ORDER OF THE PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JANUARY 20, 2012
CASE OF THE KICHWA INDIGENOUS PEOPLE
OF SARAYAKU v. ECUADOR
HAVING SEEN:
1.
The application brief presented by the Inter-American Commission on Human Rights
(hereinafter “the Inter-American Commission” or “the Commission”) against the Republic of
Ecuador (hereinafter “the State” or “Ecuador”) on April 26, 2010, and its annexes received on
May 17 that year.
2.
The brief with pleadings, motions and evidence (hereinafter “pleadings and motions
brief”) presented by the representatives of the alleged victims 1 (hereinafter “the
representatives”) on September 10, 2010, and its annexes received on September 29 and
October 7 and 22, 2011.
3.
The brief filing a preliminary objection, answering the application, and with observations
on the pleadings and motions brief, presented by the State of Ecuador (hereinafter “the State”
or “Ecuador”) on March 12, 2011, and its annexes received on April 4, 2011.
4.
The order of the President of the Court (hereinafter “the President”) of June 17, 2011, in
which he convened a public hearing and required specific testimonial and expert evidence.
5.
The public hearing on a preliminary objection and eventual merits and reparations held
on July 6 and 7, 2011, at the seat of the Court. 2 During the hearing, the State asked the Court
to “require an expert appraisal” concerning the removal of explosive materials from the
Sarayaku territory and invited the Court to make a “field visit” to the Río Bobonaza
Communities, which include the Kichwa People of Sarayaku.
6.
The brief of July 18, 2011, in which the representatives contested the said request to
require an expert appraisal made by the State during the hearing.
1
The alleged victims in this case appointed the following lawyers as their representatives: Mario Melo, Sarayaku
lawyer, and Viviana Kristicevic, Ariela Peralta, Alejandra Vicente, Tara Melish and Francisco Quintana, of the Center for
Justice and International Law (CEJIL).
2
There appeared: for the Inter-American Commission: Luz Patricia Mejía, Commissioner, and Karla I. Quintana
Osuna, adviser; for the representatives of the alleged victims: José María Gualinga Montalvo and Mario Melo, and
Viviana Kristicevic and Gisela de León of CEJIL; and for the State del Ecuador: Erick Roberts Garcés, Agent, Alonso
Fonseca Garcés, Deputy Agent, Dolores Miño Buitrón, María del Cisne Ojeda and Colonel Rodrigo Braganza, advisers.
The following members of the Kichwa Indigenous People of Sarayaku were also present: 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 Fransisco Sando Mitiap, Carlos
Santiago Mazabanda Calles and Cristina Corina Gualinga Cuji.