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I. INTRODUCTION
On May 9, 2010, Marcelo Olivo was found dead in the village of Zumbahua, located in the Ecuadorian province of Cotopaxi. The next day, five men suspected of his murder were caught and handed over to the indigenous authorities. In two separate sessions, the General Assembly of La Cocha-Zumbahua, the supreme indigenous authority of the locality, after being informed of the results of the inquiries, and having heard all the involved, sentenced the accused. They all received the same penalties: a fine of $5,000, a ban from all social and cultural celebrations for two years, expulsion from the community for two years, mandatory subjection to cold baths and stinging nettles for a half-hour period,1 one thrash with a leather strap by each communal leader,2 and the tasks of carrying a hundredweight in a naked state and making public apologies.3
During the days that followed, national authorities, the media, academics, and recognized jurists severely criticized the indigenous proceedings and the imposed punishments. Detractors portrayed the events in La Cocha as barbaric and violent. Ecuador's president himself called the events a "monstrosity," a "degrading spectacle," and a "barbarity."4 "For God's sake, this is torture," he added.5
Indigenous leaders replied that Ecuador's Constitution recognizes the right of indigenous peoples to maintain and apply their own indigenous customary law ("ICL").6 Furthermore, they argued that human rights must be "interpreted inter-culturally," avoiding extreme universalistic or relativistic postures.7
The UN Special Rapporteur on indigenous people, James Anaya, expressed "deep concern" at the polarized atmosphere that emerged from the media backlash and statements by government officials.8 He recalled that indigenous peoples' right to enjoy their own law is recognized in the Constitution and in international treaties signed by the government. The constitutional provision, in his view, "is not only consistent with international standards on the subject . . . but it recognizes the undeniable reality of the existence and effective operation for hundreds of years of several indigenous justice systems corresponding to different nationalities and peoples living in the country."9
After the events in La Cocha, the five defendants were arrested and put on trial before national criminal judges.10 At the same time, three indigenous leaders who heard the case were arrested for kidnapping, torture, mistreatment, and extortion. Both...