detriment of the beneficiaries of the precautionary measures, by members of the
Waorani indigenous peoples, the two girls, sisters, apparently members of the
Taromenane peoples, were held within the Petroleum Block 16, under the control of the
members of the Waorani indigenous peoples, and pursuant to the abovementioned, their
parents and members of their community were murdered,” and
iii) on November 26, 2013, members of the Police and Prosecutor’s Office carried out an
operation, wherein “hooded personnel went to the school of the older of the two
Taromenane girls and removed her from the school premises using force.” After this, the
older girl was taken to a hospital and the younger girl remained in the Waorani
community.
3.
To date, the steps taken by the Commission in regard to the situation of the two girls,
have been the following:
i) “on April 18, 2013, the Commission requested information from the State on the
alleged massacre[, and] added a specific request about the situation of the two girls”;
ii) “[o]n April 24, 2013, the State provided an answer to the request for information,
reiterating information of a general nature on the measures adopted in the framework of
the precautionary measures”;
iii) “[o]n April 30, 2013, members of the Inter-American Commission held a meeting
with the State of Ecuador”;
iv) on “May 28, 2013, the petitioners filed more information” on the situation of the two
girls;
v) “on August 21, 2013, the Commission once again requested information adding an
express requirement about the girls”;
vi) the Commission noted that “[o]n September 11, 2013, the State of Ecuador provided
a communication wherein it ignored for the first time in this process the nature of the
precautionary measures and expressly noted that it would not provide an answer”;
vii) “[o]n October 25, 2013, the Commission reiterated the precautionary measures
91/06 that are in force and once again required the State to present the information
requested on August 21, 2013, which included a request as to the situation of the girls,”
and
viii) the Commission reported that “the State of Ecuador has not provided an answer to
this communication […] and, as such, does not have information on the situation of the
two girls, members of the Taromenane indigenous peoples in voluntary isolation.”
4.
The arguments of the Commission that formed the basis of the request for
provisional measures are, inter alia, the following:
i) “as of that date until today, the older and younger girl remain separated from their
family, from their peoples and without the possibility of being reunited. Both girls are in
distinct circumstances, exposed to a situation of extreme gravity, urgency and risk of
irreparable harm”;
ii) “both girls were left exposed to multiple diseases and infections while under the
control of an indigenous peoples that is not there own, with cultural, social, nutritional,
and in general life patterns, that are distinct from those they have known all their lives”;
iii) “both alleged beneficiaries face an extreme risk of irreparable harm to their rights to
mental, moral, and cultural integrity, and to their right to identity and to a family,”
iv) “[b]oth girls face a situation of forced contact, and there is no knowledge of any
State measures to carry out, with extraordinary care, a serious and culturally
appropriate determination of the best interest of the alleged beneficiaries, not only in
what entails their safety […] but also in regard to their family, community, and cultural
identity.”
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