78
3.
The State is responsible for the violation of the obligation to adopt domestic legal
stipulations, enshrined in Article 2 of the American Convention on Human Rights, in relation
to Articles 1(1), 21, 8, and 25 of that same instrument, in detriment of the Garífuna
Community of Triunfo de la Cruz and its members, in the terms of paragraphs 187 to 200 of
this judgment.
4.
The State is not responsible for the violation of the right to life, enshrined in Article 4
of the American Convention on Human Rights, in relation to Article 1(1) of that same
instrument, in detriment of Messrs. Jesús Álvarez Roche, Oscar Brega, Jorge Castillo Jiménez,
and Julio Alberto Morales, in the terms of paragraphs 204 to 214 of this judgment.
AND ESTABLISHES
unanimously, that:
5.
This judgment constitutes, per se, a form of reparation.
6.
The State shall, within a two-year term computed as of the notification of this
judgment, proceed to demarcate the lands over which collective property has been granted
to the Community of Triunfo de la Cruz in full ownership and guarantee of occupation, with
their full participation and taking into consideration the Community’s customary law, uses,
and customs, pursuant to paragraph 259 of this judgment.
7.
The State shall, within a two-year term computed as of the notification of this
judgment, grant the Community of Triunfo de la Cruz a collective property title deed duly
delimited and demarcated over the area designated as “Plot A1” (infra Map Annex), pursuant
to paragraphs 260 to 264 of this judgment.
8.
The State shall, within a reasonable period of time, start the investigations related to
the death of Mr. Jesús Álvarez and Messrs. Óscar Brega, Jorge Castillo Jiménez, and Julio
Alberto Morales, in order to determine the possible criminal responsibilities and, if it were the
case, effectively apply the punishments and consequences established by law, pursuant to
paragraphs 266 and 267 of this judgment.
9.
The State shall make the publications and radio broadcast within a 6-month term, as
of the notification of this judgment, in the terms of paragraphs 271 and 272 of this judgment.
10.
The Court shall, within a one-year period computed as of the notification of this
judgment, carry out a public ack of acknowledgment of international responsibility, pursuant
to that stated in paragraph 274 of this judgment.
11.
The State shall guarantee free access, use, and enjoyment of the collective property
by the Community of Triunfo de la Cruz in the part of its territory that overlaps with an area
of the Punta Izopo National Park, pursuant to that stated in paragraph 280 of this judgment.
12.
The State shall, within a reasonable period of time, create adequate mechanisms to
regulate its Property Registry system in the terms stated in paragraph 282 of this judgment.
13.
The State shall create a Community development fund in favor of the members of the
Garífuna Community of Triunfo de la Cruz, in the terms and periods stated in paragraphs 289
to 299 of this judgment.