A/HRC/42/37/Add.1 47. The Special Rapporteur paid special attention to this issue and in this regard, she met with the authorities in charge of indigenous justice in Cañar, Otavalo, Chimborazo and Cotopaxi in Latacunga. She also received information on the matter at her meetings with the Council of the Judiciary, the General Assembly, the Attorney General’s Office and the National Court of Justice. 48. The Special Rapporteur wishes to express her concern about the lack of progress in the implementation of the detailed observations made by the previous Special Rapporteur, Mr. Anaya,12 and the treaty bodies,13 and about the setback in achieving proper recognition of legal pluralism during the past decade. In 2014, the Constitutional Court ruled in the La Cocha 2 case14 that the indigenous authorities may not consider cases of crimes against life, which remain under the exclusive jurisdiction of the ordinary courts. However, neither the international standards nor the Constitution refer to this type of limitation. 49. According to the indigenous authorities, the attitude of the Government and the ordinary justice system is still racist and discriminatory. Indigenous justice systems are considered suitable only for dealing with domestic and minor issues, while only the ordinary courts are considered competent in serious criminal matters. The Special Rapporteur observed this prejudice in some of her meetings with members of the justice system, who seemed to confuse indigenous justice with vigilante justice and lynching. 50. Very little progress has been made in regard to coordination and cooperation between systems. In many instances, judges of the ordinary jurisdiction have not deferred to indigenous jurisdiction even when they were asked to do so and the cases in question were already being tried and even decided. The Special Rapporteur is concerned that this has led to double prosecutions. The ordinary system does not adequately take into account the investigations conducted by the indigenous justice authorities, and in many cases unconstitutional appeals have been filed against the rights of indigenous courts, even in cases involving civil and family matters, property, fraud and parental authority. In 2008, indigenous prosecutors’ offices were set up to allow access to ordinary justice for indigenous peoples. However, it was alleged that these prosecutors interfere unduly in the indigenous justice system and have generated conflicts with their own authorities and criminal proceedings. 51. The necessary human, financial and other resources envisaged in the Organic Code on the Judiciary have not been provided, and this has worked to the detriment of the indigenous justice system, which must operate free of charge. The Special Rapporteur was informed about initiatives undertaken by the indigenous peoples themselves to strengthen their ability to guarantee due process, the inclusion of indigenous women and harmonization with international human rights standards; such initiatives have not been supported by the State. In general, indigenous women prefer to take their issues to the indigenous justice system, which can resolve conflicts in a culturally sensitive manner. Nevertheless, they noted the lack of resources and the need for further training of the justice authorities so as to ensure that violations of the rights of women and children will be addressed. 52. An especially troubling issue is the criminalization of indigenous justice authorities for performing their duties. In many cases, indigenous authorities have been convicted of offences that are included in the Organic Comprehensive Criminal Code. In order to justify the complaints and convictions, they are charged with kidnapping, aggravated kidnapping, extortion, damage to third party property, abduction, unlawful appropriation of public functions or land trafficking. This reflects a lack of understanding, on the part of the ordinary justice system, of the legitimate practices and processes of the indigenous justice system. Reports were received of proceedings being brought against indigenous justice authorities in the provinces of Cañar, Cotopaxi, Azuay and Pichincha. Eleven indigenous authorities of the Justice Council of San Pedro Cañar are in prison. The Special Rapporteur visited José Sarmiento, Sergio Paucar and María Sarmiento Chuqui, who had been 12 13 14 GE.19-11328 A/HRC/15/37/Add.7. CERD/C/ECU/CO/23-24, paras. 12 and 13, and CCPR/C/ECU/CO/6, paras. 37 and 38. Case 0731-10-EP. 11