demonstrates empathy with her host family. She participates in a proactive manner
in kids games and activities in the community.
The EAIS monitoring team: two doctors, a dentist, a licensed nurse, and health care
promoter
11. Based on the information that was provided, the State argued that it has “safeguarded
the life and personal integrity of the two girls as confirmed by the efforts carried out by the
Ministry of Health, which in order to mitigate any risk to life, took the necessary measures
to monitor and immunize the girls.” It added that “from the documents that [were
attached], it is evident that since the elements of ‘extreme gravity’ and urgency do not
exist, the materialization of damage is less likely.” Thus, the State concluded that “the
request made by the [Commission] does not fulfill the requirements established by the
American Convention […] for provisional measures, and thus it is not necessary that […] the
Court hear this request.”
12. Regarding the information and arguments presented by the State, the Commission
stated that “the information was not made known to it despite the multiple requests made
during 2013.” It argued that the information provided by the State "even though it includes
some information on the current state of the girls, it is not sufficient information to
understand the details about how each of the risk factors has been addressed by the State.”
Moreover, the Commission stated that those requesting the measures informed that the
prosecution was planning a police operation to rescue the younger girl. It added that the
risk factors presented in the request for provisional measures are still present. Given the
abovementioned, the Commission considered it necessary that "taking into account the
complexity of the case, the age of the girls, and the state of vulnerability to which they are
exposed, [...] the [...] Court require additional information from the State of Ecuador on
these aspects.”
13. As was noted (supra Having Seen clause 9), the Court required additional information
from the State. On February 18, 2014, the State noted the following:
i)
Regarding the possible police operation to take place where the young girl is
located, according to a report dated February 17 “of this year,” of the General
Prosecutor’s Office of the State, there was an attack perpetrated against members of
a family in voluntary isolation that was organized and carried out by seventeen (17)
persons who belong to the Waorani communities of Yarentaro and Dikaro.
ii)
“Given that this is a matter of cultural and legal concern, the General
Prosecutor’s Office of the State added an anthropological report to the case file to
establish grounds for the pretrial investigation and the preliminary investigation
procedure. In these procedures, the Prosecutor’s Office took into account the
principles of intercultural justice.”
iii)
The return of the girls to a nanicabo (family group) in isolation where they
once resided, “is currently inapplicable due to physical and epidemiological reasons
that could severely threaten the life of the peoples in voluntary isolation, given that
the minors have been periodically immunized, and that they have been in contact
with the indigenous Waorani communities, as is evident from the information
provided by the Ministry of Public Health.”
iv)
“The Prosecutor’s Office noted that in consideration of the girls’ best interest,
there is no doubt about the state of wellbeing in which the [older girl] is currently
living and about the convenience of reuniting the younger girl [who is currently in the
9