20 which according to the Commission is known as “Río Plátano” or “Barra de Río Plátano” and it is to the East of the area allocated as communal land.59 61. On the other hand, it can be concluded from the evidence that through deed of property sale of July 6, 1969 the company MACERICA S. de R.L., acquired a plot of land of approximately 50 hectares in surface, located at “Río Plátano.” This deed was registered on July 8th of that same year before the Property Registry. 60 Additionally, according to that indicated by the manager of the company Macerica, on October 6, 1969 those lands were partially occupied by “colored-skin peasants.”61 62. Moreover, it can be seen in the evidence that in June 1969, members of the Community requested protection from the INA against eviction actions from the mentioned land,62 which, as stated by them, were being carried out as per instructions of the manager of the commercial entity MACERICA S. de R.L.63 63. On May 7, 1970, the INA considered as proven “the occupation for several years by the peasants of the land referred to as ‘El triunfo de la Cruz’” and “pursuant to that stated in the Law on Agricultural Reform in force, the National Agricultural Institute is compelled to protect small and mid-size producers who have been and are occupying, for more than a year, lands of any domain, exploiting them as per the social function of the land and with the owner’s consent” ruled: 1. to protect the members of the Community in the occupation of said lands, and 2. grant “equal protection to the other peasants who occupied the land in question,”64 said protection was granted “while the property requested by them was demarcated from the one claimed by the Company MACERICA S. DE R. L.”65 64. On October 19, 1971, the INA acknowledged the legitimate possession of 50 hectares in the “Río Plátano” land to the Company MACERICA and recommended “that the mentioned property be demarcated and that the residents of the Community of El Triunfo de la Cruz be protected in the rest of the land, so they may carry out agricultural activities in peace and the Company can develop the tourism complex it has planned.”66 65. On May 25, 1984, the INA issued a new pronouncement indicated that “the document presented [by the company Macerica] to prove the private domain of the Barra de Río Plátano 59 Cfr. Merits Report (merits report, folios 24 to 25). 60 Cfr. Certified copy of public sales deed N°55 of July 6, 1969, (evidence file, folios 1075 and 1078). Document of the manager of Macerica S. de R.L., addressed to the Director of the INA of October 6, 1969 (evidence file, folio 1069). 61 Cfr. Request 81/2000 for the creation of an agricultural population center – protection against eviction (evidence file, folios 1034 to 1035). 62 Cfr. National Agrarian Institute, Northwestern Regional Agricultural Office, document of the Agricultural Public Prosecutor addressed to the Director of the INA of November 20, 1969 (evidence file, folio 1037); Document from the manager of Macerica S. de R.L., addressed to the Director of the INA of October 6, 1969 (evidence file, folio 1069) in which it requested “that the colored-skin peasants be ordered to evacuate [the land referred to as Río Plátano].” 63 64 Cfr. National Agrarian Institute, Agreement No. 14 of May 7, 1970 (evidence file, folios 1066 to 1067). Cfr. Honduran Institute of Tourism, Research report on file No. 2000 from the INA and related to the creation of the agricultural population center for the residents of El Triunfo de la Cruz, Tela, Atlántida, and opposition of the company MACERICA, of March 6, 1996 (evidence file, folio 1340). 65 Cfr. Honduran Institute of Tourism, Research report on file No. 2000 from the INA and related to the creation of the agricultural population center for the residents of El Triunfo de la Cruz, Tela, Atlántida, and opposition of the company MACERICA, of March 6, 1996 (evidence file, folio 1340). 66