72
278.
In addition to the actions undertaken for recognition of its ancestral lands, from the facts
deemed to be proven, the IACHR notes that the Community began two administrative proceedings to
achieve recovery of the 22 manzanas granted by the Municipality to its Trade Union. As the IACHR has
ascertained with respect to the expropriation proceedings initiated with the INA on January 7, 2002,
according to the State, that Institute issued an expropriation resolution on December 7, 2007, that is to
say almost 6 years later. In the IACHR’s opinion, that such a length of time is clearly unwarranted for
proceedings of that nature. Likewise, in order to recover the 22 manzanas the Community filed an action
for annulment of the corresponding decision with the Municipality. The IACHR notes that only four years
after the claim was presented did the Office of the Attorney General of the Republic issue an opinion in
favor of annulment and that, despite that, according to information at the IACHR’s disposal, 10 years after
the process began no decision putting an end to the process had been issued.
279.
In light of Articles 25 and 8.1 of the Convention and of the provisions of ILO Convention
No. 169, the IACHR considers that the Honduran State did not comply with the obligation to provide the
Triunfo de la Cruz Community with a remedy taking into account its particular nature, its economic and
social characteristics, its customary law, values, habits, and customs, and which in turn would be effective
in solving its territorial claim, while guaranteeing the Community’s right to be heard with due guarantees
and keeping to a reasonable schedule for guaranteeing its rights and obligations. Therefore, the
Commission concludes that the State violated Articles 25 and 8 of the American Convention to the
detriment of the Community of Triunfo de la Cruz and its members, in conjunction with Articles 1.1 and 2
thereof.
2.
Proceedings regarding criminal complaints lodged by the Community of Triunfo de
la Cruz and its members
280.
The Inter-American Court has established that anyone who has suffered a violation of his
or her human rights has the right “to obtain clarification of the events that violated human rights and the
corresponding responsibilities from the competent organs of the State, through the investigation and
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prosecution that are established in Articles 8 and 25 of the Convention.” The protection of these rights
is reinforced by the general obligation to respect and guarantee them, established in Article 1.1 of the
American Convention. On that, the Inter-American Court has established that:
Article 25 in relation to Article 1(1) of the American Convention obliges the State to guarantee to
every individual access to the administration of justice and, in particular, to simple and prompt
recourse, so that, inter alia, those responsible for human rights violations may be prosecuted and
reparations obtained for the damages suffered… Article 25 “is one of the fundamental pillars not
only of the American Convention, but of the very rule of law in a democratic society…” That article
is closely linked to Article 8(1), which provides that every person has the right to a hearing, with due
guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, for
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the determination of his rights, whatever their nature.
281.
The Inter-American Court has interpreted Article 25 as guaranteeing a simple and prompt
recourse for the protection of rights, but also an effective recourse for protecting individuals from acts of
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the State that violate their fundamental rights.
For that reason, the right to judicial protection is
considered to be an extremely important right since it becomes a fundamental mechanism for exercising
the defense of any other right that has been violated by bringing appropriate actions or remedies before
the competent judicial authority.
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I/A Court H.R., Case of Barrios Altos v. Peru. Judgment of March 14, 2001. Series C No. 75, paragraph 48.
361
I/A Court H.R., Case of Loayza Tamayo. Reparations. Judgment of November 27, 1998. Series C No. 42, paragraph
169; I/A Court H.R. Velásquez Rodríguez Case. Preliminary Objections. Judgment of June 26, 1987. Series C No. 1. paragraph 91;
I/A Court H.R., Case of Fairén Garbi and Solís Corrales. Preliminary Objections. Judgment of June 26, 1987. Series C No. 2,
paragraph 90.
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I/A Court H.R., Tibi v. Ecuador Case. Judgment of September 7, 2004. Series C No. 114. paragraph 130; “Five
Pensioners” Case. Judgment of February 28, 2003. Series C No. 98, paragraph 126.