24
108.
Specifically, according to the information in the file with the IACHR, between August 1993
and July 1995, the Municipality of Tela sold off no fewer than forty-two point two (42.2) hectares of
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ancestral lands of the Triunfo de la Cruz Community, that were primarily used to grow traditional
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Garífuna food crops. Those sales were effected through forty notarized bills of sale totaling
approximately nine hundred and eighty-five thousand, three hundred and eighty-five point five seven
lempiras (L. 985,385.57) in favor of the Inversiones y Desarrollo el Triunfo S.A. de C.V. company
(hereinafter “IDETRISA”) – directly and through its partners – with a view to that land being used to
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execute a tourism project called “Club Marbella.” The information at the IACHR’s disposal indicates,
moreover, that 33 hectares of the land sold by the Municipality to IDETRISA overlapped with land that
MACERICA alleged it owned in the proceedings brought by the Community before the INA in 1969 (see
above IV.C.2)90.
109.
At the same time, a series of harassments, threats, and acts of violence began against
members of the Community, instigated by those who had acquired its ancestral lands in order to force
them to leave the areas they had bought from the Municipality. Indeed, according to the information at the
IACHR’s disposal, heavy pressure was exerted to oblige members of the Community to surrender the
community lands on which they worked in exchange for varying sums of money, ignoring their traditionally
collective ownership of the land. Those who resisted were intimidated and threatened; there were even
reprisals, such as the destruction of their crops, thereby lowering the Community’s consumption of its
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traditional produce. In a public hearing before the Inter-American Court, attended by representatives of
the Honduran State, regarding the Alfredo López v. Honduras, the Garífuna leader, Gregoria Flores, gave
the following description of the aforementioned violence:
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The area referred to does not include the area sold by the Municipality of Tela to El Triunfo Investments and
Development Ltd in the amount of 708.07 lempiras given that the total area involved n the transaction is not indicated. Annex 9.
Notarized deed 194 dated December, 7 1994. File 2000-81 with the National Agrarian Institute, pages 403-407. Appendix 7 of the
petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006.
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Annex 23. Complaint lodged with the Office of the Prosecutor for Ethnic Groups and Cultural Heritage of Honduras] on
September 17, 1994. Annex 16 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. IACHR,
Public Hearing dated March 2nd, 2007 on “Case 12.548 –Garífuna community of Triunfo de la Cruz, Honduras”, 127th period of
sessions. Expert appraisal by Edmund Taylor Gordon.
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Specifically, the information in the file with the IACHR indicates that IDETRISA, through its General Manager, Georges
Andonie, purchased no less than 379,306.22 m 2(three hundred and seventy-nine thousand three hundred and six point 22 square
meters). That area does not include the area sold by the Municipality of Tela to IDETRISA in the amount of 708.07 lempiras,
because the total area involved in the transaction is not shown. Annex 9. Notarized deeds 129, 130, 131, 132, 133, 134, 135 and
136 of August 17, 1993; notarized deeds 151, 152, 153 and 154 of September 24, 1993; notarized deeds 9, 10, 11, 12, 13, 14, 15,
16, 17 and 18 of February 15, 1994; notarized deed 80 of June 20, 1994; notarized deed 92 of July 7, 1994; notarized deeds 194,
195, 196, 197, 198, 199, 200 and 201 of December 7, 1994; and notarized deeds 71, 72, 73 and 74 of July 12, 1995. File 2000-81
with the National Agrarian Institute, pages 280-458. Annex 7 of the petitioner’s writ dated May 23, 2006, received by the IACHR on
May 30, 2006; Commercial corporation Multiproyectos S. A. de C. V., through Georges Andonie acting in a semi-official capacity,
bought 13,267.03 m2 (thirteen thousand two hundred and sixty seven point zero three square meters Annex 9. Notarized deed 139
of August 17, 1993. File 2000-81 with the National Agrarian Institute, pages 330-334. Annex 7 of the petitioner’s writ dated May 23,
2006, received by the IACHR on May 30, 2006; Georges Andonie, in his own capacity, purchased 9,132.32 m 2 (nine thousand one
hundred and thirty-two point three two square meters) Annex 9. Notarized deed granted to Georges Andoni, dated August 17,
1993. File 2000-81 with the National Agrarian Institute, pages 265-269; Jorge Shibli Canahuati purchased 10,798.16 m2 (ten
thousand seven hundred and ninety-eight point one six square meters) Annex 9. Notarized deed 138 granted to Jorge Shibli
Canahuati on August 17, 1993. File 2000-81 with the National Agrarian Institute, pages 325-329. Annex 7 of the petitioner’s writ
dated May 23, 2006, received by the IACHR on May 30, 2006; and Roberto Larach Chahin purchased 9,551.96 m 2 (nine thousand
five hundred and fifty-one point nine six square meters) Annex 9. Notarized deed 128 granted to Roberto Larach Chahin. File 200081 with the National Agrarian Institute, pages 270-274. Appendix 7 of the petitioner’s written communication of May 23, 2006,
received by the IACHR on May 30, 2006.
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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.
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The complaint lodged by the Land Defense Committee of Triunfo de la Cruz (CODETT) regarding these acts states
that: "Before the sale of arable land to the aforementioned businesses at the beginning of 1993, between 45 and 50 families
benefited directly from farming activities, and, indirectly, the whole Community did. Since that land was sold, there is a shortage of
cassava and its by-products, so its price has gone up. One should mention that cassava bread is the staple food in our culture. So
we are severely affected by the local shortage sic." Annex 23. Complaint lodged with the Office of the Prosecutor for Ethnic
Groups and Cultural Heritage of Honduras] on September 17, 1994. Annex 16 of the initial petition dated October 27, 2003, received
by the IACHR on October 29, 2003.