community. Therefore, on August 25, 2015, a delegation from the Court carried out
this procedure to observe some areas of the territory claimed and to meet with the
parties, the Commission, and various authorities and villagers. 12 First, the delegation
overflew the territory related to the facts of the case. On its arrival, the delegation was
received by numerous members of the Punta Piedra community. Later on, a meeting
was held where different members of the community expressed their opinions
regarding the problem areas in this case to the Court’s delegation. Then, the
delegation visited the area of Cusuna where the Punta Piedra II non-metallic
exploration concession would allegedly be located. Lastly, the delegation visited some
parts of the village of Rio Miel (hereinafter also “the village of Rio Miel” or “Rio Miel”)
and listened to the opinions of several inhabitants. On September 4, 18 and 22, 2015,
the Court received the parties’ observations on the visit.
20.
Deliberation of the case. The Court began to deliberate this judgment on
October 5, 2015.
III
JURISDICTION
21.
The Inter-American Court has jurisdiction to hear this case pursuant to Article
62(3) of the American Convention because Honduras has been a State Party to the
American Convention since September 8, 1977, and accepted the Court’s contentious
jurisdiction on September 9, 1981.
IV
PRELIMINAY OBJECTION
ALLEGED FAILURE TO EXHAUST DOMESTIC REMEDIES
A. Arguments of the parties and of the Commission
22.
The State did not include a specific independent section on preliminary
objections. However, in the conclusions to its answering brief, it argued that there had
been a failure to exhaust domestic remedies with regard to the alleged violation of the
right to property because the presumed victims had “not taken advantage of the
actions or remedies established in the domestic jurisdiction, as they […] had not filed
claims before the domestic authorities and there is no evidence that a final judgment
or resolution had denied such claims.” The State also argued that judicial proceedings
were underway in relation to the death of Félix Ordóñez Suazo and an arrest warrant
was pending execution against the individual presumably responsible. Therefore, a
ruling by the Inter-American Court was not appropriate.
23.
The Commission noted that the only mention in the State’s answering brief
that could be understood as a preliminary objection related to the alleged violation of
the right to property. It indicated that: (i) it had been amply demonstrated that the
Punta Piedra community had filed complaints on many occasions; (ii) before both the
12
The Court’s delegation that visited the community consisted of the President of the Court, Judge
Humberto Antonio Sierra Porto; Alexei Julio, the Secretariat’s Legal Counsel; Jorge Calderón Gamboa, lawyer
and Secretariat Coordinator, and Cecilia La Hoz Barrera, Secretariat lawyer. The State was represented by
Jorge Abilio Serrano Villanueva, Assistant Attorney General, and Jesus Flores, INA engineer. The InterAmerican Commission was represented by Commissioner James Cavallaro and Erick Acuña, Commission
Advisor. In addition, Miriam Miranda, OFRANEH General Coordinator, and other community leaders were
present on behalf of the representatives.
10