2
d)
on January 13, 2003, villagers from Jatún Molino, which neighbors
Sarayaku territory, were shot at from the bank of the Bobonaza River
as they were traveling in canoes. As trees were cut down, the river,
which is the Sarayaku people’s principal communication route, was
eventually blocked, making it difficult for the Sarayaku to get from one
place to another;
e)
on January 25, 2003, within the perimeter of Sarayaku territory,
members of the Ecuadorian Army and CGC security personnel detained
indigenous leaders Elvis Fernando Gualinga, Marcelo Gualinga,
Reinaldo Gualinga and Fabián Grefa, after which they allegedly
tortured them. It is alleged that the indigenous leaders’ hands and
feet were tied with rope and their eyes blindfolded. They were thrown
on the ground and forced to remain in that position for an hour.
Fabián Grefa was forced to kneel alongside a rifle, whereupon they
took photographs of him, apparently with the idea of accusing him of
illegal possession of weapons.
Later, Army agents put the four
indigenous leaders aboard a CGC helicopter, flew them to a CGC base
and handed them over to CGC security personnel, who also tortured
the indigenous leaders. The four were then taken to Police facilities
until the Sarayaku leaders managed to negotiate their release;
f)
on January 26, 2003, members of Ecuador’s armed forces, wielding
firearms, allegedly attacked the Peace and Life Camp at Tiutihualli,
which is within Sarayaku territory. They are also alleged to have
attacked the Peace and Life Camp at Panduro. Approximately 60
indigenous people from the community were there at the time, among
them women, children and elderly people who kept watch so that the
CGC workers would not enter their territory. When this happened, the
Sarayaku scattered into the rainforest, where they stayed for a week,
too afraid to return, and living off of what they could gather from the
rainforest. In that period, some members of the community were
reportedly abducted by CGC personnel and reappeared in March 2003;
g)
on January 29, 2003, Marisela Yuri Gualinga-Santi and Tatiana
Gualinga-Dacha, both 12 years of age, were stopped by an Ecuadorian
Army patrol, along with workers from the CGC. They were questioned
about why they were there and threatened by the CGC workers. The
petitioners alleged that before the two girls were released, they were
sexually molested;
h)
on May 5, 2003, the Commission asked Ecuador to adopt
precautionary measures on behalf of the Kichwa indigenous
community of Sarayaku. It also requested that Ecuador adopt all
measures it deemed pertinent to protect the life and physical, mental
and moral integrity of the members of the indigenous community of
Sarayaku, especially Franco Viteri, José Gualinga, Francisco Santi,
Cristina Gualinga, Reinaldo Alejandro Gualinga and the two girls whom
Army personnel or civilians having no ties to the community might
threaten or intimidate; investigate the events that occurred on January
26, 2003, at the Sarayaku Community’s Peace and Life Camp at
Tiutilhualli and the aftermath of those events; prosecute and punish
those responsible; take the necessary measures to protect the special
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