25
Starting in the 1990s, a whole process of harassment began because, when the Municipality sold
the land to the entrepreneurs, they needed to evict the Garífunas who were growing coconuts and
cassava in the area. So they began to slash their plants and burn the coconut palms to frighten the
members of the Community into leaving the area, saying that if they went they would get checks of
750 or 800 lempiras and that the land no longer belonged to the Community, but rather to the
Municipal Mayor’s office, so that if they did not accept the money, they would have to leave
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anyway. Those were the first threats the Community received.
i)
Criminal proceedings before the Office of the Prosecutor for Ethnic Groups and
Cultural Heritage of the Office of the Attorney General on account of illegal sales of
land
110.
On September 17, 1994, the Committee for the Defense of the Land, CODETT, filed a
complaint with the Office of the Prosecutor for Ethnic Groups and Cultural Heritage of the Office of the
Attorney General (hereinafter “Office of the Prosecutor for Ethnic Groups”) regarding sales conducted by
the Municipality , in which it stated that:
Our Committee considers that this sale of land was illegal because, although took part in the sale of
land, the local authorities in Triunfo de la Cruz, did not inform the members of the Community about
it, as was their duty. No assembly of the Community was held to study the sales plan or elicit its
approval, contrary to custom, nor was the people told about the expansion of the urban core of Tela
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sic .
111.
According to the evidence provided, pursuant to that complaint, the Chief Public
Prosecutor of Tela sent a memorandum to the Prosecutor for Ethnic Groups on December 15, 1994,
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informing him of the sales carried out by the Municipal Mayor’s Office in Tela to IDETRISA. In light of
that memo, on December 16, 1994, the Prosecutor for Ethnic Groups asked the Chief Public Prosecutor
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in Tela, through Official Letter FEEPC-005/94, to conduct investigations.
112.
. On January 30, 1995, Alfredo López Álvarez, President of CODETT, and Gregoria
Flores, wrote to the Prosecutor for Ethnic Groups of the Office of the Attorney General asking for
information regarding the status of investigations “given that the Triunfo de la Cruz Community’s problem
had not been resolved.” According to the information at the disposal of the IACHR, the Chief Public
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Testimony of Gregoria Flores Martínez at the public hearing held before the Inter-American Court on June 28, 2005, in
Case Alfredo López v. Honduras. Along the same lines, Beatriz Ramos Bernárdez, member of the community, stated in her testimony
before the IACHR: "They arrived with the complicity of a persons who was working as a magistrate, a Garífuna of Triunfo de la Cruz,
together with the Mayor. They went to the Community to intimidate the people, telling them that if they did not sell their land, it would be
taken away from them without payment. Those who objected were told that they had to hand over their I.D. so that they could regularize
the lot they were working on. Many fell for that trap and were surprised to find them coming to their homes at midnight to give them a
handful of one-lempira notes totaling 200, 300, 500, or 1,000 lempiras and that was all the payment they made to many who had been
working for years in the Community and their forebears before them. Those who objected had their cassava slashed and set fire to."
IACHR, Public Hearing dated March 2nd, 2007 on “Case 12.548 –Garífuna community of Triunfo de la Cruz, Honduras”, 127th period
of sessions. Testimony of Beatriz Ramos Bernárdez.
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That same complaint contained a request for investigation into a second case of illegal sales by members of the
Community of 38 manzanas in the south-east part of Triunfo de la Cruz to “David Zaccaro Morlachi.” Annex 23. Complaint filed with
the Public Prosecutor’s Office for Ethnic Groups and Cultural Heritage on September 17, 1994. Annex 16 of the initial petition dated
October 27, 2003, received by the IACHR on October 29, 2003. Community leaders said they had received threats as a result of this
complaint. - Annex 20. Document titled “La Comunidad histórica del Triunfo de la Cruz fundada el 3 de mayo de 1524 lugar donde
se encuentra el histórico Cerro Triunfo de la Cruz” [The historic Community of Triunfo de la Cruz, founded on May 3, 1524 where
the historic Cerro Triunfo de la Cruz site is located]” produced by the Land Defense Committee of Triunfo de la Cruz. Annex 12 of
the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 24. Memorandum from the Chief Prosecutor in Tela on the “Preliminary Report on Alleged Illegal Sales of Land
of the Garífuna Community of Triunfo de la Cruz” dated December 15, 1994. Annex 17 of the initial petition dated October 27, 2003,
received by the IACHR on October 29, 2003.
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Annex 25. Official Letter FEEPC-005/94 from the Public Prosecutor’s Office for Ethnic Groups and Cultural Heritage to
the Chief Prosecutor in the Office of the Attorney General, dated December 16, 1994. Annex 17 of the initial petition dated October
27, 2003, received by the IACHR on October 29, 2003.