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bond between the Sarayaku Community and its territory; and, in
consultation with the community and its representatives vis-à-vis the
inter-American system for the protection of human rights, agree upon
precautionary measures;
i)
when it requested the precautionary measures on May 5, 2003, the
Commission gave the State a 15-day period in which to report on the
measures adopted. On June 17, 2003, Ecuador reported that it had
sent a number of communications to the appropriate authorities with
instructions to comply with the precautionary measures, and that the
armed forces were investigating the events that occurred on January
26, 2003;
j)
on July 18, 2003, the petitioners reported that the State was not
complying with the precautionary measures; the memorandums sent
to various authorities were all that had been done. They also reported
that no one had contacted the leaders of the community to determine
what type of protection the persons named in the order for
precautionary measures would receive. In that same submission, the
petitioners also stated that navigation on the Bobonaza River had been
stopped, which meant that the Sarayaku people were unable to get to
their own territory or to have contact with other villages;
k)
on August 5, 2003, the State sent the Commission a copy of a
memorandum signed by the Deputy Secretary of Defense, in which he
reported that as the oil exploration and drilling work was getting
underway in the zone, the Sarayaku people had threatened
neighboring communities and that Amazonas’ IV Command had
allegedly launched a security operation to prevent “criminal activity”
on the part of the indigenous peoples. The memorandum reported
that on January 25, 2003, a patrol doing reconnaissance in the area
“was taken by surprise by a band of 30 armed indigenous people.”
The military personnel were stripped of their weapons. The note
added the following: “the complaint that they [the petitioners] have
filed with the Inter-American Commission on Human Rights is not true;
these things, like the military attack on the ‘TIUTIHUALLI PEACE AND
LIFE CAMP’, which never happened, are “the comuneros’
exaggerations”;
l)
on September 27, 2003, the State submitted information on
implementation of the measures and attached a memorandum from
the Attorney General which read as follows:
[t]he report prepared by the police reveals that arrest warrants had
been issued for certain members of the Sarayaku Community because
of complaints filed by the CGC Oil Company alleging acts of vandalism
committed by the comuneros. The Ecuadorian State, through the
Office of the Attorney General, has had to do a thorough investigation
of the information received –information the petitioners did not reportso that the protection afforded by the Inter-American Commission
would not become a vehicle that the above-named persons could used
to circumvent their appearance in domestic courts to answer the
charges filed.
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