community (supra para. 133). The Court notes that the State did not conduct any
significant procedure to clarify the facts and to punish those responsible, in violation
of the principles of due diligence and reasonable time (infra para. 290).
273. The Court has also verified that, when lodging the petition before the
Commission on October 29, 2003 (supra para. 2.a), the representatives indicated that
the land tenure conflict with the village of Rio Miel had “planted the seeds of violence
and desperation in the [Punta Piedra community].” 295 The petition was notified to the
State on January 30, 2004.
274. In addition, the Court noted that on September 28, 2006, representatives of
OFRANEH and different Garifuna communities, including the Punta Piedra community,
held a meeting with State authorities 296 to follow up on the requests submitted to the
President of the Republic. 297 However, the memorandum of understanding signed by
the parties does not reveal any element related to the existing situation of risk in the
Punta Piedra Garifuna community or the specific situation of Félix Ordóñez Suazo.
275. On April 20, 2007, a meeting was held with the participation of Government
authorities 298 and representatives of the village of Rio Miel. During the meeting, it was
agreed that “[INA would] seek to reach a friendly settlement to resolve the conflict
[…], to avoid incidents that could disturb the peace between the two communities, as
has persisted to date [and that] INA and the municipality of Port Iriona, [would]
organize a meeting with the two communities (Rio Miel and Punta Piedra), for the
purpose of reaching a friendly settlement of the problem.” 299
276. Based on the above, the Court has verified that, prior to the death of Félix
Ordóñez Suazo, at least 13 state institutions 300 were aware of different components of
the conflict, and the General Directorate of Criminal Investigation were particularly
aware of the situation of Félix Ordóñez Suazo in relation to the offense of land
usurpation in 2003. However, the information provided to the Court reveals that none
of the authorities had specific information of a situation that would jeopardize the life
of Mr. Ordóñez, but this occurred in 2007.
Cf. Petition lodged before the Commission on October 29, 2003 (evidence file, folio 500).
Namely: 1) the Minister for the Environment and Natural Resources; 2) the Minister for Security; 3)
the Minister for Foreign Affairs; 4) the Assistant Attorney General; 5) the Director of the Honduran Social
Investment Fund; 6) the Minister for Tourism; 7) the Minister for Public Works, Transportation and Housing;
8) the Assistant to the President for Social Affairs; 9) the Director of Public Prosecution Service; 10) the
Ethnic Peoples Prosecutor of the Public Prosecution Service; 11) General Directorate of the Property
Registry; 12) the Director of the National Agrarian Institute; and 13) the Vice Minister for Governance and
Justice. Cf. Memorandum of understanding between OFRANEH and Government authorities of September 28,
2006 (evidence file, folio 121).
297
Regarding Punta Piedra, the issue addressed was compliance with the adoption of the budget item
for freeing the Punta Piedra territory of encumbrances. Cf. Memorandum of understanding between
OFRANEH and Government authorities of September 28, 2006 (evidence file, folio 123).
298
Namely: 1) the National Agrarian Institute; 2) the Ministry of Foreign Affairs; 3) the Ministry of
Security; 4) the Supreme Court of Justice, and 5) the Mayor’s Office of Port Iriona. Cf. Special agreement of
April 20, 2007 (evidence file, folio 87).
299
Cf. Special agreement of April 20, 2007 (evidence file, folio 87).
300
Namely: 1) The Ministry of Security; 2) the Attorney General’s Office; 3) the Prosecutors
Directorate of the Public Prosecution Service; 4) the Ethnic Affairs Prosecutor of the Public Prosecution
Service; 5) the Mayor’s Office of Port Iriona; 6) the National Agrarian Institute; 7) the Ministry of Foreign
Affairs; 8) the Ministry of the Environment and Natural Resources; 9) the Honduran Social Investment Fund;
10) the Ministry of Tourism; 11) the Ministry of Public Works, Transportation and Housing; 12) the General
Directorate of the Property Registry, and 13) the Vice Minister of Governance and Justice.
295
296
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