27 accused of misuse of authority. In particular, the IACHR observes that the Court considered that that crime had not been committed, based on the following: There is no entry in it referring to the Public Registry from which evidence could be deduced that the sales carried out by the Municipality of Tela, to which this trial refers, affect in any way the lands protected in the respective deed a reference to the full ownership title deed granted by the INA on October 29, 1993, or that the Garífuna Community as such has had legal preference for obtaining full ownership of the aforementioned real estate; and since that evidence is lacking, there is nothing that properly attests to the existence of the crime of misuse of authority in the manner stated in the accusation. For that reason, it must of necessity be concluded that the incarceration orders being 104 appealed against were issued without conclusive evidence of a crime having been committed. 117. Against that decision, on June 2, 1997, the Office of the Attorney General filed an amparo action with the Supreme Court of Justice for protection of a right guaranteed by the Constitution, which 105 was ratified in a document dated September 16, 1997. On June 4, 1997, the Supreme Court admitted 106 the amparo action and on December 4, 1997 that court denied it, considering that “when they availed themselves of the constitutional guarantees, the latter were not limited, restricted, or denied.” The Supreme Court likewise considered that: […] The judgment being appealed does not impair either the letter or the spirit of the Constitutional obligation of the State of Honduras to recognize, foster, and guarantee the existence of ownership in the broadest social function sense, because the conflict of interest was not decided by any judicial ruling, much less the one challenged, in favor of or against either of the parties to the 107 dispute […]. 118. On November 27, 1998, the Sectional Court of First Instance in Tela dismissed the proceedings against the staff and former staff of the Municipal Mayor’s Office in Tela, a ruling that was 108 confirmed by the Court of Appeals in La Ceiba on April 30, 1999. ii) Other actions conducted by the Community and its members, and subsequent events 119. The Community of Triunfo de la Cruz also filed complaints with other authorities. On July 25, 2001, the Community Council filed a complaint with the National Human Rights Commissioner against the Mayor of the Municipality of Tela for misuse of authority. The Commissioner requested information on 109 the situation from the Mayor referred to and the INA. Likewise, in a communication dated November 30, 1998, the Community Council complained to the Attorney General about illegal sales of the Garífunas’ 104 Annex 30. Sentence by the Court of Appeals of La Ceiba of March 3, 1997. Annex 34 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 105 That remedy alleged violation of Article 90 first paragraph, of the Constitution of Honduras –referring to the guarantee of Due Process - because, despite having ascertained sales by the Municipality to IDETRISA in an amount far higher than the legal maximum of 500 m2allowed for a person in "marginalized areas" - under Article 70 of the Municipalities Law - , the Court of Appeals of La Ceiba revoked the incarceration orders. Annex 31. The amparo action brought on June 2, 1997 and writ "formalizing the application for amparo" of September 16, 1997. Annex 35 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 106 Annex 32. Certification of Minutes of Meeting No. 61 held by the Supreme Court on December 2, 1997. Annex E to the State's writ containing its observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007. 107 Annex 32. Certification of Minutes of Meeting No. 61 held by the Supreme Court on December 2, 1997. Annex E to the State's writ containing its observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007. 108 Annex 33. Certification of sentence of the Court of Appeals dated April 30, 1999. Annex 37 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 109 Annex 34. Communication from the Honduran National Commission of Human Rights to the Mayor of the Municipality of Tela on August 1st, 2001. Annex 43 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.