Victor Manuel Olivo Pallo v. La Cocha Community

Victor Manuel Olivo Pallo (plaintiff), whose brother, Marco Antonio Olivo Pallo, was allegedly murdered by several men, sought protective action from the constitutional court regarding a decision issued by the officials of the Cocha indigenous community (defendant) against the alleged murderers. The decedent and the accused were all members of the indigenous community, and the case proceeded according to the indigenous community’s procedures. However, Ecuadoran government officials, including the attorney general, raised questions about the human-rights protections of the accused. Specifically, there were concerns regarding the use of corporal punishment. All parties had agreed to submit to the indigenous authorities’ rulings, but the accused men subsequently sought to transfer the matter to the Ecuadoran court system. The indigenous community’s case was focused on impact of the accused perpetrators’ actions on the collective community and the accused perpetrators’ responsibility to that community, whereas the Ecuadoran court case was focused on the criminal act of murder. The case raised important questions about competing jurisdiction between the indigenous communities and the Ecuadoran government and about respect for constitutional rights, including the prohibition on double jeopardy. [Ed.’s note: The casebook excerpt explains in detail the procedure undertaken by the indigenous community in coming to its decision.]