30
Rio Miel] up to the present date, problems have been arising that not only involve the land dispute, but
that also jeopardizes the safety and some of the property of the inhabitants of the communities.”
122.
Additionally, according to the facts deemed proven, members of the Punta Piedra
Community reported these acts to the state authorities on multiple occassions, as shown in the report
filed in connection with the murder of Félix Ordóñez Suazo, a member of the Community, in June 2007;
the report for unlawful occupation filed by the leaders of the Community on April 13, 2010; and the one
presented on the same date for death threats against a member of the Community by no garifunas who
had invaded community lands. The State indicated in the proceedings before the IACHR, in relation to the
report for the death of Félix Ordóñez, that the investigation was pending at the General Directorate of
Criminal Investigation, and the Special Prosecutor for Ethnicities and Patrimony; and, in connection with
the April 2010 reports, it informed that a visit to the lands was programmed, which “could not be carried
out … for lack of travel expenses and transportation for the people assigned to carry out those activities.”
123.
In this regard, the IACHR recalls that the Inter-American Court has interpreted Article 25
as guaranteeing a simple and prompt recourse for the protection of rights, but also an effective recourse
126
for protecting individuals from acts of the State that violate their fundamental rights. For that reason, the
right to judicial protection is considered to be an extremely important right since it becomes a fundamental
mechanism for exercising the defense of any other right that has been violated by bringing appropriate
actions or remedies before the competent judicial authority.
124.
Consequently, the States’ Parties have the obligation to take all kinds of measures to
ensure that nobody is deprived of judicial protection and from exercising his or her right to a simple and
127
effective recourse.
According to the jurisprudence of the Inter-American Court, the State has the
obligation to ensure that “each State act that composes the investigation proceeding, and the entire
investigation in itself, should be oriented at a specific purpose: the determination of the truth and the
investigation, finding, arrest, prosecution and, if applicable, punishment of those responsible for the
128
events.”
As the Court has repeatedly pointed out, it is an obligation with respect to means, and not
outcomes, that the State should adopt as a juridical obligation of its own and not as a simple formality
129
destined to fail from the start. In that sense, the investigation must be carried out with due diligence,
130
and in an effective, serious, and impartial manner.
125.
Pursuant to the foregoing, the IACHR notes that, during the years relevant for this case,
numerous reports were filed with state agencies, which tell of a multiplicity of acts of violence
encompassed in the situation of lack of protection of the ancestral territory of the Punta Piedra Garifuna
Community. However, based on the evidence of reports contained in the file of the IACHR, in none of the
cases did the State notify regarding the undertaking of a serious and effective investigation, without
delays and directed at uncovering the truth and assigning liabilities. The IACHR considers, based on the
information at its disposal, that the lack of a State response to the attempted remedies, left the victims in
a situation of lack of protection and has resulted in the Community of Punta Piedra and its members
126
I/A Court H.R., Tibi v. Ecuador Case. Judgment of September 7, 2004. Series C No. 114. paragraph 130; “Five
Pensioners” Case. Judgment of February 28, 2003. Series C No. 98, paragraph 126.
127
I/A Court H.R., Case of Barrios Altos v. Peru. Judgment of March 14, 2001. Series C No. 75, paragraph 43.
128
I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparations, and Costs. Judgment of April 3 rd, 2009.
Series C No. 196, paragraph 101.
129
I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988. Series C No. 4, paragraph 177;
I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations, and Costs.
Judgment of July 10, 2007. Series C No. 167, paragraph 131; and I/A Court H.R., Case of Zambrano Vélez et al v. Ecuador. Merits,
Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, paragraph 120.
130
I/A Court H.R. Case of García Prieto et al v. El Salvador. Preliminary Objection, Merits, Reparations, and Costs.
Judgment of November 20, 2007. Series C No. 168, paragraph 101; I/A Court H.R., Case of the Gómez Paquiyauri Brothers v.
Peru. Judgment of July 8, 2004. Series C No. 110, paragraph 146; I/A Court H.R., Case of Cantoral Huamaní and García Santa
Cruz v. Peru. Preliminary Objection, Merits, Reparations, and Costs. Judgment of July 10, 2007. Series C No. 167, paragraph 130.