dismissed.106 The Commission indicated that Marcelo Gualinga Gualinga had been sentenced to one years’ imprisonment for the offense of possession of explosives and had been released after serving his sentence. 100. As a result of the reactivation of the seismic exploration phase in November 2002, and in view of the entry of the CGC into the Sarayaku territory, the Association of the Kichwa People of Sarayaku declared an “emergency,” during which the community ceased its daily economic, administrative and education activities for four to six months. In order to safeguard the boundaries of its territory and to prevent the entry of the CGC, members of the People organized six so-called “Peace and Life Camps” on the borders of the territory, each comprising 60 to 100 people, including men, women and young people.107 In particular, it was claimed, and not refuted by the State, that the members of the Sarayaku went into the jungle to get to the camps set up on the borders of the territory, with children old enough to walk and pregnant women or those with young infants.108 The only people who did not take part in this surveillance were the elderly, the sick and some children who were not old enough to walk, and they remained in Sarayaku Center.109 During this time, the members of the People lived in the jungle; the crops and food ran out and, for several months, the families survived exclusively on resources from the forest.110 101. From October 2002 to February 2003, there was a 29% advance in the work of the oil company within the Sarayaku territory.111 Over this period the CGC loaded 467 wells with approximately 1,433 kilograms of “pentolite” explosives,112 both on the surface and at deeper levels, and left them scattered across the territory that comprised Block 23.113 According to the information provided, at the time of this Judgment, the explosives remain on Sarayaku territory. 102. On February 6, 2003, the Ecuadorian Hydrocarbon Industry Association reported that the CGC had declared a situation of “force majeure” and suspended the seismic exploration work.114 On February 10, 2003, the CGC expressed its willingness to “continue the seismic survey and the other activities agreed in the contract.” The State indicated, without this being contested, that according to note No. 019-CGC-GG-03 of February 26, 2003, the CGC maintained the suspension of activities. The State also mentioned that, according to note No. 023-CGC-GG-05 of June 15, 2005, the suspension had been maintained.115 103. On April 10, 2003, the Ombudsman of the province of Pastaza issued a decision on the complaint filed in November 2002 (supra paras. 85 and 86), in which, based on the arguments submitted by the parties, the record of the inspection of the scene of the events, and international 106 Cf. First Criminal Court of Pastaza of October 7, of 2003. Report of the National Attorney of September 27, 2003 (evidence file, tome 9, folios 5210 and 5211); petition of October 1, 2003, in which the Public Prosecutor’s Office requested the judge to order pre-trial custody (evidence file, tome 9, folios 5210 and 5211). 107 First Notary of the canton of Pastaza, sworn statements of Ena Margoth Santi of November 13, 2007, and Carmenza Soledad Malaver Calapucha of November 13, 2007 (evidence file, tome 9, folio 5000 and ff.); map prepared by the petitioners, showing the distribution of the peace and life camps on the Sarayaku territory (evidence file, tome 9, folio 4969). 108 Testimony provided by Ena Margot Santi before the Court during the public hearing held on July 6, 2011. See also Testimony provided before notary public by Gloria Berta Gualinga Vargas on June 27, 2011 (evidence file, tome 19, folio 10039) 109 Pleadings and motions brief (tome 1, folio 284). See also testimony provided by Ena Margot Santi before the Court during the public hearing held on July 6, 2011. 110 Testimony of Abdón Alonso Gualinga Machoa, question 2 (evidence file, tome 11, folio 6526); First Notary of the canton of Pastaza, affidavits of Ena Margoth Santi and Carmenza Soledad Malaver Calapucha of November 13, 2007. 111 Cf. Ministry of Energy and Mines. Certification of explosive charges distributed in Block 23, according to information from the National Environmental Protection Directorate (evidence file, tome 9, folios 4956 and 4957). 112 Cf. Ministry of Energy and Mines. Certification of explosive charges distributed in Block 23, according to information from the National Environmental Protection Directorate (evidence file, tome 9, folios 4956 and 4957). 113 Cf. Seismic map (evidence file, tome 9, folio 4969 and ff.) 114 Cf. Report of the Ministry of Energy and Mines on the activities carried out in Block 23 (evidence file, tome 8, folio 4788). 115 Cf. Answer to the application (merits file, tome 2, folio 494). 26