c) “[i]t is desirable that the girls be reunited as soon as possible in one single
community, the most appropriate being Bameno.”
d) “[i]n order to reunite the two girls, it is recommended that a negotiation
process be carried out with the Waorani who have custody of the [younger girl].”
ii)
“[T]he girls were admitted into the National System for the Protection and
Assistance to Victims, Witnesses, and other Participants in Criminal Proceedings of
the General Prosecutor’s Office of the State […], wherein coordination took place with
the Waorani people in order to allow for entry into their territory and plan protection
strategies to prevent adverse reactions to the [alleged] victims.” In the framework of
this system, the State expressed that the following measures, inter alia, have been
implemented and agreed upon:
a) “[t]he Provincial Coordination of the System for the Protection of Victims and
Witnesses of Orellana in close relationship with the prosecutor’s office in charge
of the case, establishes all of the necessary measures to guarantee that the
relationship between the Health System and the girls in a state of special
protection is continually provided by way of Comprehensive Health Care Team
(EAIS for its acronym in Spanish), who will also limit entry, visits, and exit of
multiple persons.”
b) “[t]he visits by the system will be carried out under specific health care and
registry protocols in order to guarantee that the girls are not revictimized.”
c) “[t]he Ministry of Health must inform the Prosecutor’s Office in charge of the
investigation and coordination of provincial victims about the health of the girls in
a permanent manner at least once every 15 days.”
iii)
“The Ministry of Public Health ordered that its personnel go to the area where
the girls are living, that is, the Waorani communities of Dikaro and Yarentaro, and will
be in charge of permanently monitoring the physical and psychological state of the
girls.” The State presented a report issued by the Ministry of Health, which stated
that the following measures had been implemented:
a) “in the framework of the PLAN FOR THE IMPLEMENTATION OF
PRECUATIONARY MEASURES IN FAVOR OF THE TAROMENANI AND TAGAERI
PEOPLES, a multidisciplinary health care team was formed by: Doctor,
Anthropologist, Nurse, Psychologist, Technician in Primary Health Care (of
Waorani Nationality and Translators of Waorani Nationality), in order to
successfully coordinate a visit to see the girls and establish their physical
presence and proceed pursuant to established norms.”14
b) “[a]pply the services to the reality lived by the population of the
communities of Dicaro and Bameno, and as such of the girls […]: for example,
systematic accompaniment of psychological care and the wellbeing of the girls in
order to monitor their adaptation process and inclusion in the community, as well
as accompany if adverse effects take place due to the intervention, health care
with an emphasis in promotion and prevention, care throughout life cycles with
individual, family, community, and intercultural approaches, (use of family
records), implementation of aspects of ethnomedicine.” 15
c)
“[s]ince the arrival of the [older] girl to the Bameno community (November
29, 2013), there have been 5 visits by the Ministry of Public Health to the
14
Report on the health of the Taromenane girls of January 22, 2014 (case file on provisional measures,
tome II, folio 489).
15
Report on the health of the Taromenane girls of January 22, 2014 (case file on provisional measures,
tome II, folio 490).
7