80% of the 269 amnesties approved by the Constitutional Guarantees Commission of the National Assembly would correspond to cases related to defenders of the rights of nature, human rights and collective rights. The other cases would refer to the events of October 2019.
This was stated by the president of the Constitutional Guarantees Commission, Fernando Cabascango (PK), who suggested that the plenary approve the report, since the majority are peasant leaders. For the approval of the amnesties in plenary, at least 91 votes are needed.
Commission approved the report on amnesty requests that will be analyzed by the plenary session of the Assembly
At the moment there are no votes or date to process the amnesties, so the national coordinator of Pachakutik, Marlon Santi, made a call to the different political sectors of the National Assembly to join what he called “historic moment”, so that in consensus of votes the amnesties are granted to the social fighters.
The effect of the amnesty, according to the report of the table, which cites article 101 of the organic law of the Legislative Function, determines that the exercise of criminal action, the penalty and its legal effects, with respect to the presumption or committing political or political-related crimes.
Once the amnesty has been resolved, no criminal actions may be taken or any criminal proceedings initiated for said crimes.
If a criminal proceeding was previously initiated, the punitive claim will be extinguished by order issued by the judge or the competent judge, who will not admit consultation or any appeal. If there is a conviction, it will be understood that the sentence has not been imposed, and all effects of such sentence, including civil ones, are cancelled.
According to the report, it is recommended to grant amnesties to those prosecuted for exercising the right to resistance and social protest in October 2019, when the building of the Comptroller General of the State was burned, which according to the commission, although its entry was irregular , it is not known if it was to commit malicious acts or to protect himself from the public force.
In the case of Virgilio Hernández, current Andean parliamentarian; Paola Pabón, prefect of Pichincha; and, Christian González, a militant of the Citizen Revolution, it is determined that the crime of rebellion complies with the objective element of the political crime, as indicated, the protected legal right is the constitutional order, that is, the State.
Although the case occurred in a context of mobilization and specifically political. In relation to the subjective element, that is, the motive, it would have been the exercise of the constitutional right to resistance in the framework of the political opposition struggle against a government with the call to social conscience for the exercise of rights.
The president of the commission, Fernando Cabascango, pointed out that these cases are not intended to go unpunished, but that they are facts that have to do with political crimes and that this was investigated in the commission.
However, not all legislators are convinced that amnesty should be granted to all as suggested by the legislative table. Virgilio Saquicela (BAN), first vice president of the Assembly, announced that in the case of the obstruction of movable property there is no amnesty, so a detailed study should be carried out to determine in which cases the amnesty is appropriate or not; because in the case of kidnappings there is no amnesty.
Within the legislature there is still no position of each bloc on this amnesty approach. What determines the law that governs Parliament is that at least 91 votes are needed to grant the amnesty. (I)
Source: Eluniverso
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