15
41.
In this case, as in others9, the Tribunal admits the probative value of the
documents presented in a timely fashion by the parties, or as evidence to facilitate
adjudication of the case pursuant to Article 45 of its Rules of Procedure, that were not
disputed or objected, and whose authenticity was not questioned.
42.
The Court adds to the body of evidence, pursuant to Article 45(1) of the Rules
of Procedure and because it considers that they are useful in the issuing of a ruling in
this case, the documents provided by the representatives as annexes to their final
written arguments10 (supra para. 27); the documents of the State provided as annexes
in their brief of June 28, 2005,11 and the documents presented during the public
hearing held before the Court by Mrs. Gregoria Flores Martínez and Mr. Alfredo López
Álvarez, which were made of the knowledge of all the parties present in said hearing.12
9
Cf. Case of Blanco-Romero et al., supra note 7, para. 43; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 88, and Case of Gómez-Palomino, supra note 7, para. 49.
10
Specifically: final letter of release issued by the Judge of the Sectional Court of First Instance of
Tela in favor of Mr. Alfredo López-Álvarez on August 26, 2003 and several proofs of expenses incurred in by
the CEJIL in the case of López-Álvarez.
11
Specifically: paper clippings regarding the loan granted by the Inter-American Development Bank
(IDB) with the objective of orienting and developing the nine indigenous and black communities of Honduras,
and documents issued by the Secretariat of Government and Justice of Honduras, regarding the presentation
of securities to the OFRANEH.
12
Specifically: a map in which the area covered by the Garifuna communities of Honduras was
highlighted; copy of two photographs of Mrs. Gregoria Flores Martínez’s car; a diskette with the photographs
of Mrs. Gregoria Flores Martínez’s car; copy of a photograph of June 19, 2005 named “confrontation
[Defense Committee for the Lands of Triunfo de la Cruz (CODETT)], Coop[erative] women. Fight between
police agents of Tela and alleged owners of the land of the Cooperative [of women]. Home of Secundino
Torres”; copy of a photograph named “community land/ lawsuit of Dilcia Ochoa versus Teresa Reyes”; copy
of the transcripts of the hearing for the substitution of the precautionary measure of June 23, 2005 in the
case against Teresa Reyes Reyes as the alleged responsible for the crime of misappropriation and damages;
official letter of the Local Prosecutor’s Office of Tela of September 6, 2004, through which it summoned Mrs.
Gregoria Flores to appear before the Prosecutor’s Office of the Office of the Public Prosecutor of Tela;
document signed by Mr. Francisco Amaya Guzmán in the year 1949, received by Mr., Alfredo López-Álvarez
in the year 1994; arrest warrant issued on August 25, 2004 by the Captain of the National Preventive Police
of Tela Atlántida against Messrs. Jose Luis Martínez, William Blanco, Augusto Medina, and Liborio Medina
Centero; report given by the Investigative Commission of the Community center of Triunfo de la Cruz, on
April 23, 1994; public complaint presented by the Defense Committee for the Lands of Triunfo de la Cruz
(CODETT) on June 24, 2005; paper clippings regarding the complaint made by OFRANEH regarding
discrimination of the Garifunas within the Judicial Power; public complaint presented by the Defense
Committee for the Lands of Triunfo de la Cruz (CODETT) on June 24, 2005 and February 11, 2005; judgment
of the Sectional Court of First Instance of Tela, on March 29, 2005, through which it admitted the ordinary
petition of nullity regarding the final property deed presented by Mr. Esteban Loreto Guity; record of the
statement of the accused in the process against Teresa Reyes Reyes for the crime of misappropriation on
February 15, 2005; final judgment of the legal action presented by Mr. Ramón Edgardo Benedit issued by
the Sectional Court of First Instance of Tela on April 8, 2003; certification of the judgment issued by the
Appellate Court of la Ceiba, on September 29, 2004, in which it declared the motion of appeal presented
against the final judgment issued by the Sectional Court of First Instance of Tela deserted; certification of
the real estate and mercantile registry of entry 2,402, issued on January 20, 2003; memorandum of the
Office of the Public Prosecutor of June 10, 2004; sheet provided of the appeal for annulment against the
commitment order and the arrest warrant issued against Luis Harry, Teresa Harry, Juan Martínez, and others
presented by Mr. Secundino Torres; record of the initial hearing held in the city of Tela, on March 14, 2005,
in the process against Teresa Reyes Reyes and others; minutes of the general meeting held by the Board for
Improvement on March 8, 2005; legal action presented by Ramón Edgardo Benedit, President of the
Garifuna Community, before the Sectional Judge of First Instance of Tela, on February 7, 2003; complaint
filed for harassment and threats against leaders of the Community of Triunfo de la Cruz presented by
Gregoria Flores Martínez, General Coordinator of the Honduran Black Fraternal Organization (OFRANEH)
before the Prosecutor’s Office of the Municipality of Tela, on March 21, 2001; official letter of the Local
Prosecutor’s Office of Tela of August 27, 2002, through which it summoned Mr. Aduardo Benedit to appear
before the Prosecutor’s Office of Tela; letter for the definitive release of Teresa Harry issued by the
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