News. This morning, several Human Rights organizations presented an amicus curiae in the Constitutional Court for the constitutional control of Decree 884, which declared a state of emergency throughout the national territory.
For organizations, it is important that the Constitutional Court declare the unconstitutionality of this measure because “the Ecuadorian State has already been observed by international organizations for using the states of exception to suppress social protest”.
The Regional Foundation for Human Rights Advisory (Inredh), the Ecumenical Commission on Human Rights (Cedhu), Amazon Frontlines, the Observatory of Rights and Justice and several academics delivered the document.
According to Professor David Cordero Heredia, the resource seeks to provide elements of Constitutional Law, International Human Rights Law and International Humanitarian Law «which will be indispensable to analyze the delicate matter that fell on the judge Enrique Herrería.»
«In our opinion, the legal questions that this honorable Court must answer in the present case are: Is it correct to declare a state of emergency to face a scenario of social protest? Can social protests be described as» serious internal commotion » under the terms of article 164 of the Constitution? Does international law and the Constitution allow the use of military forces to contain social protests? ”he said.
In addition, they request that the Constitutional Court send the information on the acts of violence of the Armed Forces and the National Police to the State Attorney General’s Office, as well as to the Ministry of Government to carry out criminal and administrative investigations; the responsibility of the officials is declared and the material and immaterial reparations are established for the victims of police and military violence.
For human rights organizations it is important that the Constitutional Court declare the unconstitutionality of this measure because it is not in accordance with the formal and substantive requirements that declarations of state of exception must meet, “even more so when the Ecuadorian State has already been observed by international organizations for using states of exception to suppress social protest ”.