The Agency recalled that the State must articulate “effective measures” to control the increase in crime rates.
The plenary session of the Constitutional Court declared constitutional the 30-day renewal of Executive Decree 224 of October 18, 2021, in which the President of the Republic, Guillermo Lasso, declared a state of exception due to serious internal commotion in nine provinces of the country .
Regarding Executive Decree 224, weeks ago, the Court previously made observations and reduced the time of the measure to 30 days, until 11:59 p.m. on Thursday 18 in the provinces of El Oro, Guayas, Santa Elena, Manabí, Los Ríos, Esmeraldas, Santo Domingo de los Tsáchilas, Pichincha and Sucumbíos. That same day, through Executive Decree 257, the president renewed the state of exception for 30 more days in those same jurisdictions.
In a session last Monday, the body ratified the content of opinion No. 6-21-EE / 21 of November 3, 2021, regarding the constitutionality of the measures taken in the framework of the renewal of the present state of exception.
To this end, the Armed Forces will remain exclusively with functions complementary to those of the National Police, “provided that their intervention is sufficiently justified and that it respects the principle of proportionality.”
The Court clarified: “Even when the suspension or limitation of any constitutional right has not been ordered, the Constitutional Court is fully empowered to exercise automatic and subsequent control of states of exception, in order to rule on the formal and material constitutionality, both of the declaration and of the ‘measures’ that are adopted on the basis of the same ”.
Once this new period of state of exception was completed, the Court ordered the president to refer the concrete measures adopted to overcome the crisis due to the increase in criminal acts, measures that will be adopted in the short, medium and long term in order to strengthen the system. internal security of the State.
Likewise, the entity stressed that it is the duty of the Ecuadorian State to “articulate and adopt the appropriate and effective measures” provided for in the ordinary regime in order to overcome the structural barriers that lead to the problems of increasing crime rates.
Last Monday, President Guillermo Lasso once again renewed the state of exception in the prison system for 30 more days in the face of the continuous confrontations that have arisen in the country’s penitentiary complexes. (I)
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