39
189
Kuna Comarca of Madungandí presented a brief reiterating the beginning of the procedure
and on
March 12, 2003, they produced the certification issued by the National Bureau of Indigenous Policy that
accredited the representativity of the authorities of the Kuna Comarca of Madungandí who initiated the
190
eviction process.
150.
According to the information in the record before the IACHR, the first act by the governor
of the province of Panamá was to issue the resolution of June 6, 2003, ordering the correction of the
eviction action so as to include the information on the Caciques General of the Kuna Comarca of
191
Madungandí.
That order was answered by the requesters a few days later, by brief of June 26,
192
2003.
151.
Subsequently, the authorities of the Comarca reported on new invasions in the areas of
193
Wacuco and Tortí Abajo , and presented a request expedite the procedure, asking that the
corresponding authorities be ordered to protect the property of the Kuna Comarca of Madungandí. In
addition, in that brief they request referral to the criminal courts of the Secretary General of the
Federación de Trabajadores Agrícolas, who was said to be promoting the invasion of new lands and
194
distributing flyers instigating persons to invade the Comarca.
152.
On March 10, 2004, one year after the request for eviction was filed, the office of the
governor sent consultative note No. 033-04 to the Procuraduría de la Administración requesting its legal
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opinion on the authority of the governor’s office to entertain the request submitted. By note C-No. 73
of March 31, 2004, the Procuraduría de la Administración answered the consultation, concluding that the
authority vests in the Presidency of the Republic, as the president is the maximum chief of police of the
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nation.
153.
In view of that, by resolution of August 2004, the office of the governor of the province of
Panamá declared itself to lack the authority and ordered the record archived, considering that it should
have been forwarded to the Presidency of the Republic. Nonetheless, five months after this decision was
197
made, the record had not been forwarded to the Presidency. For that reason, on January 24, 2005, the
traditional authorities of the Kuna Comarca of Madungandí filed the request for eviction of illegal
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occupants with the Presidency of the Republic.
189
Annex 63. Annex to petitioners’ brief of July 8, 2003, received by the IACHR August 4, 2003; and Annex D to
petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009.
190
Annex 63. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December
191
Annex 63. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December
18, 2009.
18, 2009.
192
Annex 63. Annex to petitioner’s brief of July 8, 2003, received by the IACHR August 4, 2003; and Annex D to
petitioners’ brief of additional observations on the merits, received by the IACHR on December 18, 2009.
193
Annex 63. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December
194
Annex 63. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December
18, 2009.
18, 2009.
195
Annex 63. Brief for pursuing an administrative proceeding submitted to the President of the Republic of Panama,
January 24, 2005. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December 18,
2009.
196
Annex 60. File 212, folios 44 to 54. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007.
197
Annex 63. Brief for pursuing an administrative proceeding submitted to the President of the Republic of Panama,
January 24, 2005. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December 18,
2009.
198
18, 2009.
Annex 63. Annex D to petitioners’ brief of additional observations on the merits, received by the IACHR on December