Amnesty International: Ecuador authorities misuse judicial system to stop protests

The report “So that no one claims anything” Criminalization of the right to protest in Ecuador? examines the stories of 24 leaders who have been victims of what appear to be baseless accusations, arbitrary arrests and harsh bail conditions simply for campaigning against laws and policies regulating the use of natural resources.

They face a total of 20 charges of terrorism, 10 of sabotage, 4 of obstructing roads and 1 of homicide, all related to protests that took place in 2009 and 2010. In many cases, the arrests and charges have been dismissed by judges as unfounded. However, at the time of writing, 8 of the 24 are still under investigation, have open legal proceedings or are subject to restrictions. At this time, none are in prison.

“The fact that 24 leaders faced dubious charges in an 18-month period demonstrates a worrying picture, which is having a chilling effect on entire communities who are now thinking twice before expressing legitimate concerns about measures affecting them,” said Tamaryn Nelson, Ecuador researcher at Amnesty International.

“Instead of engaging in constructive dialogue and adequate consultation with communities whose livelihoods will be affected by the government’s proposed laws and policies, the authorities are using every tool to discourage them from expressing their dissent.”

Many leaders were arrested in police attempts to disperse protesters. Others have lived for years with the threat of arrest hanging over their heads, because arrest warrants have been issued but not executed. In some cases, bail conditions have been imposed requiring them to report to authorities, usually every 7 to 15 days, and prohibiting them from travelling abroad.

Ecuador is the 5th largest producer of crude oil in Latin America and these projects have had a negative impact on human rights which have led to conflicts with local communities. The government has recently announced its intention to bring large-scale mining to Ecuador, which has led to further conflicts with local communities.

In June 2010, indigenous leaders Marlon Santi and Delfin Tenesaca were charged with terrorism after participating in a protest during the Summit of the Bolivarian Alliance for the Peoples of Our America, and an investigation was opened. According to reports, the only evidence against the activists is a pair of missing handcuffs that a police officer reported having lost. At the time of writing, the two activists have been under investigation for a terrorist offense for almost 2 years.

Amnesty International recognises that the State has an obligation to maintain public order and to investigate any crimes that may have been committed in the context of a protest. However, indigenous and peasant leaders have too often been subjected to unfounded investigations and prosecutions, raising questions about whether these acts are politically motivated.

"The government's policy of continuing to push for changes without adequate consultation with affected communities risks placing Ecuador in a dynamic of continued social conflict," Nelson said.

The State has an obligation to adequately consult with affected communities before adopting measures that affect their human rights. Furthermore, where there are significant developments regarding projects that affect the livelihoods of indigenous peoples, the State must guarantee their right to give free, prior and informed consent.

Amnesty International calls on the Ecuadorian authorities to ensure that any potential laws, policies and measures affecting communities undergo a consultation process with those communities before a decision is made. In addition, the organization urges Ecuador to promote, protect and respect the right to freedom of expression, assembly and association. To do so, it must cease its inappropriate use of the judicial system against indigenous and peasant leaders to deter them from expressing their legitimate concerns and demands.

AI Index: PRE01/333/2012