Waorani family nucleus of Dikaro] with her sister.” The traditional Dikaro chief “had
promised to peacefully return the [younger] girl and that has not happened.”
“Currently, the General Prosecutor’s Office of the State is exhausting all negotiation
attempts with the Dikaro indigenous leaders in order to succeed with this objective.”
“At the moment, no other police operation has been ordered where [the younger girl]
resides.”
v)
Regarding the alleged risk to the life and personal integrity of both girls due
to the possible violence in the area, pursuant to the Report of the General
Prosecutor’s Office of the State, “the state of foster care and peace in which the
[older]girl lives in the village of Bameno was verified and optimal conditions exist that
assure the life and personal integrity of the girl.” “The General Prosecutor’s Office of
the State and Ome Gompote (Waorani Association of the Cononaco Yasuni) designed
and implemented a Specific Protocol for the Protection of life, integrity, and other
rights of the girls and the indigenous population of Bameno. The principle objective of
this Protocol is to establish an idea as to custody and actions to be taken regarding
possible incursions of other indigenous groups to this area.”
vi)
Regarding the alleged risk to life and integrity derived from the risk to health
given the state of voluntary isolation, the Ministry of Public Health has informed that
the prior work that has been carried out from knowledge of the girls potential
vulnerability “has generated a sense of trust in the families that are close to the girls,
which has allowed for the application of vaccinations, assessment and permanent
monitoring of their health.” In the older girl’s case “her integration increases more
and more each day, and the linguistic difficulties are not so great that communication
is affected.” The State attached various records and reports about visits to see the
girls and actions adopted in relation to their health.”18
vii)
Given the alleged irreparable harm to the girls’ mental, moral, and cultural
integrity, identity, and family derived from the traumatic effects of the death of their
parents and members of their village, the Ministry of Justice, Human Rights, and
Religious Affairs reported that on February 17, 2014, the younger girl “was under the
care of the Omeway Oguinea Waorani family, a family with several children of a
similar age; the mother of these minors is Mrs. Obe Oguinea, 55 years old, who
provides direct care” to the younger girl. In regard to the older girl, “she is cared for
by a Waorani family named Bahigua Miippo where she is surrounded by other children
18
Report on actions taken by the Ministry of Public Health regarding the two presumably Taromenane girls
taken from the Yarentaro community on April 26, (case file on provisional measures, tome II, folios 466 to 471);
Report on the actions taken by the Ministry of Public Health to guarantee the health of the two presumably
Taromenane girls taken from the Waorani community of Yarentaro and Dicaro of August 7, 2013 (case file on
provisional measures, tome II, folios 472 to 480); Report on the health of the presumably Taromenane [older
and younger] girls of January 22, 2014; Report of the medical visit to the Dicaro and Yarentaro communities of
Waorani nationalities of April 4, 2013 (case file on provisional measures, tome II, folios 504 to 507); Report on
the medical visit to the Yarentaro Waorani community on April 6, 2013 (case file on provisional measures, tome
II, folios 508 and 509); Visit by the medical team of the Ministry of Public Health to the Yarentaro community of
Waorani nationality on April 28 and 28, 2013 (case file on provisional measures, tome II, folios 512 to 514);
Monitoring of the health of the two girls on May 8 and 11, 2013 (case file on provisional measures, tome 2, folios
515 to 517); Monitoring of the health of the two girls, May 18 and 26, 2013 (case file on provisional measures,
tome II, folios 518 to 520); Monitoring of the health of the two girls of June 3 and 15, 2013 (case file on
provisional measures, tome II, folios 524 to 526); Monitoring of the health of the younger girl on July 11, 2013
(case file on provisional measures, tome II, folios 527 and 528); Monitoring of the health of the two girls, issued
on July 22 and 23, June 15, August 21, September 9, 19 and 23, October 7 and 19, November 1, 13 and 17 2013
(case file on provisional measures, tome 2, folios 559 to 562); Monitoring of the health of the two girls, December
25 and 31, 2013, and January 12, 15, 20 to 26, 2014 (case file on provisional measures, tome II, folios 562 to
570).
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