Ministries of the Environment and of Energy and Mines, had violated Article 84(5) of the Constitution of the Republic by failing to consult the community on plans and programs for the exploration and exploitation of non-renewable resources on their lands that could have an impact on their environment and culture.” The Congressional Committee also concluded that, by negotiating with the communities individually, the CGC disregarded the OPIP leadership role, and this created conflicts between the communities. It also confirmed the damage caused to the territory’s flora and fauna. As regards the population, the Committee concluded that “[h]uman rights have been violated because serious psychological harm was caused to the children of the community who witnessed the confrontations with the soldiers, the police and CGC security personnel, and because the OPIP leaders were arrested and accused of terrorism, and were then subjected to physical abuse, which affected their personal integrity, and this is prohibited by the Constitution of the Republic.”124 H. Alleged threats and attacks against Sarayaku members 107. From February 2003 to December 2004 a number of incidents were reported of presumed threats and harassment against Sarayaku leaders, members and a lawyer.125 108. On December 4, 2003, about 120 members of the Sarayaku People were allegedly attacked with machetes, sticks, stones and firearms by members of the People of Canelos, in the presence of police agents, when they were going to attend a “march for peace and life” that would take place on December 5 and 6 in Puyo, due to the danger of “militarization of Block 23.”126 109. In this regard, on December 1, 2003, the Kichwa Association of Sarayaku had sent a communication to the members of Canelos inviting them to join the march.127 In response to this communication, the next day the “Palati Churicuna” Association of Kichwa Indigenous People of Canelos issued a communique stating that it had decided not to take part in the march and warned that “as is known throughout the province, […] the transit of those who have strongly opposed the issue of oil activities is totally suspended.”128 On December 4, 2003, Police Lieutenant Wilman 124 Report on the Visit to the Sarayaku Community to investigate the complaint filed by the OPIP against the Compañía General de Combustibles. Human Rights Committee, Congress of the Republic of Ecuador, of May 8, 2003 (evidence file, tome 10, folio 6155). 125 Cf. Complaint filed on April 19, 2004, for threats received via email on April 3, 2004, and telephone threats; Complaint filed by José Gualinga on February 27, 2003, before the Pastaza Public Prosecution Office, for a supposed false report regarding his death in a road accident (evidence file, tome 10, folios 6164 and 6165), and Complaint of March 1, 2004, filed by Marlon Santi before the Second National Police Station of the canton of Quito (evidence file, tome 10, folio 6287) for the presumed events of February 29, 2004, in which he was supposedly attacked. Also, on April 23, 2004, José Serrano Salgado, then the lawyer and legal representative of the Sarayaku People, reported that he had been attacked and assaulted by three armed and hooded men, who warned him to cease defending the Sarayaku (evidence file, tome 10, folios 6336 and 6337). In December 2004, Marlon Santi, then a candidate for the presidency of CONFENAIE, reported to the Prosecutor General’s Office that, on December 21 and 22, 2004, while in Otavalo participating in a CONAIE conference to elect a new president, an election in which he was a candidate, he received “telephone calls […], in which [he] was told that [he] would be killed, and that I should withdraw my candidacy for the presidency or else, in 24 hours’ time, I would not be breathing.” He indicated that he was reporting this matter because it constituted a threat to his physical and mental integrity and an act of persecution and harassment against his People and, as such, against his situation as an indigenous leader. Complaint filed by Marlon Santi and his lawyer José Serrano, before the Prosecutor General of Ecuador (evidence file, tome 10, folio 6338). 126 Cf. Preliminary investigation measures of the Ombudsman of the province of Pastaza, Puyo, of December 5, 2003 (evidence file, tome 9, folios 5127 and 5128) and Preliminary inquiry signed by the Prosecutor of the Public Prosecution Office on December 9, 2003 (evidence file, tome 9, folios 5130 and 5131). See also, reports of the 16 th Provincial Police Command of Pastaza: of December 4, 2003, signed by Police Lieutenant Wilman Oliver Aceldo Argoti and two reports of December 5, 2003, signed by Police Lieutenant Patricio Campaña and Police Major Aníbal Sarmiento Bolaños (evidence file, tome 9, folios 5135 to 5140) and Report of the Canelos Parish Committee on the confrontation between the People of Canelos and the People of Sarayaku, undated (evidence file, tome 9, folios 5141 to 5144). See also list of persons who supposedly attacked members of the Kichwa People of Sarayaku on September 4, 2003 (evidence file, tome 9, folios 5146 and 5147) and 11 statements by 36 of the people accused of these incidents (evidence file, tome 9, folios 5001 and ff.). 127 Cf. Report of the Canelos Parish Committee on the confrontation between the People of Canelos and the People of Sarayaku, folio 5111. 128 Cf. Report of the Canelos Parish Committee on the confrontation between the People of Canelos and the People of Sarayaku, folio 5112. 28