been
forced to move to another area, to return safely to her home;
c) Investigate without delay the incidents that led to the adoption and maintenance of these
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provisional measures, with a view to identifying the culprits and punishing them accordingly. [.]
188.
On January 26, 2009, the Inter-American Court decided to lift the provisional measures
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ordered in 2005.
189.
The information at the IACHR’s disposal further indicates that fear of being subjected to
more threats and attacks led to Garífuna leaders leaving the Community and even in some cases to leave
the country, as is the case of Gregoria Flores, Coordinator of OFRANEH, who according to the
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information given to the IACHR obtained refugee status in the United States.
The IACHR also
understands that, as a consequence of the documented persecution of Garífuna authorities and leaders
for their activities in defense of their land, attorneys have been afraid to represent the Community in these
proceedings precisely in order to avoid reprisals and themselves become victims of similar acts of
violence. All this adds to the difficulties endured by the Community for the recognition and defense of its
ancestral lands.
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I/A Court H.R. López Álvarez et al v. Honduras, Provisional Measures, Court’s Resolution dated September 21, 2005.
Specifically, as the Court was told at the time: On May 27 2005, when Ms. Gregoria Flores Martínez was talking to Mr. Crisanto
Meléndez, a member of a Garífuna community and collaborator of the Honduran Ministry of Culture, and when she told him that
OFRANEH was not prepared to desist in its fight for the recovery of Garífuna lands, Mr. Meléndez allegedly told Ms. Flores Martínez
that: “They went and looked for me so that I would talk [to her] and tell [her] that she has to stop [..] and desist from fighting for the
land and against the Honduras. Land Administration Program.” I/A Court H.R., López Álvarez et al v. Honduras, Provisional
Measures, Court’s Resolution dated September 21, 2005.
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I/A Court H.R. López Álvarez et al v. Honduras, Provisional Measures, Court’s Resolution dated June 13, 2005 and
September 21, 2005.
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I/A Court H.R. López Álvarez et al v. Honduras, Provisional Measures, Court’s Resolution dated June 13, 2005 and
September 21, 2005.
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I/A Court H.R. López Álvarez et al v. Honduras, Provisional Measures, Court’s Resolution dated January 26, 2009.
IACHR, Public Hearing dated March 2nd, 2007 on “Case 12.548 –Garífuna Community of Triunfo de la Cruz,
Honduras”, 127th period of sessions. In addition, in the proceedings regarding provisional measure prescribed by the Court with
regard to the López Álvarez et al v. Honduras Case, the petitioner stated “that the State has not complied with the provisional
measures on behalf of Ms. Gregoria Flores Martínez, who, fearing for her safety, after what happened on May 27 and 30, 2005,
“has had to leave the country given the Honduran State’s failure to act”. I/A Court H.R., López Álvarez et al v. Honduras, Provisional
Measures, Court’s Resolution dated September 21, 2005. paragraph 12. On this, Beatriz Ramos Bernárdez had the following to say in
her testimony before the IACHR: “The leaders first had to flee the Community, and then the country, because they were persecuted,
imprisoned on more than 10 occasions, then the idea was to hound them down and kill them. They had to leave the country to save their
lives. […]”. 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 Beatriz Ramos Bernárdez.