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