68 259. The Court refers to that stated regarding the Community’s ancestral territory in the Chapter on Merits concerning the right to communal property, and it indicates that the State must proceed to demarcate the lands over which the Community’s collective property has been granted in full ownership and in guarantee of occupation. This must be implemented within a maximum period of two (2) years computed as of the notification of this judgment and with full participation of the Community, taking into consideration its customary law, uses, and customs. 260. Similarly, this Court orders, with regard to the area designated “Plot A1” (infra Map Annex) that was acknowledged as traditional territory of the Community of Triunfo de la Cruz by the INA (supra para. 115), that the State grant the Community within a period of two (2) years computed as of the notification of this judgment, a collective property deed over that land, which must be duly delimited and demarcated. 261. If in compliance with this measure of reparation the State must carry out expropriation proceedings or procedures necessary to relocate third parties that may have title deeds of full ownership over plots included in plot A1 (infra Map Annex), including the 22 blocks allocated to the Workers’ Union of the Municipality of Tela (supra para. 78), and the plots of land belonging to the companies MACERICA and IDETRIS, the State must pay the corresponding compensations to the affected parties, pursuant to the stipulations of domestic legislation. The Court recalls its case law, according to which the “restriction of the right of private individuals to private property might be necessary to attain the collective objective of preserving cultural identities in a democratic and pluralist society, in the sense given to this by the American Convention,” implying the State’s obligation to pay “fair compensation to those affected, pursuant to Article 21(1) of the Convention.”244 262. If, due to duly motivated reasons, the State considers it is not possible to carry out the titling of all or part of plot A1 (infra Map Annex), it shall grant a collective property title deed to the Community over alternative lands of the same size and quality than those not granted. For the implementation of this measure, the State shall consult with the Community of Triunfo de la Cruz and its members through a procedure that complies with international standards in this matter. 263. Without detriment of the aforementioned, the State shall develop, in agreement with the Community of Triunfo de la Cruz, rules for a peaceful and harmonious coexistence in the territory in question thus making sure that those who are not part of the Community respect the uses and customs of the Community of Triunfo de la Cruz; additionally it must develop the necessary mechanisms of prevention to avoid any damage by third parties to the Garífuna territory. 264. The Court recalls that, as long as the mentioned lands have not been demarcated and, when appropriate, adequately titled in favor of the Community of Triunfo de la Cruz, the State must abstain from carrying out actions that could result in agents of the State itself, or third parties acting with its acquiescence or tolerance, affecting the existence, value, use, or enjoyment of the lands that should be returned to them and those over which they currently hold title deeds. C. Obligation to investigate the facts that resulted in the violations and identify, prosecute, and, if appropriate, punish those responsible 265. The Commission asked the Court to order the State to investigate and punish those responsible for “the threats, harassments, acts of violence and intimidation, and damages Cfr. Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations, and Costs. Judgment of June 17, 2005. Series C No. 125, para. 148. 244

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