IACHR. On April 30, 2004 the Commission granted the State a one-month extension in which
to present its observations.
6. On June 2, 2004, the State submitted its observations, which were forwarded to the
petitioners on June 7, 2004, with a 30-day period in which to submit their considerations. On
July 2, 2004, the petitioners submitted their observations, which were transmitted to the State
on July 8, 2004 so that it could submit its observations within 30 days.
B.
Precautionary Measures
7. On March 3, 2003, Ecuadorian Inter-institutional Commission and Franco Viteri, President of
the Sarayaku Indigenous Community, requested that the Commission adopt precautionary
measures to protect the rights to life, personal integrity, due process, and private property of
the Sarayaku indigenous community, and, specifically, the life and personal integrity of
community leaders Franco Viteri, José Gualinga Santi, and Cristina Gualinga.
8. On March 7, 2003, the Commission requested information from the Ecuadorian State
regarding the application for precautionary measures. In a note received on March 13, 2003,
the Inter-American Commission was informed that, as of that date, the Center for Economic
and Social Rights (CDES) and the Center for Justice and International Law (CEJIL) would be
the petitioners’ representatives. On April 23, 2003, the State requested an extension of the
deadline for submitting information. On April 24, 2003, the petitioners reiterated their
application for precautionary measures, including additional information and describing the
situation of imminent danger of irreparable harm experienced by the Sarayaku community and
the ongoing threats against leaders Franco Viteri, José Gualinga, Francisco Santi, and Cristina
Gualinga. This information was forwarded to the State on April 25, 2003, along with a deadline
of 5 days in which to present its observations. The State did not respond.
9. On May 5, 2003, the IACHR requested that the Ecuadorian State adopt the following
precautionary measures:
1. Adopt all measures deemed necessary to ensure the life and physical, psychological,
and moral integrity of members of the Sarayaku indigenous community and particularly
of Franco Viteri, José Gualinga, Francisco Santi, Cristina Gualinga, Reinaldo Alejandro
Gualinga, and of the girls who might be subject to threats or intimidation by army
personnel or by civilians from outside the community.
2. Investigate the incidents that occurred on January 26, 2003 in the Sarayaku
Community’s Tiutilhualli Paz y Vida Camp and its consequences. Prosecute and punish
those responsible.
3. Adopt all necessary measures to protect the special relationship between the Sarayaku
Community and its territory.
4. Agree on precautionary measures, in consultation with the community and its
representatives, before the Inter-American human rights system.
10. The Commission granted the State a period of 15 days in which to inform it of the adoption
of the prescribed measures.
11. On June 2, 2003, the petitioners submitted additional information that was forwarded to
the State on June 5, 2003. On June 13, 2003, the State requested an extension of time in
which to present its observations on the information submitted by the petitioners, and this
extension was granted. On June 17, 2003, the State submitted its observations, which were
transmitted to the petitioners on June 18, 2003. On June 26, 2003, the State submitted
additional information to the Commission. On July 18, 2003, the petitioners submitted
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