26 C.2. Peasant associative production company “El Esfuerzo” 84. On November 6, 1986, the Community of Triunfo de la Cruz proposed to the INA it return 25 blocks that were part of the 126.40 hectares handed over in 1979 to the Community under guarantee of occupation, so they could be granted to the “El Esfuerzo” cooperative, made up by low-income women of the same Community. On April 20, 1987 the INA handed over possession of the 25 blocks to the Cooperative. 104 From that moment on, the women of the cooperative used the area to farm products to provide sustenance to their families. Since approximately the year 2000, said land was claimed by an individual, who proceeded to sell it to third parties. The women of the Cooperative claimed they suffered the destruction of crops, as well as acts of harassment promoted by those who argued they were entitled to the 25 blocks, actions that have been denounced in repeated occasions by the members of the Community.105 C.3. Alleged creation of a Board of Directors parallel to the Board of the Community of Triunfo de la Cruz 85. In February 2005, the General Assembly of the Board chose the list presided by José Ángel Castro as Board of Directors of the Foundation for the 2005-2007 period and it was later registered before the Municipality of Tela. The group that did not win the elections created a second foundation directed by a member of the Community by the name of B.M.,106 which continued to be registered before the Municipality of Tela. 107 In 2007 and 2009 elections were held for the Board of Directors of the Foundation and Teresa Reyes was elected both times;108 on both occasions requests for the “registration and acknowledgment” were Triunfo de la Cruz, of March 22, 2001 (evidence file, folios 2426 to 2427); Board for the improvement of the Garífuna Community of Triunfo de la Cruz, public complaint of May 30, 2006 (evidence file, folio 2433); Inter-American Commission, statement of José Ángel Castro offered at the public hearing of March 2, 2007 (evidence file, folio 3569). Cfr. National Agrarian Institute, Certification of October 6, 1988 (evidence file, folio 2446); National Agrarian Institute, Document of provisional possession, of May 8, 1987 (evidence file, folio 2449 to 2450). 104 Cfr. Foundation for the improvement of the Garífuna Community of Triunfo de la Cruz, Public accusation of February 18, 2002 (evidence file, folio 2458); Public Prosecutors’ Office, Local Prosecutors’ Office of Tela, Statements of defendants and witnesses, February and March 2002 (evidence file, folios 2460 to 2477); Brief from the auxiliary Prosecutor for Ethnic Groups and cultural heritage addressed to the Public Prosecutors’ Office. Coordinator of the Public Prosecutors’ Office of Tela of February 4, 2002 (evidence file, folio 7097); Garífuna Community of Triunfo de la Cruz, Public accusation, May 14, 2003 (evidence file, folio 7098). Secretariat of security, General Office of Criminal Investigation, Complaint for misappropriation of lands, of February 18, 2002 (evidence file, folio 2479); Complaint regarding damages addressed to the Public Prosecutors’ Office of Tela, Coordinator of Public Prosecutors, of February 27, 2003 (evidence file, folio 2481 to 2482); Secretariat of security, General Office of Criminal Investigation, Complaint, of May 4, 2008 (evidence file, folio 2488). In this sense, in its Answering Brief the State indicated that: “[m]any of the Community’s problems have their origin in internal conflicts of the same communities, for example, the assignment of land to individuals in the Cooperativa del Esfuerzo was carried out by a member of the Community of Triunfo de la Cruz, which results in the solution to the conflict created be found in the reclaiming through civil courts or through the use of the domestic jurisdiction of those same communities instead of through a criminal action by the Public Prosecutors’ Office” (evidence file, folio 292). 105 Cfr. Statement offered before the Inter-American Court by José Ángel Castro, during the public hearing held on May 20, 2014; Foundation for the Improvement of the Garífuna Community of Triunfo de la Cruz, Public accusation, of May 21, 2009 (evidence file, folio 2548); Foundation for the improvement of Triunfo de la Cruz, Public Press Release of March 30, 2006 (evidence file, folios 2530 to 2531). 106 Cfr. Municipality of Tela, Certification, of February 16, 2007 (evidence file, folio 2552); Municipality of Tela, Certification of May 7, 2008 (evidence file, folio 2554); Municipal Mayor’s Office of Tela, Citizen commission of transparency, Certification of June 19, 2009 (evidence file, folio 2556). 107 Cfr. Board of dignitaries of Triunfo de la Cruz, Opening minutes and Closing minutes (of the election process for the new authorities of the foundation of Triunfo de la Cruz) of February 9, 2007 (evidence file, folios 2558 and 2565); Foundation for the improvement of the Garífuna Community of Triunfo de la Cruz, Certification of February 19, 2007 (evidence file, folio 2567); Foundation for the improvement of the Garífuna Community of Triunfo de la Cruz “The celebration of the 210 anniversary of the handing over of the future of the Garífuna people, of April 10, 108

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