Correa Delgado, addressed the President of the Court “to ratify and formalize the invitation issued
by the State’s agents at the hearing held in San Jose, Costa Rica […] [for] the Inter-American Court
to make an official visit [to his country].” Subsequently, on the instructions of the President of the
Court, the Commission and the representatives were given an opportunity to submit their
observations in this regard.
19.
By an Order of January 20, 2012, of the President of the Court,19 pursuant to Articles 4,
15(1), 26(1), 26(2), 31(2), 53, 55, 58 and 60 of the Court’s Rules of Procedure, and in consultation
with the other members of the Court, it was decided to appoint a delegation from the Court, headed
by the President, to visit the territory of the Sarayaku People in Ecuador.20 In addition, the Court
rejected the State’s request for an additional expert appraisal
20.
The purpose of the said visit would be to take “measures aimed at obtaining additional
information about the situation of the presumed victims and the places where some of the alleged
events took place.” In addition, “[i]n accordance with the adversarial principle, and in order to
maintain procedural equality, [it was indicated that] the representatives of the presumed victims,
the Inter-American Commission and the State [would] participate in the visit, if they considered it
necessary.” Lastly, it was indicated that “the on-site procedure [would] take place in parts of the
Sarayaku territory where the alleged events included in the factual framework of the case had
occurred.”21
21.
For the first time in the history of the Inter-American Court’s judicial practice, a delegation of
judges conducted a proceeding at the site of the events of a contentious case submitted to its
jurisdiction. Thus, on April 21, 2012, a delegation from the Court, accompanied by delegations from
the Commission, the representatives, and the State, visited the territory of the Sarayaku People. 22
Upon arrival, the delegations were received by numerous members of the Sarayaku People. After
crossing the Bobonaza River in canoes, they went to the People’s assembly house (Tayjasaruta),
where they were received by the President, José Gualinga, the kurakas, the yachaks and other
authorities and members of the People. Also present were representatives from other indigenous
communities of Ecuador. There, the Court’s delegation heard numerous statements from members
of the Sarayaku, including young people, women, men, the elderly and children from the
community,23 who shared their experiences, views and expectations about their way of life, their
there are completed bridges, and all of the other infrastructure they claim to have given the Sarayaku People. Please come to
Sarayaku, we will be waiting for you […].” (Minute 55.00 - 55.22 of the recording).
19
Cf. Case of the Kíchwa Indigenous People of Sarayaku v. Ecuador. Order of the President of the Inter-American Court
of January 20, 2012. Available at http://Corteidh.or.cr/docs/asuntos/sarayaku1.pdf
20
Cf. Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Order of the President of the Inter-American Court
of January 20, 2012, para. 17.
21
The Order considered that “although the State requested a visit to ‘the Rio Bobonaza Communities,’ the case
submitted to the consideration of the Court referred to events that allegedly occurred on Sarayaku territory and surrounding
areas”; therefore, it was decided to limit the said visit to its territory, which is not affected by the fact that a visit was also
made to the community that lives in the area known as Jatun Molino, in response to the corresponding proposal by the
representatives and the State (Brief of the representatives of the presumed victims of February 20, 2012 and brief of the
State of March 13, 2012). In this regard, the Court considers it necessary to clarify that the purpose of this case has been to
determine whether the State is responsible for the alleged violations of the American Convention to the detriment of the
Sarayaku People. The Court is aware that this indigenous community lives in a territory where there are other indigenous
communities and that, naturally, links exist between them and there may be both divergent and converging interests and
rights of other communities. However, in the context of the present case, it is not for this Court to make determinations
regarding other communities, populations or persons who are not petitioners in this case.
22
The Court’s delegation that made the visit consisted of the President of the Court, Judge Diego Garcia-Sayán, Judge
Rhadys Abreu Blondet, the Secretary Pablo Saavedra Alessandri and the Secretariat lawyers, Olger I. González Espinosa,
coordinator, and Jorge Errandonea. Also, the following were present for the State of Ecuador: the Secretary for Legal Affairs
of the Presidency of the Republic, Alexis Mera, the Minister of Justice, Johana Pesántez, the Vice Minister for Foreign Affairs,
Marco Albuja, and the Executive Secretary of ECORAE, anthropologist Carlos Viteri, among other State officials. And the
Inter-American Commission was represented by the lawyers Isabel Madariaga and Karla I. Quintana. Lastly, Mario Melo and
Viviana Kristicevic represented the representatives.
23
Among others, the Court heard statements from Narsiza Gualinga, representative of Shiwakocha; Holger Cisneros,
representative of Shiwakocha; Franco Viteri, representative of Pista; Digna Gualinga, representative of Pista; Lenin Gualinga,
8