the visit [was due to the fact that] the army was present in the area”; they also indicated that “the presence of the settlers ha[d] not been peaceful.” 132. The conflictive situation resulted in the filing of five complaints that the Court will describe in the following sections: (a) 2003 complaint concerning usurpation and threats against Félix Ordóñez Suazo and complaint owing to his 2007 murder; (b) 2010 complaint concerning usurpation and threats against Paulino Mejía and the Punta Piedra Garifuna community, and (c) 2010 complaint concerning abuse of authority due to the construction of a highway cutting through the territory of the Punta Piedra Garifuna community. F.1. Land usurpation complaint, and investigation proceedings owing to the death of Félix Ordóñez Suazo and criminal F.1.1 2003 land usurpation complaint 133. On May 22, 2003, Félix Ordóñez Suazo filed complaint No. 188-2003 against Luis Portillo with the General Directorate of Criminal Investigation (hereinafter “the DGIC”) of the Ministry of Security in Trujillo, for the presumed offense of usurpation on his lands. 140 According to the complaint, in May 2003, Luis Portillo, who was a landowner in the area, wanted to take over an area of between 2 and 5.5 acres, located in the Punta Piedra community. 141 Also, on July 11, 2003, this complaint was registered as case No. 6714-2003 before the Special Prosecutor for Ethnic Affairs and Heritage (hereinafter, “the Ethnic Affairs Prosecutor”). 142 134. On July 11, 2003, the Ethnic Affairs Prosecutor issued an order requiring a police investigation for the DGIC to investigate the facts. In this regard, he gave an order for some procedures to be conducted, the most important of which were: identifying the accused; taking the statements of the accused, witnesses and victim; appraising the damage and he specifically ordered that this investigation be overseen by the Trujillo Prosecutor; obtaining maps and the property titles of the parties in dispute, and the inspection of the site. 143 135. On September 10, 2014, the Trujillo Prosecutor received a communication from the Ethnic Affairs Prosecutor dated June 7, 2013, requesting information on the progress and current status of the complaint for the offense of usurpation. 144 The file does not contain an answer to this request. 136. As helpful evidence, the Court asked the State to provide a complete copy of the case file of the usurpation complaint. Based on the evidence forwarded, the Court notes from the information in that case file, that the procedures ordered by the Ethnic Affairs Prosecutor were not carried out. The Court has no additional and updated Cf. Complaint concerning usurpation No. 188-2003 filed on May 22, 2003 (case file, folio 2483). Cf. Complaint concerning usurpation No. 188-2003 filed in May 2003 (case file, folio 2483). The State pointed out that the area presumably encroached on was located within the slightly more than 800 hectares titled to the Punta Piedra community in 1993 (evidence file, folio 1434). 142 Cf. Document of the Ethnic Affairs Prosecutor of July 11, 2003, and Police Investigation Request issued by the Special Ethnic Affairs Prosecutor of July 11, 2003 (evidence file, folios 2480 to 2481). 143 Cf. Order of the Special Ethnic Affairs Prosecutor requiring a police investigation of July 11, 2003 (evidence file, folios 2481 and 2482). 144 Cf. Official letter No. FEEPC-559-2014 of the Ethnic Affairs Prosecutor of June 7, 2013 (evidence file, folio 1622). 140 141 40