300. Likewise, the case file before this Court does not reveal that, in the criminal
proceedings before the Magistrates’ Court, the hearing requested by the Trujillo
Prosecutor in order to receive the statement of Marcos Bonifacio Castillo, only witness in
the case, as pre-trial evidence, and ordered for August 18, 2011, was actually held. In
addition, the Court notes that, since 2010, both the Ethnic Affairs Prosecutor and the
Trujillo Prosecutor have requested the exhumation of Félix Ordóñez Suazo’s body in
order to perform the respective autopsy. However, even though this request was
submitted to the Regional Director of Forensic Medicine on two occasions as an urgent
matter, and even though the Ethnic Affairs Prosecutor has repeated his requests for
information about this procedure on four occasions, the exhumation of the body remains
pending to date (supra paras. 146 to 148).
301. The Court notes that more than eight years after the facts, the criminal
proceedings are at the investigation stage before the Trial Court and no relevant
procedures have been conducted. In this regard, it considers that a prolonged delay,
such as the one in this case, constitutes – in principle - a violation of judicial
guarantees, thereby contravening the reasonable time. 320
302. Based on the foregoing, the Court has verified that, at the start of the
investigation into the death of Félix Ordóñez Suazo, significant evidence was not
collected, and no relevant procedures have been conducted subsequently at the
judicial level; therefore, the State failed to conduct a thorough and diligent
investigation. All of this has resulted in a serious breach of the duty to investigate the
facts, which could also affect the immediacy of the evidence, the possibility of
obtaining reliable information, and the loss of evidence or the impossibility of collecting
it, owing to the passage of time. The Court considers that these omissions and
irregularities prove that the State failed to take effective measures during the
investigations and criminal proceedings in the case. The Court also concludes that the
State failed to comply with the reasonable time due to the existence of procedural
delays in the prosecution of the case. Consequently, the Court considers that the State
is internationally responsible for the violation of the rights established in Articles 8(1)
and 25(1) of the American Convention to the detriment of Félix Ordóñez Suazo and the
members of the Punta Piedra community.
B.2.2. 2010 complaints concerning land usurpation and threats
and also abuse of authority to the detriment of the Punta Piedra
Garifuna community and its members
303. The Court has verified that, on April 13 and 16 and October 19, 2010, the Punta
Piedra community, through its development association, filed three complaints,
respectively: (a) for usurpation owing to the invasion of lands belonging to the
community and for threats by the Rio Miel “ladinos or outsiders” as a result of the land
conflict; (b) for perpetration of the offense of proffering death threats against Paulino
Mejía, a member of the Punta Piedra community, by three individuals from Rio Miel,
and (c) for perpetration of the presumed offense of abuse of authority when
investigating the presumed construction of a highway that cut through the territory of
320
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, reparations and
costs. Judgment of June 21, 2002. Series C. No. 94, para. 145, and Case of Veliz Franco et al. v. Guatemala.
Preliminary objections, merits, reparations and costs. Judgment of May 19, 2014. Series C No. 277, para.
217.
85