Case ECU 061009/ ECU 061009.DESC _EN
URGENT CAMPAIGNS/ ECONOMICAL, SOCIAL AND CULTURAL RIGTHS
Alleged excessive used of force by the police/ Ill-treatment during detention/ Arbitrary detention
The International Secretariat of the World Organisation Against Torture (OMCT) requires your URGENT intervention in the following situation in Ecuador.
The International Secretariat of OMCT has been informed by reliable sources, among them Antenna International, a member organisation of OMCT SOS-Torture Network, about the alleged excessive use of force by the police against members of the indigenous group Shuar, the death of Mr. Bosco Wisum, aged about 40 years, and the injuries sustained by several persons, both indigenous people as well as police officers, besides the detention of others persons, amid facts that happened in Sevilla de Yunkias area, Morona Santiago Province, in the framework of a peaceful indigenous protest organised by the group CONAIE[1] and carried out in several locations of the province.
According to the information received, on 30 September 2009, at around 4 p.m., a group of indigenous people was attacked by police officers who attempted to evacuate the bridge over the river Upano, in the Sevilla de Yunkias area, which was kept blocked by indigenous people since 27 September, midnight. As a consequence, Mr. Bosco Wisum, member of the ethnic group Shuar, from the community Sagrado Corazón Yukias, and director of a bilingual intercultural school in Sevilla town, in the Amazonian jungle, died.
According to the information, and the forensic report read in a press conference by the governor of the mentioned province, Mr. Wisum died from a bullet wound to the head (“herida contusa penetrante craneana por perdigón de arma de fuego”). Furthermore, numerous people resulted injured and some others detained. According to the reports, during the events described, the police combed the area by land and air and a large amount of bullet shell would have been found on the road and the surrounding area.
According to the same information, among the people injured and hospitalised in Sucua are: Mr. Lucio Antonio (gravely injured), and Mr. Miguel Yampis, Mr. Francisco Sant, Mr. Francisco Sharut, Mr. Rosendo Shacay, and Mr. Luís Washikiat (all of them slightly injured).
Furthermore, reports indicate that Mr. Salvador Wisum, Mr. Salvador Sentsu, Mr. Eugenio Nawel and Mr. Agustín Wachapa remain detained in Macas city, capital of the province.
OMCT expresses its concern about the violent attack suffered by the communities due to their active participation for the withdrawal of the recently approved Law on Mining and the Law on Water, to be approved, that threaten the fundamental rights of the communities and the people. OMCT has been informed that communities are also attacked due to their constant fight in defence of their territory, and, particularly, against the mining and oil enterprises that have initiated massive mining projects during the last years, among others, open air mining, considered harmful for the environment and for the life of the communities living in the territory.
OMCT recalls that, in this case, the causes of the death of Mr. Bosco Wisum and the alleged violence against Mr. Lucio Antonio, Mr. Miguel Yampis, Mr. Francisco Sant, Mr. Francisco Sharut, Mr. Rosendo Shacay, Mr. Luis Washikiat, Mr. Salvador Wisum, Mr. Salvador Sentsu, Mr. Eugenio Nawel, and Mr. Agustín Wachapa, among others people, lie in the violation of their economic, social and cultural rights[2].
OMCT expresses its concern over these events, and urges the authorities to carry out a prompt, complete, independent, effective and impartial investigation into these events, in particular the death of Mr. Bosco Wisum and the alleged excessive use of force by the police, the results of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.
Finally, OMCT recalls the police to respect human rights according to national and international human rights standards, including the Basic Principles on the Use of Force and Firearms and the Code of Conduct for Law Enforcement Officials.
Please write to the authorities in Ecuador urging them to:
Please also write to the embassies of Ecuador in your respective country.
Geneva, 6 October 2009
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[2] See Economic, Social and Cultural Rights Committee's recommendations to the Government of Ecuador, Document: E/C.12/1/Add.100. Ecuador 07/06/2004: http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/E.C.12.1.Add.100.Sp?Opendocument. E. Observations and comments 35. The Committee strongly urges the State party to ensure that indigenous people participate in decisions affecting their lives. The Committee particularly requests that the State party consult and seek the consent of the indigenous people concerned prior to the implementation of natural resources-extracting projects and on public policy affecting them, in accordance with ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries. The Committee strongly recommends that the State party implement legislative and administrative measures to avoid violations of environmental laws and rights by transnational companies.
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