44
167.
The titling process included, in August 2011, a field visit by the Ministry of Interior, the
National Bureau of Local Governments, the National Commission on Political-Administrative Boundaries,
the National Bureau of Indigenous Policy, and the traditional authorities of the Emberá communities of
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Piriatí and Ipetí. According to the information available to the IACHR, to date this titling procedure has
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not concluded; rather, it has been necessary, as referenced earlier, to sign two new agreements.
3.
Criminal proceedings concerning the invasion by peasants and crimes against the
environment
168.
In addition, the alleged victims initiated criminal actions against settlers for ecological
crimes and invasion of their territories. In the documents produced by the parties that are part of the
record before the IACHR one finds five criminal complaints against settlers for different crimes, some of
which were joined.
a)
Complaint for the crime of illicit association to engage in criminal conduct,
usurpation, harm to property, illicit enrichment, ecological crime, and others
before the Fifth Prosecutorial Circuit
169.
On December 20, 2006, the Corporación de Abogados Indígenas de Panamá presented,
on behalf of the General Caciques of the Kuna Comarca of Madungandí, a criminal complaint before the
Attorney General of the Nation against 127 persons for the crime of illicit association to engage in criminal
conduct, usurpation, harm to property, illicit enrichment, ecological harm, and all others that result from
the illegal occupation of the lands of the Comarca. By means of that complaint the corregidors of El Llano
and Tortí, the mayor of Chepo, the governor of the province of Panamá, and the President of the
Republic were all alleged to be liable for the delict of abuse of authority and infraction of the duties of
227
public servants.
170.
By resolution of January 29, 2007, the Office of the Attorney General of the Nation
228
ordered that the investigation be removed to the Prosecutorial Circuit of the First Circuit of Panama. By
th
resolution of February 13, 2007, the Office of the 15 Prosecutor of the First Circuit of Panama undertook
229
th
to study the complaint and declared that the investigation was open.
On February 28, 2007, the 15
Prosecutor’s Office forwarded the investigation to the Office of the Specialized Prosecutor on the
230
Environment, as it was considered a specialized matter.
On March 14, 2007, the Office of the Fifth
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Annex 10. Technical report “Gira de campo para la revisión de la propuesta de Tierras Colectivas en la provincia de
Darién, Distrito de Chepigana, corregimientos de Santa Fe y la Provincia de Panamá, Distrito de Chepo, corregimiento de Tortí;
según ley 72 de 23 de diciembre de 2008,” and technical report “Gira de campo para la revisión del ante proyecto y aprobación de
tierras colectivas a nivel nacional según ley 72.” Annex to State’s brief of October 3, 2011, received by the IACHR October 4, 2011.
226
In the last brief filed by the State, received by the IACHR May 14, 2012, it states: “… the delivery date of the Collective
Property Titles of the Territories of Ipetí Emberá, Piriati Emberá, and Maje Emberá Drua was agreed upon as May 17, 2012…. In
addition, the National Land Authority shall issue a certification of the indigenous territories of Piriati, Ipeti, and Maje-Emberá that are
in the process of adjudication….” State’s brief of May 14, 2012, received by the IACHR the same date. In its last submission to the
IACHR, the State affirmed that a request presented by the authorities of the Emberá people of Bayano to the ANATI on August 13,
2012, is currently in “process of adjudication” “in accordance with an agreement between the State and the Traditional Authority in
this region.” State’s brief of September 17, 2012, received on September 24, 2012. In addition, according to what was reported by
the petitioners in their last brief, received by the IACHR June 20, 2012, the adjudications applied for have not been carried out. In
particular, they noted that “to date no collective title has been granted, the settlers have not been evicted, nor has protection been
given to the indigenous territories of Darién not to mention the Emberá of Alto Bayano sic.” Petitioners’ brief of May 22, 2012,
received by the IACHR June 20, 2012.
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As background to this allegation, mention is made of the lack of a response in the administrative sphere, given that as
of December 20, 2006; the legal action presented to the President of the Republic on January 24, 2005, had not been admitted or
dismissed. Annex 60. File 212, folios 1 to 10. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007.
228
Annex 60. Resolution of the Office of the Attorney General of the Nation, January 29, 2007. File 212, folios 74 and 75.
Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007.
2007.
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Annex 60. File 212, folio 77. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007.
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Annex 60. File 212, folios 78 and 79. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10,