8 alleged abuse of office, fraud, and aggravated fraud to the detriment of the Public Administration and the Triunfo de la Cruz Community. It stated that a commitment order was issued for the crime of abuse of office, while the proceedings for fraud and aggravated fraud were dismissed. The State adds that that ruling was appealed by the Attorney General's office and by the accused. The La Ceiba Court of Appeals dismissed the Attorney General's appeal and admitted the appeal lodged by the accused, reversing the commitment order against them for abuse of authority to the detriment of the Community of Triunfo de la Cruz. The State reports that finally the Attorney General's Office filed an amparo suit before the Supreme Court of Justice, which denied the appeal, thereby concluding the case. 44. As regards the alleged absence of a simple and effective remedy before competent judges or tribunals, and alleged obstacles to access to judicial organs and mechanisms, the State asserts that the petitioner has made use of domestic remedies, as shown by the records of the bodies to which it has resorted, as, for instance in the case of the actions brought before the Office of the Attorney General and the INA, which demonstrate that the State has not violated the right to judicial guarantees and judicial protection. 45. Therefore, the State requests a statement by the IACHR that the human rights violations alleged by the petitioner did not take place. IV. ESTABLISHED FACTS 46. Pursuant to Article 43.1 of its Rules of procedure, the IACHR will examine the arguments and evidence presented by the parties, the information obtained during the hearings held in its 123rd and 5 127th period of sessions, and information that is a matter of public knowledge . 47. At the same time, bearing in mind that the file on precautionary measures on behalf of the Garífuna Community of Triunfo de la Cruz and its members was processed by the IACHR, the Commission deems it necessary to recall that the Inter-American Court of Human Rights has pointed out that "The evidence submitted during all stages of the proceeding has been included in a single body of evidence, for it to be considered as a whole, which means that the documents supplied by the parties with regard to the preliminary objections and the provisional measures are also part of the body of evidence in 6 the instant case." 48. Consequently, the Commission considers that the State of Honduras, as a party in both proceedings, has had an opportunity to debate and contest the evidence presented by the petitioners and that therefore a procedural balance exists between the parties. That being so, the Commission includes in the body of evidence that furnished by the parties in the precautionary measures proceedings. A. The Garífuna People in Honduras 49. Honduras is a multiethnic and pluricultural State comprising people who are of mestizos, indigenous, and of African descent. Estimates vary as to the size of the Garífuna population in Honduras. According to the census conducted by the National Institute of Statistics in 2001, 46,448 people described 7 themselves as Garífuna, while other sources estimate a population of approximately 98,000. 5 Article 43.1 of the Rules of Procedure of the IACHR states: The Commission will deliberate on the merits of the case, to which end it shall prepare a report in which it will examine the arguments, the evidence presented by the parties, and the information obtained during hearings and on-site observations. In addition, the Commission may take into account other information that is a matter of public knowledge. 6 I/A Court H.R. Case of Herrera Ulloa v. Costa Rica. Judgment of July 2, 2004. Series C No. 107; paragraph 68. See inter alia Case of the Kichwa Indigenous People of Sarayuku v. Ecuador. Merits and reparations. Judgment of June 27, 2012. Series C No. 245; paragraph 48. 7 National Institute of Statistics. 2001 Census. Database Redatam. Available at: http://www.ine.gob.hn/drupal/node/301. Caribbean Central America Research Council. Diagnostic Study on Land Use and Tenancy in the Garífuna and Miskito Communities of Honduras 2002-2003. Available at: http://ccarconline.org/Honduraseng.htm. p. 34.