4
physical reality of the communities, the protected areas ordered and turned into national
parks, the lifestyle and how the Garífunas and non-Garífunas live side by side.” The
Court granted this request and ordered the diligence in situ given the nature of the
controversies and its complexities, as well as the need to have more evidence.
Specifically, its purpose was to: a) observe some of the areas of the territory claimed by
the Community, and b) hold a meeting with the parties, the Commission, and different
authorities and residents.7
14. In this judgment, the Court established that the diligence in situ had been valuable
because it “offer[ed] a general vision of an important illustrative nature that can
dimension, understand, and delimit the specific facts that make up the basis of the
alleged violations presented to it.”8 More specifically, through the information obtained
from this diligence it was able to verify that the “Indura Beach and Golf Resort” tourism
project was not located within the traditional territory claimed by the Community. Upon
carrying out the diligence in situ, the Court could determine that “this tourism project
was located on the other side of the Tela Bay, several kilometers away from the Triunfo
de la Cruz Community and the territories in controversy in this case.” Therefore, the
Court did not go on record regarding the alleged violations related to this tourism
project.9
15. Additionally, from the information obtained during the mentioned diligence
regarding the “Playa Escondida” tourism project, the Court “could verify the location and
nature of the buildings”10 and “it was verified that the construction had been finished
and it was occupied.”11 On the other hand, it could not verify the exact location of the
real estate project “Laguna Negra” during the visit.12
16. If the Court had not carried out the diligence in situ and, thus obtained the necessary
information, it would not have been able to verify the circumstances and facts of the
case corresponding to the lands in dispute and it could not have established the merits
of the alleged violations to human rights, as well as the possible appropriateness of
certain measures of reparations.
17. Due to the complexity of the cases related to traditional lands of indigenous and
tribal peoples, especially when they are partially occupied by third parties, it is
convenient that the bodies of the Inter-American System act with as much care as
possible and verify with even greater attention the parties’ arguments and the evidence
referent to the areas in dispute. Visits in situ by the Court that allow it to get to know,
analyze, and broaden its understanding of the situations of third parties residing in the
lands claimed by the Community may be helpful in this sense. This is necessary to try
to avoid, within the Court’s duties or procedural competences, that the decision offered
by it result ineffective or unfair regarding those third parties that are not part of the
litigation before the Court.
7
Paras. 15 to 16 of the judgment.
8
Para. 38 of the judgment.
9
Para. 27 of the judgment.
10
Para. 89 of the judgment.
11
Para. 165 of the judgment.
12
Para. 89 of the judgment.