IACHR does not possess detailed information on these deaths, at least in the case of the murder of Chief Xicão the Office of the Attorney General established that the mastermind of the crime was the farmer and nonindigenous occupant of the Xucuru indigenous territory, José Cordeiro de Santana ("Zé de Riva"), and the perpetrator was the gunman known as "Ricardo", who had been hired by the mastermind through the intermediary Rivaldo Cavalcanti Siqueira ("Riva de Alceu") 60. 61. The IACHR also considers a proven fact that Cacique Xicão’s successor, his son Cacique Marquinhos, began to receive threats together with his mother, Zenilda Maria de Araujo, because of his leadership in the struggle of the Xucuru indigenous people for the recognition of their ancestral lands. Of these threats, the Commission was made aware of two threats received in the second half of 1999, as well as of anonymous letters received in March 2000, which stated that the widow of Cacique Xicão and his son would be included in a "list" to be silenced. In 2001 the threats had focused on Cacique Marquinhos61. This situation led the IACHR to grant precautionary measures in favor of both on October 29, 2002. The Commission also considers as a proven fact that despite the precautionary measures issued by the IACHR, Cacique Marquinhos suffered an attempt on his life on February 7, 2003, and was eventually included in the Protection Program for Human Rights Defenders of Pernambuco, in 2008 62. Such precautionary measures remain in force to date, as a result of that situation of tension, insecurity and violence. 62. Finally, the Commission also notes that the continued presence of non-indigenous settlers in the Xucuru indigenous territory during the administrative process of demarcation and the existence of interests other than those of the indigenous people fighting for decades for its ancestral territory, ended up causing dissent and internal conflicts within the Xucuru indigenous people themselves. Thus, it is also a notorious fact the dissent reflected in the existence of a group of Xucurus referred to as "Grupo de Biá" or "Xucurus de Cimbres", that for example, support the development of tourism projects in areas included within the indigenous territory demarcated and titled (specifically the expansion project of the Santuário Nossa Senhora das Graças, in the town of Cimbres, in the area called "Guarda" within the Xucuru indigenous territory). The information available to the IACHR indicates that the attack against Cacique Marquinhos occurred on February 7, 2003 would have been undertaken by members of the dissident group63. V. LEGAL ANALYSIS A. Preliminary matters 63. Prior to the merits analysis, the IACHR would like to make some clarifications on the allegations made by the parties and on the scope of the present case. In its Admissibility Report No. 98/09, the Inter-American Commission defined the object of the case referring to the alleged violation of "the right to property of the Xucuru indigenous people resulting from the delay in the process of demarcation of their ancestral territory and the ineffectiveness of the judicial protection to guarantee its right to property" 64. 64. Nevertheless, as observed from the position of the petitioners, during the merits phase, the petitioners submitted new allegations, including on what they called the "new strategy" of non-indigenous to obstruct the demarcation of the Xucuru territory through the "criminalization of indigenous leaders," that would be taking place through "countless criminal actions" promoted by the Federal Public Ministry against See Annex 11. Memorandum No. 02 / PGF / PFE / FUNAI / 09, the General Advocacy of the Union for FUNAI, dated January 21, 2009 (Annex to the Communication from the State of July 21, 2009). 61 Initial petition and request for precautionary measures on October 16, 2002. 62 See Annex 12. Communication from the State of July 20, 2013 (on file with the Precautionary Measures); Annex 13. Defenders of Human Rights - The Confrontation of Inequalities in Pernambuco, publication of the Agenda for Protection of Human Rights Defenders in Pernambuco (Annex 3 of the Communication from the State of July 20, 2013 (on file with the Precautionary Measures) ; and public hearing before the Commission on February 27, 2003. 63 Annex 14. Report - CGDDI: Case Xucuru - Recife / PE "; and Annex IX - "Administrative Procedure No. 1.26.000.000875/2001-39 the Federal Public Ministry (Annex to communication from the State of February 20, 2004, par. 7); Annex 17. Proposal for the Economic Development Agency of Pernambuco SA "(AD / Diper), June 1998 (Annex 3 to the communication of the petitioners of October 7, 2008, par. 38); and Annex 15. Xucuru village open letter to the people of Pesqueira and all the pilgrims of Nossa Senhora das Graças of September 22, 2001 (Annex 4 of the Communication of the petitioners of October 10, 2002). 64 IACHR. Report No. 98/09, P4355-02, Admissibility, Xucuru Indigenous People, Brazil, October 29, 2009, par. 41 and 42. 60 15