I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 1. On April 26, 2010, the Inter-American Commission on Human Rights (hereinafter “the InterAmerican Commission” or “the Commission”) submitted to the Court, under the provisions of Articles 51 and 61 of the Convention, an application against the Republic of Ecuador (hereinafter “the State” or “Ecuador”) in relation to case No. 12,465. The initial petition was lodged before the Commission on December 19, 2003, by the Association of the Kichwa People of Sarayaku (Tayjasaruta), the Centro de Derechos Económicos y Sociales (hereinafter “CDES”) and the Center for Justice and International Law (hereinafter “CEJIL”). On October 13, 2004, the Commission approved Admissibility Report No. 62/04,2 declaring the case admissible. On December 18, 2009, the Commission approved Report on Merits No. 138/09,3 under Article 50 of the Convention. The Commission appointed Luz Patricia Mejía, Commissioner, and Santiago A. Canton, Executive Secretary, as Delegates, and Elizabeth Abi-Mershed, Deputy Executive Secretary, and Isabel Madariaga and Karla I. Quintana Osuna, lawyers, as legal advisers. 2. According to the Commission, this case concerns, among other matters, the granting by the State of a permit to a private oil company to carry out oil exploration and exploitation activities in the territory of the Kichwa Indigenous People of Sarayaku (hereinafter “the Sarayaku People” or “the People” or “Sarayaku”) in the 1990s, without previously consulting them and without obtaining their consent. Thus, the company began the exploration phase, and even introduced high-powered explosives in several places on indigenous territory, thereby creating an alleged situation of risk for the population because, for a time, this prevented them from seeking means of subsistence and limited their rights to freedom of movement and to cultural expression. In addition, this case relates to the alleged lack of judicial protection and the failure to observe judicial guarantees. 3. Based on the foregoing, the Commission asked the Court to declare the international responsibility of the State for the violation of: 2 In this report, the Commission rejected the objection of failure to exhaust domestic remedies filed by the State, and concluded that it was competent to examine the claims submitted by the petitioners regarding the alleged violation of Articles 4, 5, 7, 8, 12, 13, 16, 19, 21, 22, 23, 24, 25 and 26, in relation to Articles 1(1) and 2 of the American Convention, and that the petition was admissible in accordance with the requirements established in Articles 46 and 47 of the American Convention. Cf. Admissibility Report 62/04, evidence file, tome 1, folios 71 to 90. 3 In the Report on Merits, the Commission concluded that the State was responsible for the violation of the rights recognized in the following provisions: Article 21, in relation to Articles 13, 23 and 1(1) of the American Convention, to the detriment of members of the Kichwa Indigenous People of Sarayaku; of Articles 4, 22, 8 and 25, in relation to Article 1(1) of the American Convention, to the detriment of the Kichwa People of Sarayaku; Article 5 in relation to Article 1(1) of the American Convention, to the detriment of Hilda Santi Gualinga, Silvio David Malver Santi, Laureano Gualinga, Edgar Gualinga Machoa, José Luis Gualinga Vargas, Victoria Santi Malaver, Marco Gualinga, Héctor Santi Manya, Marco Santi Vargas, Alonso Isidro Gualinga Machoa, Heriberto Gualinga Santi, Jorge Santi Guerra, Aura Cuji Gualinga, María Angélica Santi Gualinga, Clotilde Gualinga, Emerson Alejandro Shiguango Manya, Romel F. Cisneros Dahua, Jimy Leopoldo Santi Gualinga, Franco Tulio Viteri Gualinga and Cesar Santi, all members of the Sarayaku People. In addition, the Commission considered that the State was responsible for the failure to comply with the provisions of Article 2 of the American Convention. Finally, the Commission stated that it did not have sufficient probative elements to rule on the alleged violation of Articles 7, 12, 16, 19, 24 and 26 of the American Convention, or of Article 13 of the Protocol of San Salvador. In its report, the Commission made the following recommendations to the State: (1) adopt the necessary measures to guarantee and protect the right to property of the Kichwa Indigenous People of Sarayaku and its members, with regard to their ancestral territory, respecting their special relationship with their territory; (2) guarantee the members of the Kichwa People of Sarayaku the right to carry out their traditional subsistence activities, removing the explosive material placed on their territory; (3) ensure the meaningful and effective participation of indigenous representatives in decision-making processes related to development and other issues that affect them and their cultural survival; (4) adopt, with the participation of the indigenous peoples, the necessary legislative or other measures to implement effectively the right to prior, free, informed consultation in good faith, in accordance with international human rights standards; (5) make reparation to both individuals and the community for the consequences of the violation of the rights indicated; (6) adopt the necessary measures to prevent similar events from occurring in the future, in accordance with the obligation to protect and guarantee fundamental rights recognized in the American Convention. Cf. Report on Merits 138/09, evidence file, tome 1, folios 3 to 69. 4