25
1998,97 moment when the Union transferred to its affiliates full ownership over different plots
of land.98
79.
Because of this transfer to the Employees and Workers’ Union of the Municipality of
Tela of 22.81 blocks located within the territory reclaimed by the Community, several legal
and administrative procedures were started.
a) Criminal complaint
80.
On February 4, 1998, a member of the Community filed a complaint for abuse of
authority before the Office of Criminal Investigation of the Public Prosecutors’ Office stating
that the Municipality of Tela had introduced machinery in the area. 99
b) Expropriation procedure before the National Agrarian Institute
81.
On January 7, 2002, the Community asked the INA to dwell the 22 blocks through
expropriation,100 recommending it declare as admitted the request for expropriation, referring
to the investigations that determined that the property is private and that it was not being
currently exploited because it was in dispute.101
c) Administrative procedure for the nullity of the agreement before the
Municipality of Tela
82.
On September 6, 2002, the Community of Triunfo de la Cruz filed an administrative
nullity complaint before the Municipality of Tela against the agreement through which the
Municipal Corporation assigned the 22 blocks to the Union. 102 Currently, it was verified during
the visit in situ (supra para. 15) that this plot of land is occupied by the Community.
d) Complaints filed due to harassment and threats to leaders and members of
the Community regarding the complaint for the 22 blocks of land
83.
Additionally, different members and leaders of the Community filed complaints before
the Public Prosecutors’ Office and addressed communications to other state authorities
regarding death threats and threats of violence, “harassment, threats to leaders, and an
eviction order,” destruction of crops, among other acts of violence related to the dispute over
22 blocks.103
Cfr. Certified copy of public deed N° 33 for the transfer of full ownership, granted by the municipal mayor
of Tela in favor of the Workers and Employees’ Union of the Municipality of Tela, of January 22, 1998 (evidence file,
folios 1983 to 1986).
97
Cfr. Public sales deeds granted by the Employees and Workers’ Union of the Municipality of Tela in favor of
third parties (evidence file, folios 2055 to 2201).
98
Cfr. Public Prosecutors’ Office, Office of Criminal Investigation, complaint by an auxiliary of the Triunfo de
la Cruz village of February 4, 1998 (evidence file, folio 2376).
99
Cfr. Request for dwelling through expropriation of twenty-two blocks of land in favor of the Community of
Triunfo de la Cruz of January 7, 2002 (evidence file, folios 1980 to 1981).
100
101
Cfr. National Agrarian Institute, Report N° 47/03, of July 14, 2003 (evidence file, folio 2386).
Cfr. Administrative complaint requesting the agreement of the municipal corporation that disposes of the
22-block piece of land and its transfer to the municipality union be declared null, of September 5, 2002 (evidence
file, folios 2389 to 2391).
102
Cfr. Board for the improvement of the Triunfo de la Cruz Village, brief addressed to the President of the
Supreme Court of Justice, of May 23, 2000 (evidence file, folio 2431); Fraternal Honduran Black Organization
(OFRANEH), Filing of a complaint for harassment, threats to leaders, and order of eviction against the Community of
103