40
154.
According to the information produced by the parties, the President referred the matter to
the Ministry of Interior and Justice, which led the authorities of the Kuna Comarca to present a letter
rejecting this decision on February 16, 2005, given that the matter had been brought the attention of this
authority previously, without it coming up with a solution to the problem. Subsequently, by note presented
to the Presidency on October 31, 2006, the authorities of the Comarca requested information on the
status of the procedure and the actions taken, a communication for which there was no response
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according to the information available to the IACHR.
155.
Subsequently, in order to appoint an administrative authority for the Comarca, on June 4,
2008, Executive Decree 247, added Articles 66a and 66b to Article 66 of Executive Decree No. 228 of
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1998, the Organic Charter of the Comarca of Madungandí.
Executive Decree No. 247 provided as
follows:
Article 1. Article 66a is added to Executive Decree 228 of December 3, 1998, as follows:
Article 66a. The administration of administrative police justice, within the special political division of
the Kuna Comarca of Madungandí, shall be entrusted to a Corregidor de Policía, who shall meet
the requirements established by Law for the exercise of that position, and shall have the functions
and powers established by the Law for those who occupy the post of Corregidor de Policía, and
shall enjoy the support of the National Police when required. The decisions of the Corregidor de
Policía shall be appealable to the Ministry of Interior and Justice.
Article 2. Article 66b is added to Executive Decree 228 of December 3, 1998, as follows:
Article 66b. The Corregidor de Policía of the Kuna Comarca of Madungandí shall be appointed by
the President of the Republic, jointly with the Minister of Interior and Justice. The Corregiduría shall
have its office in the seat of the Comarca and the operating costs shall be charged to the budget of
the Ministry of Interior and Justice.
156.
After the issuance of this provision, a Corregidor was appointed for the Kuna Comarca of
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Madungandí; he held this office in 2008 and 2009.
According to the information produced by the
parties, in 2008 two eviction actions were filed with this authority, and on March 23, 2009, the
Corporación de Abogados Indígenas, acting on behalf of the Kuna Comarca of Madungandí, filed an
administrative action for “protection of lands” against the persons who were invading areas of the
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Comarca. The petitioners and the State agreed that this authority took some eviction actions in relation
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to the invasion of settlers. This Corregidor was removed in 2009 and in October 2011 a new person
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was appointed to the position.
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Annex 66. Communication to the President of the Republic, February 15, 2005. Annex E to petitioners’ brief of
additional observations on the merits, received by the IACHR on December 18, 2009. Annex 67. Communication to the President of
the Republic, October 26, 2006, presented on October 31, 2006. Petitioners’ brief of May 16, 2012, received by the IACHR the
same day. In addition, petitioners’ brief of July 13, 2012, received by the IACHR the same day.
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Annex 68. Annex B to the petitioners’ brief of May 25, 2011, received by the IACHR May 31, 2011; and State’s brief of
October 3, 2011, received by the IACHR October 4, 2011.
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It appears in the record before the IACHR that on July 29, 2008, the National Director of Indigenous Policy sent the
Minister of Interior and Justice a communication requesting “that the slate of candidates to occupy the position of Corregidor of the
Kuna Comarca of Madungandí … be presented.” Annex 69. Annex to the brief by the requesters in the precautionary measures
proceeding of June 14, 2010, received by the IACHR June 14, 2011.
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Annex 70. Administrative action for protection of lands, filed March 23, 2009. Annex to the brief by the requesters in the
precautionary measures proceeding of June 14, 2010, received by the IACHR June 14, 2011.
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The petitioners asserted that “during his administration some evictions were carried out” petitioners’ brief of May 16,
2012, received by the IACHR the same day, and that “two eviction actions were presented, one in the area of Tortí Abajo and
another in Wacuco, both in 2008. With these actions, some persons were evicted – not the majority – and that was able to control
the entry of more settlers (illegal occupants). When the term of the first Corregidor concluded, the invasions resumed” petitioners’
brief of July 13, 2012, received by the IACHR the same day. The State indicated that the Corregidor “has impeded the massive
invasion by peasants from Torti, Margarita de Chepo, Chiman, and central provinces, among others.” State’s brief of May 14, 2012,
received by the IACHR the same day.
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In a brief filed June 14, 2011, the petitioners note that after his removal, no corregidor has been appointed for the
Comarca, even though the authorities asked the indigenous for names as of October 2009 brief of requesters in precautionary
measures proceedings of June 14, 2010, received by the IACHR June 14, 2011. Subsequently, in a brief of October 12, 2011, the
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