23 C. Problems presented with regard to the territory of the Garífuna Community of Triunfo de la Cruz and its members C.1. Expansion of the urban radius of the Municipality of Tela and its alleged consequences regarding the traditional territory of the Community of Triunfo de la Cruz and its members 73. As stated by the representatives and the Commission, without objection from the State, on September 26, 1979 the INA decided to destine an area of approximately 1380.4 hectares to the expansion of the urban radius of the Municipality of Tela. On April 24, 1989, the INA authorized the expansion of the municipality’s urban radius in 3,219.80 hectares, even though the resolution “[e]xcluded from the demarcated urban radius the lands allocated to beneficiaries of the Agrarian Reform prior to this resolution, until their total value has been paid for,” this “without detriment of the property or possession rights of individuals or corporations within the demarcated area.”79 The aforementioned was approved by the Honduran Institute of Tourism, excluding 40 hectares from the area expanded. 80 The growth of the Municipality’s urban area covered part of the territory the Community states it has traditionally occupied, including areas over which it had title deeds of full ownership and occupation.81 C.1.1. Municipality of Tela, the company IDETRISA, and the Marbella project 74. Between August 1993 and July 1995, the Municipality of Tela sold around 44 hectares of land, which were in part from the area granted in guarantee of occupation in the year 1979 (supra para. 68), to the company Inversiones y Desarrollos El Triunfo S.A. de C.V. (IDETRISA) and third parties for the execution of the tourism project “Club Marbella”. 82 75. On September 17, 1994, the CODETT filed a complaint before the Public Prosecutors’ Office for Ethnic Groups regarding the sale of communal lands. 83 In June 1996, the Public Prosecutors’ Office filed before the Sectional First Instance Court an accusation for the continuous crimes of abuse of authority, simple fraud and aggravated fraud against several authorities and former authorities of the Municipality of Tela.84 In October 1996, the Sectional First Instance Court of Tela issued a commitment order against those accused of the crime of Cfr. National Agrarian Institute, certification of Resolution N° 055-89, of April 24, 1989 (evidence file, folios 2038 to 2039). 79 Cfr. Honduran Institute of Tourism, certification of Resolution No. 002 of January 17, 1992 (evidence file, folio 2041). 80 Cfr. National Agrarian Institute, Legal Services Division, Department of Land Affectations, Report DAT 01898, of January 22, 1998 (evidence file, 1713); CODETT, “The Historical Community of Triunfo de la Cruz founded on May 3, 1524 – where the historical Triunfo de la Cruz mountain is located” (evidence file, folio 2212). 81 82 Cfr. Certified copies of public sales deeds granted by the Municipality of Tela in favor of IDETRISA and third parties (evidence file, folios 1367 to 1707); Document from the General Attorney-at-Fact for Legal Matters of IDETRISA addressed to the Executive Director of the INA, of August 22, 1997 (evidence file, folio 1350); Honduran Institute of Tourism, “Analysis of the requests of full ownership of the Garífuna Communities” (evidence file, folio 1723); Inter-American Development Bank, Analysis of sociocultural impacts of the National Program for Sustainable Tourism within the Garífuna Communities of the Tela Bay, July 2006 (evidence file, folio 6140). Cfr. Committee for the defense of Triunfeña Lands (CODETT), complaint addressed to the Public Prosecutor for Ethnic Groups of September 17, 1994 (evidence file, folios 2224 to 2227); Committee for the defense of Triunfeña Lands, “The Historical Community of Triunfo de la Cruz founded on May 3, 1524 – where the historical Triunfo de la Cruz mountain is located” (evidence file, folio 2213). 83 84 Cfr. Public Prosecutors’ Office, criminal charges, of June 11, 1996 (evidence file, folios 2235 to 2243).