12 55. Without prejudice to the foregoing, the Commission notes that the arguments and evidence of the petitioner are focused on occupation by third parties of the territory of the Garifuna Community of Punta Piedra. 56. In fact, based on the information provided by the parties, it is apparent that the area of 38 expansion occupied by peasants in Rio Miel, in December 2001, totaled 605 hectares. On July 12, 2007, the INA reported that within the area encompassed in the final fee simple title handed over to the Punta Piedra Community for 1,513 hectares and 5,445.03 square meters, the land was divided up as follows: “The table below summarizes how the land was made up and distributed, as to the area of expansion of Punta Piedra: AREA OCCUPIED BY LADINOS WITHIN THE EXPANSION GARIFUNAS LANDS WITHIN AREA OF EXPANSION WOODED AREA WITHIN AREA OF EXPANSION LAND OF AMBROCIO TOMAS OWNED IN FEE SIMPLE AREA BETWEEN HIGHWAY AND TRACKS TOTAL 612.13 HAS. 653.24 HAS. 177.98 HAS. 68.06 HAS 2.13 HAS. 1,513.54 HAS. The area of forest or mountain (177.98 hectares) is currently in possession of members of the Rio Miel Community. The Titled Area of the Expansion of Punta Piedra is adjacent to the following: North: South: East: West: Private Lands of the Garífuna Community of Punta Piedra. Reserve Zone. Garífuna Community of Cusuna and Ciriboya. 39 Municipalities of Limón a Iriona. ” 57. The INA attached to the same report a list of the “OCCUPANTS OF THE VILLAGE OF RIO MIEL WITHIN THE TITLE OF EXPANSION OF PUNTA PIEDRA,” which totaled approximately 33 persons.40 58. Graphically, the locations are described by the INA on the Map of “geographic location of the land of the Garifuna Community of Punta Piedra” drawn up by said institution and dated July 12, 41 2007. 59. Consequently, based on documents originating from the State, it is on record that the Garifuna Community of Punta Piedra possesses 653.24 hectares of the 1,513.54 that were given by the State in fee simple in 1999, while the rest were occupied by third parties, either as a result of encroachment, or by means of a property title to right of ownership issued by the State to third parties. The IACHR notes that the State asserts in a note dated August 22, 2011, that “the Rio Miel Village only occupies Two Hundred and Seventy Eight point Forty hectares (278.40).” However, this figure is not consistent with several documents provided by the State itself and drawn up by the INA, the specialized entity in charge of the management of land title clearing. 38 Annex 7. Commitment agreement of Decembver 13, 2001. Annex to the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 39 Annex 8. Final report of cadastral survey of the area titled in the expansion in favor of the Garifuna Community of Punta Piedra of July 12, 2007. Annex to the submission of observations on the merits from the State dated October 13, 2010, received by the IACHR on the same date. 40 Annex 8. Final report of cadastral survey of the area titled in the expansion in favor of the Garifuna Community of Punta Piedra of July 12, 2007. Annex to the submission of observations on the merits from the State dated October 13, 2010, received by the IACHR on the same date. 41 Annex 2. Annexes to the submission introduced by the State on July 19, 2007, during the working meeting of the 128th Regular Period of Sessions.

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