2
a) to comply strictly and immediately with the measures ordered by the Inter-American
Court to protect effectively the lives, personal integrity and freedom of movement of all
the members of the Sarayaku Indigenous People;
b) To enable the members of the Sarayaku Indigenous People to carry out their activities
and make use of the natural resources that exist in the territory where they are settled;
specifically, the State must adopt those measures tending to avoid immediate and
irreparable damage to their lives and personal integrities as a result of third parties’
activities who live near the community or who exploit the natural resources within the
community. In particular, the State must remove the explosive material placed in the
territory where the Sarayaku Indigenous People is settled, if this has not already been
done;
c) To ensure the protection and safety of the beneficiaries of these measures, without any
type of coercion or threat;
d) To ensure the freedom of movement of the members of the Sarayaku Indigenous
People, especially down the Borbonaza River;
e) To maintain the airstrip located on the land where the Sarayaku Indigenous People is
settled to ensure that this means of transport is not suspended;
f) To investigate the facts that gave rise to the adoption and maintenance of these
provisional measures, and the threats and acts of intimidation against some of the
members of the Sarayaku Indigenous People, especially Marlon Santi, in order to identify
those responsible and impose the corresponding sanctions, in keeping with the parameters
established in the American Convention;
g) To continue allowing the beneficiaries of the provisional measures or their
representatives to take part in planning and implementing these measures, so as to
identify those that are most appropriate for the protection and safety of the members of
the Sarayaku Indigenous People and, in general, to keep them informed about progress in
the adoption of the measures ordered by the Inter-American Court; and
h) To inform the neighboring indigenous communities about the meaning and scope of the
provisional measures for both the State and third parties, in order to promote a climate of
peaceful coexistence.
4.
The different reports presented by the State between June 2005 and October
2009, as well as the different observations submitted by the representatives and the
Inter-American Commission in that regard.
5.
The Order of the Presidency of the Court issued on December 18, 2009, by
which the Inter-American Commission, the State and the representatives were
convened to a public hearing, in order to obtain information on the implementation
of said provisional measures.
6.
The arguments put forward by the parties at the public hearing on the
implementation of these provisional measures, held on February 3, 2010, at the seat
of the Tribunal.1
1
To this hearing, there appeared, on behalf of the State, Ambassador of Ecuador to Costa Rica,
Mrs. Daysi Espinel de Alvarado; Mr. Rodrigo Durango Cordero, from the National Department of Human
Rights of the Attorney General’s Office; Mr. Christian Pérez, from the Ministry of Justice and Human Rights
and Major Mayor Rodrigo Braganza, Chief of the “Sarayaku Project” of the Intervention and Rescue Group
[Grupo de Intervención y Rescate (GIR)] of the National Police of Ecuador; on behalf of the
representatives of the beneficiaries: President and member of the Kichwa People of Sarayaku, Mr. Hólger
Cisneros and Mr. Marlon Santi; Attorney of the Sarayaku People, Mario Melo; Francisco Quintana and
Alejandra Vicente, from CEJIL; and on behalf of the Inter-American Commission, Advisors Karla I.
Quintana Osuna, Silvia Serrano and Lilly Ching Soto.