6 the May 5, 2003 request for precautionary measures: Messrs. Franco Viteri, José Gualinga, Elvis Fernando Gualinga-Malavar, Fabian Grefa and Marcelo Gualinga. The State indicated that the Pastaza police had interviewed leaders of the indigenous people to coordinate those measures. The only statement Ecuador made regarding the request that the necessary measures be taken to ensure the life and physical, mental and moral integrity of all members of the indigenous people was that the topography of the territory “makes it difficult to fully comply with the precautionary measures; compounding the difficulty is the fact that there is no police station for the police assigned to provide the needed protection and security.” The State explained further that “all the complaints that representatives of the CGC oil company filed against members of the Community have been investigated,” adding that “the Second Criminal Law Judge of Pastaza dismissed, once and for all, criminal case No. 52-2003 against the Sarayaku leaders”; t) on June 9, 2004, the petitioners stated that it was untrue that the State was taking steps to comply with the precautionary measures requested by the Commission; they went on to say that quite the contrary, “the measures taken were for the purpose of keeping the Sarayaku leaders’ activities under surveillance, intimidating them, and continuing the pressure on the Community to allow the oil people into their territory.” The petitioners added that the State has not taken any steps to protect the lives and personal safety of the members and leaders of the Sarayaku community and their attorneys; and u) the explosives being detonated have destroyed forests, water sources, caves, underground rivers and sacred sites, and have driven animals away. The explosives planted in the traditional hunting areas have thus made it more difficult for the indigenous people to find food, thereby affecting their ability to secure the means to ensure the members’ subsistence and altering their life cycle. All this has been detrimental to the Sarayaku indigenous people’s right to use and enjoy their ancestral territory. 3. The Commission’s observations to the effect that when taken together, the facts alleged constitute a situation of extreme gravity and urgency that could result in irreparable harm to the members of the Kichwa indigenous community of Sarayaku and its defenders, which justifies the Court’s ordering of provisional measures under Article 63(2) of the Convention. The Commission stated further that Ecuador had not complied with the precautionary measures that the Commission had ordered in this case. In light of the foregoing, the Commission requested that the Court call upon Ecuador to: […] adopt without delay whatever measures are needed to: 1. [p]rotect the life and the integrity of the person of the members of the indigenous community of Sarayaku and their defenders[;]

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos