Consequently, they asked the Court to order the State to adopt various measures of reparation,
including the payment of costs and expenses.
7.
Also, on that occasion, the representatives requested access to the Victims’ Legal Assistance
Fund (hereinafter “Legal Assistance Fund”) “to cover some specific costs related to the production of
evidence during the processing of this case before the Court,” which they specified, and
subsequently presented evidence to prove the presumed victims lack of financial resources to cover
those costs.
8.
In an Order of March 3, 2011, the President of the Court (hereinafter “the President”)
declared admissible the request submitted by the presumed victims, through their representatives,
to access the Victim’s Legal Assistance Fund (supra para. 7), and approved the necessary financial
assistance for the presentation of up to four statements.
9.
On March 12, 2011, the State submitted to the Court its brief filing a preliminary objection,
answering the application, and with observations on the pleadings and motions brief (hereinafter
“answer to the application”). In this brief, the State filed a preliminary objection on failure to
exhaust domestic remedies. The State appointed Erick Roberts Garcés, Rodrigo Durango Cordero
and Alfonso Fonseca Garcés as Agents.
10.
On May 18 and 19, 2011, the Inter-American Commission and the representatives,
respectively, submitted their observations on the preliminary objection filed by the State and asked
the Court to reject it.
11.
On June 17, 2011, the President of the Court issued an Order,8 in which he ordered that the
testimony of 12 presumed victims proposed by the representatives, one witness proposed by the
State, and six expert witnesses proposed by the representatives be received by affidavit. In this
Order, the President also convened the parties to a public hearing and made a ruling on the Legal
Assistance Fund.
12.
The public hearing on the preliminary objection and eventual merits and reparations was held
at the seat of the Court on June 6 and 7, 2011, during it ninety-first regular session.9 During the
hearing, testimonies were received from four members of the Sarayaku People, two witnesses
proposed by the State, one expert witness proposed by the Commission and one expert witness
proposed by the representatives, as well as the final oral arguments of the representatives and the
State, and the final oral observations of the Commission.
13.
In addition, the Court received amicus curiae briefs from: (1) the International Human Rights
Clinic of Seattle University Law School;10 (2) the Legal Clinic at the Universidad de San Francisco,
Quito;11 (3) the Human Rights Center at the Pontificia Universidad Católica de Ecuador;12 (4)
Amnesty International;13 (5) the “Regional Alliance for Freedom of Expression and Information”;14
8
Cf. Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Order of the President of the Inter-American Court
of June 17. 2011. Available at: http://www.corteidh.or.cr/docs/asuntos/Sarayaku_17_6_11.pdf
9
The following were present at the hearing: (a) for the Inter-American Commission: Luz Patricia Mejía, Commissioner,
and Karla Quintana Osuna, adviser; (b) for the representatives: José María Gualinga Montalvo, Sarayaku President, Mario
Melo, lawyer, and Viviana Kristicevic and Gisela of León, of CEJIL; and for the State: Erick Roberts Garcés, Agent, Alonso
Fonseca Garcés, Alternate Agent and Dolores Miño Buitrón, María del Cisne Ojeda and Colonel Rodrigo Braganza, advisers.
Also present at the hearing were the following members of the Sarayaku People: Eriberto Benedicto Gualinga Montalvo,
Franco Tulio Viteri Gualinga, Hernán Malaver, Jorge Malaver, Sandra Gualinga, Bolivar Luis Dahua Imunda, Sabine Bouchat,
Catalina Santi Gualinga, Carlos Wilfrido Carrasco Castro, Clever Francisco Sando Mitiap, Carlos Santiago Mazabanda Calles
and Cristina Corina Gualinga Cuji.
10
Brief submitted by Thomas Antkowiak and Alejandra Gonza on April 29, 2011.
11
Brief submitted by Marcel Jaramillo and Elizabeth Rodríguez on June 30, 2011.
12
Brief submitted by David Cordero Heredia, Coordinator of the Center for Human Rights, Harold Burbano, Legal
Adviser, and Mónica Vera, Legal Adviser, on July 5, 2011.
13
Submitted by Susan Lee, Director for America, on July 14, 2011.
14
Brief submitted by Karina Banfi, Executive Secretary on July 19, 2011. Also endorsed by Manfredo Marroquín,
Executive Director of Acción Ciudadana of Guatemala; Nery Mabel Reyes, President of the Journalists’ Association of El
6