law, he decided to admit the complaint partially, and decided that the Minister of Energy and Mines and Chairman of the Board of PETROECUADOR and also the CGC legal representative had violated inter alia, Articles 84(5) and 88 of the Ecuadorian Constitution, ILO Convention No. 169, and Principle 10 of the Rio Declaration on Environment and Development. He also declared the Minister of Energy and Mines and Chairman of PETROECUADOR and the CGC legal representative responsible for these violations.116 104. Regarding the impact on the Sarayaku territory, it was alleged, and the State did not contest, that in July 2003 the CGC had destroyed at least one site of special significance for the spiritual life of members of the Sarayaku People on the land of Yachak Cesar Vargas.117 The facts were recorded by the First Notary of Puyo as follows: […] At the place known as PINGULLU, a tree whose name is LISPUNGU, of approximately twenty meters in length and one meter in width was destroyed. […] In the evening […], we interviewed the elderly Shaman Cesar Vargas […] who stated […]: That oil company employees had entered his sacred forest in PINGULLU and had destroyed all the trees that existed there, particularly, the great tree of Lispungu, which has left him without the powers to obtain his medicine to cure the ailments of his children and relatives […]. 105. Similarly, the State has not contested the fact the company laid down seismic lines,118 set up seven heliports,119 destroyed caves, water sources and underground rivers needed to provide drinking water for the community;120 and cut down trees and plants of great environmental and cultural value, and used for subsistence food by the Sarayaku.121 In addition, the State has not contested the fact that landings by helicopters destroyed part of the so-called Wichu kachi Mountain, or “place of parrots,” a site of great significance in the worldview of the Sarayaku People.122 The oil company’s activities led to the sporadic suspension of the Sarayaku People’s ancestral cultural rites and ceremonies, such as the Uyantsa, the most important festival held every February,123 and the seismic line passed near sacred sites used for ceremonies initiating young people into adulthood. 106. For its part, after visiting the Sarayaku People on May 8, 2003, the Human Rights Committee of the Congress of the Republic issued a report in which it concluded that “[t]he State, through the 116 Cf. Decision of the Ombudsman’s Office of the province of Pastaza dated April 10, 2003 (evidence file, tome 8, folios 4831 and ff.) 117 Cf. First Notary’s Office of the canton of Pastaza, Andrés Chacha Gualoto, Notarial Certification of July 20, 2003 (evidence file, tome 9, folio 5225). 118 Cf. Maps provided as attachments to the pleadings and motions brief (evidence file, tome 12, folio 7297, and annex 124, document in electronic format). 119 Cf. Affidavit prepared by Gloria Berta Gualinga Vargas on June 27, 2011 (evidence file, tome 19, folio 10037). See also Report on the Visit to the Community of Sarayaku, to investigate Complaint by the OPIP […] against the Compañía General de Combustibles. Human Rights Committee, Congress of the Republic of Ecuador, of May 8 2003 (evidence file, tome 10, folio 6155); Press release of the Kichwa Association of Sarayaku of January 17, 2003 (evidence file, tome 10, folio 6396); Report of the Ecuadorian Ministry of Energy and Mines of March 7, 2006, annex 48, tome 10, folio 6398; Community selfevaluation of the impacts suffered by the Kichwa People of Sarayaku due to the entry of the CGC oil company on their territory” (evidence file, tome 11, folio 6588). 120 Cf. Roberto Narváez. Social study “Afectaciones a la Calidad of Vida, Seguridad y Soberanía Alimentaria en Sarayaku”, Quito 2010 (evidence file, tome 11, folio 6757). 121 Cf. Roberto Narváez. Social study “Afectaciones a la Calidad of Vida, Seguridad y Soberanía Alimentaria en Sarayaku” folio 6759. See also expert opinion provided by Anthropologist Rodrigo Villagra to the Court during the public hearing held on July 7, 2011; testimony rendered by Sabino Gualinga before the Court during the public hearing held on July 6, 2011; testimony rendered by Marlon René Santi Gualinga before the Court during the public hearing held on July 6, 2011. 122 In particular, César Santi stated that ‘‘[t]wo months ago the company passed through here with a seismic line and now there are no birds, the owner left, the Amazanga, because when the owner goes all the animals leave. […] As the helicopters have been stopped from coming, if we leave things quiet for a good while, perhaps the animals will return.’’ FLACSO, “Sarayacu: el Pueblo del Cénit,” folio 6721. 123 The festival activities serve to renew the ties with the land and social bonds. People return to the recreational areas (purinas) and hunting areas, reinforcing the fact that these areas belong to the territory. Also, according to the members of the Community, the Sarayaku festival is characterized by the intervention of all the Kurakas, as well as the authorities and leaders, and the yachaks who visit the houses of the festival to order and transmit peace and respect, so that conflicts do not occur (FLACSO, “Sarayacu: el Pueblo del Cénit,” evidence file, folios 6672 to 6676). See also statements of Simón Gualinga and Jorge Malaver in the Community Self-evaluation of the impacts suffered by the Kichwa People of Sarayaku due to the entry of the CGC oil company on their territory” (evidence file, tome 11, folio 6588). 27