2
adequately comply with its duty. Specifically, when a case refers to claims over lands
that are possibly inhabited by different groups of people (indigenous or tribal groups and
peasants or settlers, as in this case), the factual circumstances should be verified, as far
as possible, before the mentioned submission of the case before the Court.
5. In this case, from the assertion of the facts in the factual framework of the Merits
Report by the Inter-American Commission the actual situation of the territory claimed
by the Garífuna Community of Triunfo de la Cruz is not clear, especially regarding third
parties inhabiting the lands in dispute and the scope of this situation, the number of said
third party inhabitants, the extension of the lands occupied by them, and the
circumstances presented by them as grounds for their presence. This situation was not
clarified in the Commission’s other briefs and interventions. This means that, in absence
of other means of evidence in the case file, the Court initially did not have enough clarity
regarding the factual situation in which the human rights’ violations object of the
controversy allegedly occurred.
6. The references in the Merits Report, specifically regarding the presence of third
parties in the territory claimed by the Community, were related in their majority to
certain sales of lands to those third parties. For example, the Commission stated in
general terms that there had been a “gradual dispossession of the ancestral lands,
carried out partly by state authorities themselves and, with its acquiescence, by
individuals,”1 and more specifically indicated that “the situation became notoriously
worse with the granting by public authorities of property deeds over areas possessed by
the Community to tourism business groups and individuals.”2 Additionally, the
Commission stated that “by virtue of the expansion of its urban area […] the Municipality
transferred to individuals different plots of land belonging to the ancestral territory of
the Garífuna Community”3 and that “one of the greatest problems the Community
currently faces is the presence of multiple ladino or non-Garífuna people in their
ancestral territory, even in those areas granted in full ownership.”4
7. Despite these references, it was not clear what the current situation regarding the
different areas was or where the third parties and the members of the Community were
specifically settled, respectively. Likewise, from the information provided it could not be
adequately defined who the different owners and occupants of the lands claimed by the
Community were or their different realities regarding their use and occupation.
8. In this regard, it must be analyzed that if the Court does not have sufficient
information concerning the situation in which the people involved in the facts of the case
live, it would be difficult to issue a judgment that takes into consideration all
circumstances relevant to the resolution of the issue presented. Moreover, it is necessary
to avoid, as much as possible, that judicial decisions become a seed for social
confrontation or to promote situations of conflict. As previously indicated, judgments of
the Inter-American Court try to do justice in the case submitted to its jurisdiction,
avoiding damages to third parties that do not participate in the litigation of the case.
1
Merits Report, para. 98.
2
Merits Report, para. 99. See also Merits Report, para. 108.
3
Merits Report, para. 107. See also Merits Report, para. 123.
4
Merits Report, para. 142.