6
the May 5, 2003 request for precautionary measures: Messrs. Franco
Viteri, José Gualinga, Elvis Fernando Gualinga-Malavar, Fabian Grefa
and Marcelo Gualinga. The State indicated that the Pastaza police had
interviewed leaders of the indigenous people to coordinate those
measures. The only statement Ecuador made regarding the request
that the necessary measures be taken to ensure the life and physical,
mental and moral integrity of all members of the indigenous people
was that the topography of the territory “makes it difficult to fully
comply with the precautionary measures; compounding the difficulty is
the fact that there is no police station for the police assigned to
provide the needed protection and security.” The State explained
further that “all the complaints that representatives of the CGC oil
company filed against members of the Community have been
investigated,” adding that “the Second Criminal Law Judge of Pastaza
dismissed, once and for all, criminal case No. 52-2003 against the
Sarayaku leaders”;
t)
on June 9, 2004, the petitioners stated that it was untrue that the
State was taking steps to comply with the precautionary measures
requested by the Commission; they went on to say that quite the
contrary, “the measures taken were for the purpose of keeping the
Sarayaku leaders’ activities under surveillance, intimidating them, and
continuing the pressure on the Community to allow the oil people into
their territory.” The petitioners added that the State has not taken
any steps to protect the lives and personal safety of the members and
leaders of the Sarayaku community and their attorneys; and
u)
the explosives being detonated have destroyed forests, water sources,
caves, underground rivers and sacred sites, and have driven animals
away. The explosives planted in the traditional hunting areas have
thus made it more difficult for the indigenous people to find food,
thereby affecting their ability to secure the means to ensure the
members’ subsistence and altering their life cycle. All this has been
detrimental to the Sarayaku indigenous people’s right to use and enjoy
their ancestral territory.
3.
The Commission’s observations to the effect that when taken together, the
facts alleged constitute a situation of extreme gravity and urgency that could result
in irreparable harm to the members of the Kichwa indigenous community of
Sarayaku and its defenders, which justifies the Court’s ordering of provisional
measures under Article 63(2) of the Convention. The Commission stated further that
Ecuador had not complied with the precautionary measures that the Commission had
ordered in this case.
In light of the foregoing, the Commission requested that the Court call upon Ecuador
to:
[…] adopt without delay whatever measures are needed to:
1.
[p]rotect the life and the integrity of the person of the members of the
indigenous community of Sarayaku and their defenders[;]
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