4
6. That regarding the threats against Alfredo López-Álvarez, which were allegedly
made on May 27 and June 3, 2007 by members of the Municipality of Tela workers’
union, the State argued that the first of such threats, concerning the property
damage caused to the prejudice of the community of Triunfo de la Cruz, was under
investigation, and that, as regards the second one, it had received no information
whatsoever. Later, it informed that Alfredo López-Alvarez had failed to file a
complaint in relation to the alleged threats made against him and that regarding the
complaint filed by the above community, the Public Prosecutor’s Office for Ethnic
Groups and Cultural Heritage [Fiscalía Especial de Etnias] had instructed that the
complaint be admitted and processed. Furthermore, the State alleged that in their
observations, the representatives failed to inform about the current and specific
situation faced by each of the beneficiaries, as required by the Court, and that the
information submitted was not related to the case of López-Álvarez, which is why it
had repeatedly requested that the measures be lifted. Notwithstanding the
foregoing, the State, on several occasions, has stated that, should the measures be
maintained, it is willing to revise them together with the beneficiaries.
7.
That the representatives pointed out the need to maintain the measures
adopted in behalf of Alfredo López-Álvarez and Teresa Reyes-Reyes due to the
pressures exerted on the Garifunas communities as a result of the speculations of
the real estate sector concerning the development of tourism megaprojects in the
city of Bahía de Tela. Such need was grounded on the lack of respect for the human
rights of black and indigenous communities, on the persistence of harassment
techniques inherited from the Cold War and, mainly, on the seizure of the Garifunas
lands for the development of tourism megaprojects. Among the threats received and
reported during 2006, 2007 and 2008, the representatives included such facts as the
destruction of crops, the invasion of lands and the verbal threats and attempted
attacks against Mr. López-Álvarez and other members of the Garifuna community by
members of the Municipality of Tela workers’ union and other “invaders.” The
representatives pointed out that Mr. López-Álvarez had reported the abovementioned threats and that they were still waiting that the officials of Tela Criminal
Court complied with the instructions of the Public Prosecutor’s Office for Ethnic
Groups and Cultural Heritage [Fiscalía Especial de Etnias] so that the complaint filed
by the community of Triunfo de la Cruz be admitted and processed. In this regard,
according to the representatives, there was a direct link between the work of the
beneficiaries for the defense of the lands of the Garifunas communities and the
threats against them. The representatives added that such threats and attacks were
related to the beneficiaries’ work as leaders in the fight for the lands belonging to
the Garifuna people of the community of Triunfo de la Cruz and that, therefore,
taking into consideration the impunity regarding said complaints, the beneficiaries
will continue facing a situation of imminent danger until the conflict for the lands has
been settled. In their last brief of January 14, 2009, the representatives pointed out
that the removal of the provisional measures, as requested by the State, “is
unacceptable and inappropriate in the current context, as there is a serious land
conflict in which the community of Triunfo de la Cruz and its representatives are
involved […,] in addition to the polarization of interests created by the tourism
investments in Bahía de Tela, which also places the safety of the beneficiaries at
risk.”
8.
That the Commission acknowledged the efforts made by the State in
compliance with the obligations arising from the provisional measures and urged the
parties to continue with the dialogue so that such obligations may be fulfilled.