in which they recorded that: (a) Paulino Mejía did not come forward to testify before the DNIC agents present in the area, even though his presence was requested; (b) neither the DNIC offices nor the offices of the Public Prosecution Service of Trujillo had any record of, or conducted proceedings in relation to, the complaints concerning usurpation and threats; (c) the planned procedures could not be conducted because the DNIC agents were unable to return to the area of Punta Piedra owing to lack of fuel; (d) the area presumably encroached upon by the Ortiz family was not inspected and the accused were not fully identified. The Court has no further information on this process. F.3 Complaint for abuse of authority owing to the construction of a highway cutting through the territory of the Punta Piedra Garifuna community 155. On October 19, 2010, Edito Suazo Ávila and Antonio Bernárdez Suazo filed a complaint for the offense of abuse of authority before the Ethnic Affairs Prosecutor, and requested an investigation of the presumed “construction of a highway that would cut through land owned by the Punta Piedra Garifuna community, currently known as Rio Miel, without due consultation of the community as established in Convention 169 […].” 190 The complaint was registered as No. 0801-2010-34463. 156. In this regard, the Ethnic Affairs Prosecutor: (a) issued a request for a police investigation on November 3, 2010, ordering the DGIC to take several actions, such as: taking statements from witnesses and the complainant; requesting information about whether the mayor’s office had authorized the construction of a highway and the relevant documentation, as well as information about a prior consultation of the community with regard to the construction and the pertinent evidence that it had been conducted; 191 (b) asked the INA Minister-Director to inspect the lands belonging to the communities to determine the areas encroached upon; initially, this was not done owing to a lack of travel expenses; 192 (c) issued a requirement for a police investigation on May 14, 2013, reiterating the procedures previously requested and ordering the DGIC to take new actions, such as: an on-site inspection and a request for information about those in charge of the highway construction; 193 (d) requested the Ministry of Public Works, Transportation and Housing (SOPTRAVI) of the area, to forward information about the unit and personnel in charge of the construction of the highway in 2010. 194 The next day, the Director General of Highways advised that there was no project in the Punta Piedra community; 195 (e) required the Iriona mayor to submit a copy of the 2010 highway construction permit; 196 in response, the deputy 189 Cf. Report of the National Directorate of Criminal Investigation of June 14, 2013, presented at the request of the Ethnic Affairs Prosecutor (evidence file, folios 1644, 1646 and 1647). Also, the Ethnic Affairs Prosecutor asked the DNIC to obtain the photographic records of Efraín and Alejandro Ortiz. This request was not answered, according to the Court’s files. Cf. Request to execute procedures of the Ethnic Affairs Prosecutor of June 12, 2013 (evidence file, folios 1642 and 1643). 190 Cf. Complaint of April 10, 2010, filed on October 19, 2010 (evidence file, folio 1482). 191 Cf. Request for police investigation of complaint No. 0801-2010-34463 of November 3, 2010 (evidence file, folios 1484 to 1485). 192 Cf. State’s brief to the Commission of February 18, 2011 (evidence file, folios 551 and 552). 193 Cf. Request for police investigation of complaint No. 0801-2010-34463 of May 14, 2013 (evidence file, folios 1484, 1485 and 1487). 194 Cf. Official letter No. FEEPC-OF-65-2013 of the Ethnic Affairs Prosecutor of May 15, 2013 (evidence file, folio 1486). 195 Cf. Official letter DGC 0861-2013 of SOPTRAVI of May 16, 2013 (evidence file, folio 1488). 196 Cf. Official letter No. FEEPC-OF-319-2013 of the Ethnic Affairs Prosecutor, dated May 23, 2013, received on June 3, 2013 (evidence file, folio 1495). 46