additional information that was forwarded to the State on August 6, 2003. On September 24
and 30, 2003, the State submitted sets of additional information on the adoption of
precautionary measures, which were forwarded to the petitioners on October 7 and 8, 2003,
respectively.
12. A hearing was held on October 16, 2003 during the 118 th regular period of sessions of the
IACHR, which was attended by the parties. On that occasion, the petitioners requested that the
precautionary measures be extended.
13. On December 17, 2003, the Commission informed the State that the precautionary
measures would be extended for six months and requested that it submit information on their
implementation within 15 days. On January 12, 2003, the State requested an extension of the
time in which to submit the information requested, and a 15-day extension was granted.
14. On March 3, 2004, during the 119th regular period of sessions, a working meeting was
held which the State failed to attend, despite having been duly notified.
C.
Provisional Measures
15. On April 8, 2004, the petitioners submitted additional information and asked the
Commission to request provisional measures from the Inter-American Court of Human Rights.
On the same date, the Commission forwarded to the State the pertinent portions of the
request, asking that the State submit information within 5 days. On April 23, 2004, the State
requested a one-month extension, which was granted.
16. On April 29, 2004, the petitioners reiterated their request for provisional measures on
behalf of the Sarayaku indigenous community and the adoption of precautionary measures in
favor of José Serrano Salgado, legal representative of the Sarayaku community. On April 30,
2004, the Commission requested that the State extend the precautionary measures in favor of
José Serrano Salgado and the members of the Center for Economic and Social Rights (CDES)
and that it provide information regarding their implementation within 15 days. The State
submitted its response on May 28, 2004, which was forwarded to the petitioners on June 8,
2004. The petitioners presented their observations concerning the State’s response on June 9,
2004.
17. On June 15, 2004, the IACHR submitted for the consideration of the Inter-American Court
an application for the adoption of provisional measures in favor of the Kichwa indigenous
people of the Sarayaku community and its members, in accordance with Articles 63(2) of the
Convention and 25 of the Rules of Procedure of the Court.
18. On July 6, 2004, the Inter-American Court ordered provisional measures and resolved to
require the Ecuadorian State to adopt, without delay, all measures necessary to protect the life
and personal integrity of the members of the Kichwa indigenous peoples of Sarayaku and
those defending them in the required procedures before the authorities, to guarantee the right
to freedom of movement of the members of the Sarayaku community, and to investigate the
events giving rise to the adoption of provisional measures, so as to identify those responsible
and impose corresponding sanctions.1
III.
POSITIONS OF THE PARTIES
A.
Position of the petitioners
1 Inter-American Court of Human Rights, Case of the Sarayaku Indigenous Community. Provisional Measures, July 6,
2004.
3