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Open Letter to the President of Ecuador

Thursday, 09 Aug, 2007

To: President Rafael Corea, President of Ecuador 

From: Captain Paul Watson, Founder and President of the Sea Shepherd Conservation Society
 

Dear Mr. President,

I have been informed by the Ecuadorian media that the Mayor's office in Quito accepted to consider an official "appeal on the grounds of unconstitutionality" (Recurso de Amparo) in reference to your order to deport Sea Shepherd's Representative in Ecuador, Sean O'Hearn Gimenez.  As a result, Sean O'Hearn Gimenez avoided expulsion 10 minutes before being forced to board a Delta flight to Atlanta.  On this point, we are all a bit confused.  Why, Mr. President, did you publicly announce to the national and international media at 8 o'clock in the morning of August 4th, 2007 that you personally had deported Sean O'Hearn Gimenez three hours before the official deportation hearing had taken place?  Isn't it true, Mr. President, that under Ecuadorian law, a person can only be deported after the official hearing has taken place?  During this hearing isn't it true, Mr. President, that Sean had the right to the legal counsel of his choice?  Can you please instruct the Minister of Government, Mr. President, to confirm that Dr. Gyna Solis, Sean's attorney, was not allowed to be present during this official hearing?  Could you also request the Minister of Government, Mr. President, to explain how he could legally have nullified the 9-VI Residency Visa?

Within this context, I have received all the documentation relating to the police operations conducted in the province of Manabí on July 31st, 2007.  Similarly, we have obtained numerous reports concerning Sean's illegal detention on the night of August 3rd, 2007, as well as the analysis of the evident inconsistencies which suggest that due process was clearly denied.  I have forwarded all of this information to our international lawyers and our Board of Directors for their review.

On behalf of Sea Shepherd, I take this opportunity to thank the Ecuadorian media for their unbiased, professional and dedicated coverage of this very unfortunate incident which has transcended to thousands of media outlets on all six continents of the world.  We have taken note that the overwhelming majority of the Ecuadorian press is suggesting that effectively the Ecuadorian state has failed to uphold Sean O'Hearn Gimenez's legal rights as stipulated and guaranteed under the Ecuadorian Constitution  and under International law.

Nevertheless, Mr. President, I reaffirm the position taken by both Sean O'Hearn Gimenez and Pieter Brouwer, Spokesperson for Sea Shepherd in Ecuador, as published in El Universo on August 8th, 2007, stating that differences of opinion in democracies can best be resolved through dialogue and that unilateral actions which apparently abuse the due process of law should not be encouraged.  Sea Shepherd is open to any invitation to discuss the events with you and your Minister of Government personally.

Subsequently, concerning the agreement of cooperation signed at the request of your government, between the National Police and Sea Shepherd, I hereby officially communicate to you that this was immediately suspended the second Sean O'Hearn Gimenez was illegally arrested.  For the record, our cooperation with the environmental police produced 7 operations during which a historical record was achieved including the decommission of 40,000+ shark fins and 93,000+ endemic sea cucumbers of the Galapagos Islands.  The suspension of the agreement very unfortunately affects over 20 Million dollars of international funds which were being successfully negotiated to strengthen the projects that we were jointly formulating between your government and Sea Shepherd.  Ironically, a very important program was being directed to improve the socioeconomic situation of artisanal fishermen living in the Galapagos and on the mainland who are facing conditions of extreme poverty.  Certainly, Mr. President, the environment does not have to account for poverty nor should it have to pay the consequences, as your Presidential Decree No. 486 would imply.  Poverty is directly correlated to state policy and should be resolved within this spectrum.

I am requesting, as President and Founder of Sea Shepherd, my board of advisors to contact the Secretary General of the United Nations, the Director General of UNESCO, the European Parliament, the EU, the U.S. House of Representatives and Senate, the Ecuadorian Congress and other pertinent authorities to express our deep concern that the marine reserve of the Galapagos Islands is under major threat.  We are all appealing, Mr. President, to your sensibility on ecological matters and agree with you when you state that "the shark is more valuable swimming freely in Galapagos than floating dead in the soup of the Chinese."  Consequently, once again I formally request that you reinstate Presidential Decree No. 2130 by nullifying your Presidential Decree No. 486, especially as UNESCO World Heritage Committee will be reviewing the status of the archipelago in November 2007 and February 2008.

However, I am forced to draw your attention and wish to express to you my very deep concern as to the more than unfortunate incident which has occurred this morning with regard to Elsa Maria Cortez, wife of Sean O'Hearn Gimenez.  I have requested Sean and his family to return for consultation as soon as possible.  This matter, as well as all the incidents surrounding Sean's illegal arrest, have been communicated to the institutions which legally represent the Universal Declaration of Human Rights.  Very specifically, I am requesting Mariana Almeida, Executive President of Selva-Vida Sin Fronteras Foundation of Ecuador and member of our Board of Advisors in Latin America to intercede.  Independently, I am also asking Dr. Juan De Dios Parra, Secretary General of the Latin American Association of Human Rights (ALDHU), to represent Sean O'Hearn Gimenez's human rights in Ecuador.

Finally, I am requesting the members of our Board of Advisors to consider:

  1. the implications of Presidential Decree No. 486 on the Galapagos Marine Reserve 
  2. the impact of Presidential Decree No. 486 on the Pacific Marine Corridor 
  3. the possible violations of human rights experienced by our representative in the very beautiful country which you are presently presiding

For your easy reference, The Sea Shepherd Advisory Board consists of:

Scientific, Technical, and Conservation:
Dr. Deborah Brosnan
David Foreman
Dr. Birute Galdikas
Randy Hayes
Dr. Herbert Henrich
Dr. Jennifer Hopper
Captain Jet Johnson
Horst Kleinschmidt
Dr. Louise Leakey
Elizabeth May
Dr. Joe McInnis
Dr. Godfrey Merlen
Dr. Roger Payne
Grant Pereira

Legal and Law Enforcement:
Basil Hobbs

Financial and Management:
John Paul DeJoria
Mike Galesi
Pritam Singh
Robert Wintner

Photography:
Jody Boyman
Marc Gaede

Media and Arts:
Brigitte Bardot
Linda Blair
Berkeley Breathed
Pierce Brosnan
James Cromwell
Linda G. Fisher
Rutger Hauer
Pieter Kroonenburg
Rafe Mair
Jacques Perrin
Sean Penn
Martin Sheen
George Sumner
Diane Warren

Animal Welfare, Humane and Animal Rights:
Dr. Alex Hershaft
Marnie Gaede
Steve Hindi
Howard Lyman
Alex Pacheco
Heidi Prescott
Dr. Tom Regan

I remain yours sincerely,
Captain Paul Watson
Founder and President of the Sea Shepherd Conservation Society (1977-
Co-Founder - The Greenpeace Foundation (1972)
Co-Founder - Greenpeace International (1979)
Director of the Sierra Club USA (2003-2006)
Director - The Farley Mowat Institute
Director - www.harpseals.org
Working Partner with the Galapagos National Park.
Master/Commander of the M/Y Robert Hunter
Commander of the M/Y Farley Mowat

 

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