Judgment on merits and reparations, the same as the beneficiaries of the measures of reparations
ordered. In other words, the obligation to protect the rights to life and to personal integrity of the
members of the Sarayaku People, initially required in the Orders on provisional measures, are
hereafter included in the reparations ordered in this Judgment, which must be complied with from
the time that it is notified to the State. Thus, given the special nature of this case, the State’s
obligations in the context of the provisional measures are replaced by the measures ordered in this
Judgment and, consequently, their establishment and implementation will be subject to the
monitoring of compliance with the Judgment, and no longer that of the provisional measures.380
Consequently, the said measures are hereby annulled.
X
OPERATIVE PARAGRAPHS
341.
Therefore,
THE COURT
DECLARES:
Unanimously, that:
1.
Based on the broad acknowledgment of responsibility made by the State, which the Court
has assessed positively, the preliminary objection filed has no purpose and it is not appropriate to
analyze it, in the terms of paragraph 30 of this Judgment.
2.
The State is responsible for the violation of the rights to consultation, to indigenous
communal property, and to cultural identity, in the terms of Article 21 of the American Convention,
in relation to Articles 1(1) and 2 thereof, to the detriment of the Kichwa Indigenous People of
Sarayaku, as established in paragraphs 145 to 227, 231 and 232 of this Judgment.
3.
The State is responsible for severely jeopardizing the rights to life and to personal integrity,
recognized in Articles 4(1) and 5(1) of the American Convention, in relation to the obligation to
guarantee the right to communal property, in the terms of Articles 1(1) and 21 thereof, to the
detriment of the members of the Kichwa Indigenous People of Sarayaku, in accordance with
paragraphs 244 to 249 and 265 to 271 of this Judgment.
4.
The State is responsible for the violation of the right to judicial guarantees and to judicial
protection recognized in Articles 8(1) and 25 of the American Convention, in relation to Article 1(1)
thereof, to the detriment of the Kichwa Indigenous People of Sarayaku, in accordance with
paragraphs 272 to 278 of this Judgment.
5.
It is not appropriate to analyze the facts of this case in light of Articles 7, 13, 22, 23 and 26 of
the American Convention, or of Article 6 of the Inter-American Convention to Prevent and Punish
Torture, for the reasons indicated in paragraphs 228 to 230 and 252 to 254 of this Judgment.
380
Similarly, Cf. Case of Fermín Ramírez v. Guatemala. Merits, reparations and costs. Judgment of June 20, 2005.
Series C N. 126, operative paragraph 14. See also relevant decisions in the Case of Raxcacó Reyes v. Guatemala. Merits,
reparations and costs. Judgment of September 15, 2005. Series C No. 133, operative paragraph 15. Also, see Case of the
Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Provisional measures. Order of the Court of November 26, 2007,
considering paragraphs 10 and 11, and Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Monitoring
compliance with judgment. Order of the Court of February 2, 2007, considering paragraphs 8 to 21.
91
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