d)
The two girls remained in that community, and pursuant to the information
that was presented before the Commission, the first few weeks were very difficult for
them. In fact, a psychologist that visited the girls in the month of September 2013
reported that the older girl showed symptoms of “post-traumatic stress,” such as
“withholding of emotions, an emotionless expression, lack of responsiveness to her
environment, anhedonia, apathy, avoidance, failure to seek refuge from her caregiver,
fear of physical contact, repetitive hand movements, silence (does not respond to the
questions made by her caregiver, does not speak to anyone), hypervigilence,
vegetative hyperactivity (respitory frequency 28/minute, cold skin, pilomotor reflex
upon contact, muscular contraction)”12.
e)
On November 26, 2013, members of the Police and the Prosecutor’s Office
carried out an operation and entered the community where the two girls were staying.
They entered the older girl’s school and they took her in a helicopter to a nearby
hospital in the area.
9.
It is important to note that in general terms this was all the information the InterAmerican Commission had at the time it presented the request for provisional measures,
because despite having requested specific information regarding the girls from the State
several times (supra Having Seen clause 3), the State did not provide this information. As
such, the Commission stated before the Court that “given the State’s lack of response to
the Commission’s requests, it did not have more details regarding the situation that the
girls underwent under control of the Waoroni peoples, and in the case of the younger girl,
the state in which she lives in custody of the Waoroni peoples.” In this regard, the
Commission expressed its concern that it did not have information on: i) “the current
situation of the two girls, or an explanation of the effectiveness of the mechanism adopted
by the State to address the specific situation” of the girls, and ii) “the situation of the older
Taromenane girl who was removed from school in the operation of November 26, 2013, or
of the younger Taromenane girl, approximately two years old, who is currently in custody of
the Waorani peoples and separated from her sister.”
10. After the request for provisional measures was made, the State reported the following
to the Court:
A. Background and general state of the two girls:
i) The State created the “Commission for the Investigation on Existing Disputes
between the Huarani and Taromenane Indigenous Peoples.” 13 This Commission has
concluded:
a) “the impossibility that the two girls be returned to their family group,” taking
into account “the scale of temporal adaptation of ten months of separation from
their family clan; that the “girls have been immunized and returning them to
their group of origin may imply threat of death for all the members, because the
girls may be carriers of multiple diseases, and that “the girls do not have the
ability to orient themselves in the jungle where they were separated from their
family.”
b) “the Waorani peoples are the only ones who can guarantee that the cultural
rights and identity of the girls are protected.”
12
State brief of January 25, 2014 (case file on provisional measures, tome II, folio 399).
13
Decree issued by President Rafael Correa on July 20, 2013 (case file on provisional measures, tome II,
folio 419).
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