Date of publication
Oct. 8, 2015
Publishing Organization
Inter-American Commission and Court on Human Rights
Document Type
Judgement
Country
Honduras
Original Document
Protected Area Reference
Punta Izopo National Park
Relevant paragraphs, or extracts

IX. OPERATIVE PARAGRAPHS

Therefore,

THE COURT

DECLARES,

unanimously, that:

1. The State is responsible for the violation of the right to collective property, enshrined in Article 21 of the American Convention on Human Rights, in relation to Articles 1(1) and 2 of the same, in detriment of the Garífuna Community of Triunfo de la Cruz and its members, in the terms of paragraphs 99 to 182 of this judgment.

2. The State is responsible for the violation of the rights to a fair trial and judicial protection, enshrined in Articles 8(1) and 25 of the American Convention on Human Rights, in relation to Article 1(1) of the same instrument, in detriment of the Garífuna Community of Triunfo de la Cruz and its members, in the terms of paragraphs 226 to 253 of this judgment.

3. The State is responsible for the violation of the obligation to adopt domestic legal stipulations, enshrined in Article 2 of the American Convention on Human Rights, in relation to Articles 1(1), 21, 8, and 25 of that same instrument, in detriment of the Garífuna Community of Triunfo de la Cruz and its members, in the terms of paragraphs 187 to 200 of this judgment.

4. The State is not responsible for the violation of the right to life, enshrined in Article 4 of the American Convention on Human Rights, in relation to Article 1(1) of that same instrument, in detriment of Messrs. Jesús Álvarez Roche, Oscar Brega, Jorge Castillo Jiménez, and Julio Alberto Morales, in the terms of paragraphs 204 to 214 of this judgment.

AND ESTABLISHES

unanimously, that:

5. This judgment constitutes, per se, a form of reparation.

6. The State shall, within a two-year term computed as of the notification of this judgment, proceed to demarcate the lands over which collective property has been granted to the Community of Triunfo de la Cruz in full ownership and guarantee of occupation, with their full participation and taking into consideration the Community’s customary law, uses, and customs, pursuant to paragraph 259 of this judgment.

7. The State shall, within a two-year term computed as of the notification of this judgment, grant the Community of Triunfo de la Cruz a collective property title deed duly delimited and demarcated over the area designated as “Plot A1” (infra Map Annex), pursuant to paragraphs 260 to 264 of this judgment.

8. The State shall, within a reasonable period of time, start the investigations related to the death of Mr. Jesús Álvarez and Messrs. Óscar Brega, Jorge Castillo Jiménez, and Julio Alberto Morales, in order to determine the possible criminal responsibilities and, if it were the case, effectively apply the punishments and consequences established by law, pursuant to paragraphs 266 and 267 of this judgment.

9. The State shall make the publications and radio broadcast within a 6-month term, as of the notification of this judgment, in the terms of paragraphs 271 and 272 of this judgment.

10. The Court shall, within a one-year period computed as of the notification of this judgment, carry out a public ack of acknowledgment of international responsibility, pursuant to that stated in paragraph 274 of this judgment.

11. The State shall guarantee free access, use, and enjoyment of the collective property by the Community of Triunfo de la Cruz in the part of its territory that overlaps with an area of the Punta Izopo National Park, pursuant to that stated in paragraph 280 of this judgment.

12. The State shall, within a reasonable period of time, create adequate mechanisms to regulate its Property Registry system in the terms stated in paragraph 282 of this judgment.

13. The State shall create a Community development fund in favor of the members of the Garífuna Community of Triunfo de la Cruz, in the terms and periods stated in paragraphs 289 to 299 of this judgment.

14. The State shall pay the amounts set for the concept of reimbursement of costs and expenses within a one-year term, computed as of the notification of the judgment and in the terms indicated in paragraph 304 of this judgment.

15. The State shall, within a ninety-day period, reimburse the amount spent during the processing of this case to the Legal Aid Fund for Victims of the Inter-American Court of Human Rights pursuant to paragraph 308 of this judgment.

16. The State shall, within one year of notification of this judgment, provide the Court with a report on the measures adopted to comply with it.

17. The Court will monitor full compliance with this judgment, in exercise of its authority and in fulfillment of its obligations under the American Convention on Human Rights and will consider this case closed when the State has complied fully with all its provisions. Judge Humberto Antonio Sierra Porto informed the Court of his concurring opinion, which accompanies this judgment.