16 77. While these proceedings were under way, it was ascertained that the land requested by the Community fell within the urban perimeter of the Municipality of Tela by virtue of Resolution No. 05589 adopted by the IMA on April 24, 1989 and that 44.00 hectares had been sold to a company (see below section IV.D.1). The Honduran Tourism Institute filed a query with the Attorney General’s Office regarding the legality of the sales, which triggered an investigation by the Office of the Comptroller General of the 45 Republic. 78. On March 25, 1996, the INA decided to suspend processing of the adjudication in favor of the Community of Triunfo de la Cruz “until the Attorney General’s Office and the Office of the Comptroller 46 General jointly analyze and pronounce on the situation that has arisen.” INA’s last intervention in this process of which the IACHR is aware is a request for information filed by INA’s General Secretariat with the Attorney General’s Office on June 3, 1998. According to the information at the IACHR’s disposal, that 47 request went unanswered. 3. Granting of a title guaranteeing occupancy of 126.40 hectares during the second period of agrarian reform legislation (1974-1979) 79. Through Decree Law No. 170-74 of December 30, 1974, the Honduran State adopted a new Agrarian Reform Law, which has been in effect since January 14, 1975. Article 36 of the 1975 Agrarian Reform Law established that: Land that, on the date this law enters into force is occupied by villages or hamlets whose existence does not derive from a labor contract between those occupying that land and its owner shall be expropriate and awarded to the respective community. Portions of the property that have been or are being cultivated by persons living in the vicinity of the 48 villages or hamlets shall be covered by the provisions of the foregoing paragraph. 80. Based on those provisions, the Garífuna Community of Triunfo de la Cruz filed an application with the INA, which resulted in that institution granting the Community a “guarantee of occupancy” title to 126.40 hectares on September 28, 1979. That title reads as follows: The Executive Director of the National Agrarian Institute, in the exercise of the powers conferred on him by Article 135.b and Article 144.a and g, in conjunction with Article 36 of the Agrarian Reform Law, grants to the Garífuna Community of Triunfo de la Cruz guarantee of occupancy of the 126.40 hectare plot located in the Village of Triunfo de la Cruz, Municipality of Tela, Department of Atlántida, with the following borders: to the north, with the Caribbean Sea; to the south, with Roberto Yuin and the Standard Fruit Company; to the east, with the River Plátano; and to the west, 49 with Roberto Yuin. 81. Thus the guarantee of occupancy title was given to the Community in recognition of the fact that it was an area occupied and cultivated by its members, as provided in the above-mentioned Article 36 of the Agrarian Reform Law. The IACHR notes that the area for which the guarantee of 45 Annex 10. “Analysis of the Garífuna Communities' Applications for Full Ownership” prepared by the Honduran Tourism Institute on April 23, 1996. Annex 24 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 46 Annex 9. Decision of the National Agrarian Institute dated March 25, 1996. File 2000-81 with the National Agrarian Institute, page 252. Appendix 7 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 47 Annex 9. Request for information by the National Agrarian Institute to the Attorney General of the Republic (Procurador General de la República) on June 3rd, 1998. File 2000-81 with the National Agrarian Institute, page 466. Appendix 7 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 48 Article 36 of the Agrarian Reform Law, issued on December 30, 1974, through Decree-law No. 170, in effect since January 14, 1975. 49 Annex 11. Guarantee of occupancy title granted by the National Agrarian Institute on September 29, 2003. Annex 4 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003; and Annex 6 of the petitioner’s written communication dated May 23, 2006, received by the IACHR on May 30, 2006.