Ecuador court case: illegal mining activity in La Cero

Summary

The Regional Coordination of the Zone 3 Mining Agency and Control did an inspection of mining area called La Cero after a complaint about illegal mining was filed against Mireya Nataly Rios Guijarro for performing authorized artisanal mining in the area. The plaintiffs claimed the defendants illegally exploited petrous material without establishing the location of the property affected by that exploitation. The defendants filed a protective action in turn because they claimed to have a permit for mining activity and allege that their due process and legal security was violated. In the first instance, the court decided rights of nature is included in the Mining Law. The court denied the action, citing rights of nature and the need to protect nature as reasoning. An appeal was filed by the plaintiffs of the first protective action and the court partially approved it because Riobamba Mining Regulation and Control Agency abused its authority by ordering the retention of the machinery even though they were not authorized. However, the court decided that work instruments are not material evidence of crimes and the property must be returned because the rights of groups must be considered with rights of nature.