289. With regard to the explosives buried in the territory of the Sarayaku People, the Court appreciates that, since 2009, the State has taken several steps to deactivate or remove the explosives, at times in consultation with the Sarayaku People. In addition, the State has proposed several options to neutralize the explosives buried in the territory. 290. In particular, the State provided a certificate of approval by the Sub-Secretary for Environmental Quality of a “Comprehensive Environmental Assessment” of Block 23, indicating that the CGC representative should, inter alia, “[s]ubmit a schedule with specific deadlines for executing the activities contemplated in the Plan of Action, including those related to the information process on the way in which the pentolite was dealt with […], the current situation of this explosive; environmental impacts of the attempts to find and evaluate the buried material.”347 Also, in the terms of the contract termination agreement, in clause 8.4, the parties (PETROECUADOR and CGC) “accept and ratify that there is no environmental liability in the [concession] area that can be attributed to the contractor” (supra para. 123). 291. In relation to the removal of the pentolite from the territory of the Sarayaku People, the Court observes that, according to the parties, two different situations exist: first, the pentolite near the surface (approximately 150 kilograms) is buried at a depth of up to five meters and it would be possible to remove it completely. Second, the pentolite buried at a greater depth – at about 15 to 20 meters – would be difficult to remove without causing significant environmental damage or even potential safety risks for those removing it. 292. Regarding the pentolite located near the surface, the State indicated that its removal by physical means posed serious safety risks for the people responsible for carrying out the operation. In addition, it would entail damage to the integrity of the territory, because it would have to be carried out with heavy machinery. For their part, representatives and the Commission requested the removal of all surface explosives, which would entail a search of at least 500 meters on each side of the E16 seismic line running through the Sarayaku territory. 293. The Court stipulates that the State must neutralize, deactivate and, as appropriate, completely remove the surface pentolite, searching at least 500 meters on each side of the E16 seismic line running through the Sarayaku territory, as proposed by the representatives. The ways and means used for this purpose must be chosen after a process of prior, free and informed consultation with the People so that it may authorize the entry and presence on its territory of the equipment and people required in this regard. Lastly, since the State has argued that a risk exists to the physical integrity of the people responsible for removing the explosives, it is for the State, in consultation with the People, to select the methods for removing the explosives that pose the least possible risk to the ecosystems in the area, consistent with the Sarayaku worldview and the safety of the team performing the operation. 294. As for the pentolite buried at a greater depth, the Court notes that, based on the technical appraisals that have been conducted, the representatives themselves have proposed a solution to neutralize its danger.348 The State did not present any observations in this regard. The case file contains no specific arguments, or technical appraisals or evidence of a different nature, which would indicate that the Sarayaku Peoples’ proposal is not an appropriate and safe option in keeping with their worldview for neutralizing the buried explosives. Therefore, the Court decides that, in accordance with the technical appraisals presented in these proceedings, and unless a better 347 Evidence file, tome 17, folio 9595. 348 The representatives asked the Court to require the State “to remove all the explosives on the surface of the territory […], as the Sarayaku requested during the proceeding on provisional measures.” To this end, “the State must search at least 500 meters on both sides of the E16 seismic line which passes through Sarayaku territory.” In addition, they asked the Court to “order the Ecuadorian State to deal with the pentolite underground in accordance with the plan proposed by Professor Kanth, which is based on determining the number of points where the pentolite is buried, burying the detonator cables, marking the points where these are buried, and declaring the area as a recovery zone.” Lastly, they indicated that “the process described must be executed by the State as soon as possible,” and that “[e]very phase of this management plan must be submitted for consultation and agreed with the Kichwa People of Sarayaku, who should continue receiving external advice on the process.” 80