24
abuse of authority in detriment of the Community,85 an order against which both the Public
Prosecutors’ Office and the defendants filed an appeal.86 On march 3, 1997, the Court of
Appeals of la Ceiba ruled the appeal filed by the Public Prosecutors’ Office inadmissible and
revoked the commitment orders issued against the defendants. 87 The Public Prosecutors’
Office filed a writ of protection against this decision on June 2, 1997 before the Supreme
Court of Justice,88 which was denied on December 4th of that same year.89 Later on, the final
acquittal of the officials and former officials of the Office of the Mayor of the Municipality of
Tela was decided.90
76.
Additionally, the Community also filed a complaint for these actions before the National
Human Rights Commission,91 and the Office of the Attorney General of the State. 92
77.
On July 6, 2006, the Municipal Corporation of Tela approved the signing of a
transaction with the companies IDETRISA and MACERICA93 to solve the controversy between
them over the property of the area; said transaction was set forth in a public instrument on
August 17, 2006.94 On September 29, 2006, the Municipal Corporation decided to annul the
agreement through which it had decided to sign this contract.95
C.1.2. Workers’ union of the Municipality of Tela
78.
On January 15, 1997, the Municipal Corporation of Tela agreed to transfer to the
Workers and Employees’ Union of the Municipality of Tela 22.81 blocks of land located in the
territory reclaimed by the Community.96 Said transfer became effective on January 22,
Cfr. Sectional First Instance Court of Tela, trial document addressed to the Coordinator of the Head of
Criminal Investigation of October 15, 1996 (evidence file, 2247).
85
Cfr. Public Prosecutors’ Office, appeal of October 30, 1996 (evidence file, folios 2249 to 2255); Court of
Appeals of la Ceiba, judgment of March 3, 1997 (evidence file, folio 2263).
86
87
Cfr. Court of Appeals of la Ceiba, judgment of March 3, 1997 (evidence file, folios 2262 to 2263).
Cfr. Special Prosecutor of the Public Prosecutors’ Office, writ of protection of June 2, 1997 (evidence file,
folios 2266 to 2267); Head Prosecutor of the Public Prosecutors’ Office, formalization of the writ of protection of
September 16, 1997 (evidence file, folios 2268 to 2272).
88
Cfr. General Secretariat of the Supreme Court of Justice, certification of resolution No. 61 of December 4,
1997 (evidence file, folios 2274 to 2289).
89
Cfr. Secretariat of the First Instance Court of Tela, certification of the certification of the secretariat of the
Court of Appeals of la Ceiba of judgment of April 30, 1999, of August 12, 1999 (evidence file, folios 2292 to 2294);
Secretariat of Foreign Affairs of the Republic of Honduras, State’s brief of observations of March 8, 2007 (evidence
file, folio 3705).
90
Cfr. National Human Rights Commissioner, document addressed to the Mayor of the Municipality of Tela of
August 1, 2001 (evidence file, folio 2296).
91
92
Cfr. Board for the improvement of Triunfo de la Cruz, brief of November 30, 1998 (evidence file, folio 2301).
Cfr. Municipal Secretariat of Tela, certification of the preamble of minutes N° 18 item 10, ordinary meeting
held by the Municipal Corporation of Tela on September 29, 2006, dated October 4, 2006 (evidence file, folio 2305);
”Parties desist from restarting tourism projects at Port of Tela, business owners and municipal government sign
agreement,” article, La Ceiba.com of August 22, 2006 (evidence file, folio 2367).
93
Cfr. Certified copy of public deed No. 46 for the transaction of disputes, agreement for the invalidation of
the sale of several properties and cancellation of their registry inscriptions, correction of polygons, allocation of part
of a property to litigant by virtue of the agreement and commitment to grant a commodatum contract, granted by
MACERICA, IDETRISA, and the Municipality of Tela, of August 17, 2006 (evidence file, folios 2307 to 2357)
94
Cfr. Municipal Secretariat of Tela, certification of the preamble of minutes N° 18 item 10, ordinary meeting
held by the Municipal Corporation of Tela on September 29, 2006, dated October 4, 2006 (evidence file, folio 2305).
95
Cfr. Municipal Secretariat of Tela, certification of the preamble item N° 7 of the Report of minutes N° 2, of
January 15, 1997, of January 22, 1998 (evidence file, folio 1987).
96