94. On December 4, 2002, a meeting was held in Quito with the participation of the Sarayaku, the Governor of Pastaza, PETROECUADOR, the Under-Secretariat for Environmental Protection of the Ministry of Energy and Mines, the CGC, the OPIP, Canelos, and the CGC Coordination Committee of the Government of Pastaza, during which it was demanded that the activities in Block 23 be suspended. No agreement was reached.99 95. On December 5, 2002, the environmental monitoring measures presented by the company were approved, according to the State, under the provisions of article 12 of the Regulations substituting the Environmental Regulations for Hydrocarbon Operations in Ecuador (DE 1215). 100 96. On December 12, 2002, an Agreement of Intent was signed between the Under-Secretary of the Ministry of the Interior and the representatives of the indigenous organizations. The agreement established the following: a) Seek a peaceful solution to the problem, without the intervention of the security forces; b) The communities will allow the immediate departure of the workers detained in the communities of Shaimi and Sarayaku, as a gesture of good will and willingness to dialogue; c) Given the critical situation that has arisen in Block 23, the Government undertakes to URGE the CGC to temporarily suspend the seismic survey in Block 23, so that new Government may take up the issue; d) As a sign of good will, the Ministry of the Interior will establish a high-level commission with the authorities directly responsible for oil operations, and will endeavor to hold a meeting in Puyo, in which the search for a solution to the problem of Block 23 will begin, and e) The Government will monitor CGC’s compliance with the contract […], ensuring that the company abides by the standards it has established, while respecting the regulations on prior consultation, so that the rules are clearly established for all parties.101 97. On January 7, 2003, residents of Chontayaku and the Council of Kurakas held an Assembly at which they presented a document reaffirming the unity of the Kichwa People of Sarayaku and their opposition to the entry of the oil company.102 98. On January 25, 2003, Reinaldo Alejandro Gualinga Aranda, Elvis Fernando Gualinga Malver, Marco Marcelo Gualinga Gualinga and Fabián Grefa, all members of the Sarayaku, were detained by CGC personnel and members of the Armed Forces in the Sarayaku territory “owing to the danger posed by these individuals […] because they had weapons and explosives.”103 They were subsequently flown to Chonta in a CGC helicopter, and later taken by police agents in CGC vehicles to Puyo, where they were placed in the custody of local police and released that same afternoon.104 99. Regarding these arrests, on January 28, 2003, a preliminary inquiry was opened by the Pastaza District Prosecutor and, on October 7, 2003, the First Criminal Court of Pastaza issued committal orders for Reinaldo Alejandro Gualinga Aranda, Elvis Fernando Gualinga Malver, Marco Marcelo Gualinga Gualinga, Yacu Viteri Gualinga and Fabián Grefa based on accusations of the offenses of kidnapping and aggravated robbery.105 Subsequently, the committal orders for Elvis Gualinga, Reinaldo Gualinga and Fabián Grefa were annulled and the case against them was 99 Cf. Memorandum No DINAPA-CSA-003-200. Under-Secretary for Environmental Protection (evidence file, tome 10, folio 6131). 100 Cf. Note No. 155 of December 24, 2002, Ministry of Energy and Mines, referring to Note DINAPA-CSA-808 of December 5, 2002 (evidence file, tome 8, folio 4799). 101 Cf. Agreement of Intent with the Under-Secretary of Government, December 12, 2002 (evidence file, tome 10, folios 6141-6142). 102 Cf. Minutes of the General Assembly of the “CAS – TAYJASARUTA,” of January 7, 2003 (evidence file, tome 8, folios 4828 and 4829). 103 5215). Cf. Note of March 13, 2003, signed by the Commander of the 17th Brigade of Pastaza (evidence file, tome 9, folio 104 Cf. Note of March 13, 2003, signed by the Commander of the 17th Brigade of Pastaza, and Preliminary Inquiry No. 069-2003, based on complaint filed by José Walter Hurtado Pozo for the alleged crimes of theft and kidnapping (evidence file, tome 16, folios 9091 and ff.). 105 Cf. First Criminal Court of Pastaza of October 7, 2003 (evidence file, tome 14, folios 9222 and 9223). 25