47 247 detention. On February 12, 2007, the Personera Municipal of Chepo ordered that due to her own lack of jurisdiction, the preliminary investigation should be forwarded to the corresponding Agency of the 248 Public Ministry , assigning it to the Office of the Fifth Specialized Prosecutor of the First Judicial Circuit 249 of Panama by resolution of February 23, 2007. According to information provided by the parties, the 250 Office of the Fifth Prosecutor took investigative measures in March and April 2007. 178. The information available to the IACHR indicates that by Prosecutorial Proceeding No. 140 of July 29, 2007, that investigative agent recommended to the judge, the Tenth Circuit Criminal Court Judge of the First Judicial Circuit of the Province of Panama that he issue a provisional order to dismiss. According to the information produced by the parties, on December 27, 2007, the principal judge of that 251 252 court ordered provisional dismissal No. 436-07, based on Article 2208(1) of the Judicial Code. d) Criminal proceeding before the Office of the Deputy Director for Judicial investigation of the Agency of Chepo 179. On August 16, 2011, Tito Jiménez, administrative sahila of the community of Tabardi, filed a complaint for crime against property before the Office of the Deputy Director for Judicial Investigation, Agency of Chepo. The complaint, identified by the number AID-FAR-CHE-298-11, refers to the invasion of and logging in the Kuna communities of Tabardi, Ikandi, and Pintupu, in an estimated area 253 of 400 hectares. According to the information available to the IACHR, Tito Jiménez subsequently made a statement and filed an amendment to the complaint in the face of new invasions in the sector of 254 Tabardi. The authority in charge of the process made two inspections to the areas in question, in 255 August and September 2011. 180. On September 26, 2011, the file was forwarded to the Office of the Municipal 256 Ombudsperson of Chepo , in response to which Tito Jiménez filed a new amended complaint on 247 Annex 86. File 258, folios 76-87 and 88-91. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 248 Annex 86. File 258, folio 124. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007. 249 Annex 86. File 258, folio 128. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007. 10, 2007. 250 The record includes a request for information from the National Bureau of Indigenous Policy of the Ministry of Interior and Justice, folio 139; requests for information to the General Administrator of the National Environmental Authority, folios 161-163; witness statements, folios 164-169; social work visits to the home of the persons prosecuted, folios 174 to 219. Annex 86. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007. 251 Article 2208(1) of the Judicial Code - “The dismissal shall be without prejudice: 1. When the means that justify it, collected in the proceeding, are not sufficient to prove the punishable act….” 252 Annex 87. Tenth Circuit Court for Criminal Matters of the First Judicial Circuit of the Province of Panamá. Dismissal without prejudice No. 436-07 of December 27, 2007. Petitioners’ brief of May 22, 2012, received by the IACHR June 20, 2012. 253 In particular, denounced was ��a group of persons who entered the Kuna Comarca of Madungandí and in which they established themselves, invaded and harmed approximately 400 hectares and that they have felled a large number of trees for timber, specifically ESPAVE, in addition they have burned and felled a large quantity of natural resources, and are residing in the place.” Annex 88. Annex to the brief by requesters in the proceeding for precautionary measures, October 12, 2011, received the same day. 254 Annex 89. Proceeding in response to complaint AID-FAR-CHE-298-11, folios 8-9 and 22-24. Annex 16 to petitioners’ brief of July 13, 2012, received by the IACHR the same day. 255 Annex 89. Proceeding in response to complaint AID-FAR-CHE-298-11, folios 11-12 and 29-31. Annex 16 to petitioners’ brief of July 13, 2012, received by the IACHR the same day. 256 Annex 89. Proceeding in response to complaint AID-FAR-CHE-298-11, folio 37. Annex 16 to petitioners’ brief of July 13, 2012, received by the IACHR the same day.