6 processing of the merits of the case before it, by which it was informed that explosive charges were distributed in Block 23. 11. As to the obligation to investigate into the facts that gave rise to the adoption of these provisional measures, the State informed that it requested the members of the community to present a report regarding the complaints they filed for a follow-up and, if applicable, to launch the investigations. Furthermore, the State sustained that there are only two complaints before the Government Attorney’s Office of Pastaza and that said complaints are filed given that it was impossible to identify the accused people. However, the State argued that it seeks to declare the non-applicability of statutory limitation to the crimes of torture, mistreatment and assault, according to the terms of the Constitution of Ecuador, in order to conduct the investigations that correspond in coordination with the Ombudsman. In that respect, the representatives indicated that the progress is nonexistent and the Commission emphasized what the State expressed as to the fact that “it has no updated information and does not know all the investigations that needed to be launched,” but that the State has, in effect, the information related to this measure. 12. Moreover, the Court notes that no acts of violence had been recently reported against the members of the Sarayaku Indigenous People, or acts that hindered the access to the Borbonaza River. Furthermore, it valued the distribution of beneficiaries’ cards to certain members of the Community, as well as the disposition shown by the State in order to work together with the beneficiaries in the planning and implementation of the provisional measures adopted and to be adopted. However, it is relevant to require the State to present specific information on the real benefits that those cards provide to the members of the Community; the materialization of the surveillance posts; the security of the access roads to the community; the current situation of the alleged inter-community conflicts in the area and the feasibility of implementing other types of protection. 13. In addition, the Tribunal values that the state authorities and the representatives of the Sarayaku People had entered into agreements for the removal of the explosive material and that the State has completed the first phase of removal of explosives that were over the surface of the territory, of which the Sarayaku community was informed and coordinated efforts were made to that end. However, even though the State has given explanations about the delay in the adoption of this procedure, it does not clearly justify the reasons why the implementation of said procedure began more than four years after the Tribunal expressly ordered it (supra Having Seen clause 3). Under the particular circumstances in which these provisional measures were ordered, the protection of the right to life and human treatment of the members of the Sarayaku Indigenous Community required and requires the guarantee that the explosives will be removed from the territory where the community is settled, given that this situation has hindered their freedom of circulation and the use of the natural resources existing in the area. In these circumstances, it is clear that the main concern, at this moment, is focused on the current and potential risk that the existence of high explosives buried in their territory implies for the Sarayaku community. On the one hand, the State has expressed its disposition to continue with the next phase of removal of explosive material buried in the territory, for which it pointed out two alternative procedures, namely, the controlled denotation of the pentolite or its “precipitation”. On the other hand, the representatives put forward the need to look for technical alternatives, for which they referred to the relevance of searching the advice of other experts and, if the indigenous community does not have means for that, they trust that the State will support their search. That is to say, it is clear there is no agreement between

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