Advanced Search

Public Safety Act And The State

Original Language Title: Ley de Seguridad Pública y del Estado

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Year I -- Quito, Monday 28 September 2009 -- Nº 35

SUMMARY:

NATIONAL ASSEMBLY

- PUBLIC AND STATE SECURITY ACT ............. 2

THE CONSTITUTIONAL COURT, for the transition period

SENTENCE

020-09-SEP-CC Accept the extraordinary protection action raised by the State Attorney General, Dr. Diego Garcia Carrion, signed with the No.

0038-09-EP, by which they are challenged, both the order issued on October 21, 2008 at 0820 by the lords: Dr. Hernan Salgado Pesantes, Dr. Jorge Endara Moncayo and Dr. Marco Antonio Guzmán, former Magistrates of the Administrative Contentious Room of the Supreme Court of Justice (now the National Court of Justice) as the car for which the Action of Cassation filed against the sentence handed down by the District Court No. 2 of the Administrative Contentious of Guayaquil, the 11 April 2007 .........................

11

LIC. LUIS FERNANDO BADILLO GUERRERO DIRECTOR IN CHARGE

Quito: Avenida 12 de Octubre N 16-114 y Pasaje Nicolás Jiménez Dirección: Telf. 2901-629 -- Offices and sales: Telf. 2234-540 Distribution (Warehouse): 2430-110 -- Manosca Nº 201 and Av. 10 August Branch Guayaquil: Malecon No. 1606 and Av. 10 August-Telf. 2527-107 Annual subscription: US$ 300 -- Printed in National Editor 1,500 copies -- 16 pages -- Value US$ 1.25

Administration of the Mr Ec. Rafael Correa Delgado Constitutional President of the Repub lica

S U P L E M E N T O

2 -- Supplement -- Official Registration No. 35 -- Monday, September 28, 2009

NATIONAL ASSEMBLY

Office No. SAN-2009-078

Quito, September 21, 2009.

Lord

Luis Fernando Badillo

Director of the Official Registry, Enc.

City

Of my consideration:

The National Assembly, in accordance with the attributions

The Constitution of the Republic of Ecuador

and the Organic Law of the Legislative Function, discussed and

approved the project of the LAW OF PUBLIC AND STATE SECURITY.

In session of September 10, 2009, the the

National Assembly met and pronounced on the

partial objection presented by the Lord President

Constitutional Republic.

For the above; and, as provided for in Article 138 of the

Constitution of the Republic of Ecuador and Article 64 of

the Organic Law of the Legislative Function, accompanied the

text of the PUBLIC AND STATE SECURITY ACT, to be used to publish it in the Official Register.

Atently,

f.) Dr. Francisco Vergara O., Secretary General.

THE PLENO

OF THE NATIONAL ASSEMBLY

Considering:

What, it requires promoting a society that achieves

well-being, good living and integral development, with a State

that assumes its responsibilities and an active society that

contributes to these goals, for which they are necessary put in

various types of security that the State guarantees

and that are understood in public security;

What, human security is best guaranteed in a

social order that is born of a society with conditions for

effective rights, cultural pluralism,

political and social to allow for coexistence between the

people, communities, peoples, nationalities, and

collectives, which is one of the goals of the

security, in accordance with Article 1 of the

Constitution;

That, according to Article 3 of the Constitution of

the Republic is the primary duty of the State to guarantee its

inhabitants the right to a culture of peace, security

integral and to live in a society democratic and free of

corruption;

What, article 389 of the Constitution of the Republic

points out that it is the duty of the State to protect people, the

collectivities and nature in the face of negative effects

of natural or anthropic disasters through

risk prevention, mitigation of disasters, the

recovery and maintenance of social conditions,

economic and environmental, in order to minimize the

vulnerability condition;

What, according to Article 393 of the Constitution of the

Republic, the State must ensure human security to

through policies and Integrated actions, to prevent

forms of violence and discrimination, for which you will

commission specialized organs at different levels

governing the planning and implementation of these policies;

What, it is necessary to articulate the different organisms that

make up the systems established in the Constitution and the

law with private law bodies to achieve

efficiency, effectiveness and effectiveness in the public policies

oriented to good living;

What, it is necessary to refresh the security doctrine for

adapting it to the demands of the contemporary world, the

constitutional framework in place, with a need to have

a new System of Integral Security under an optical

civile, dynamic and appropriate for the new environment

international geopolitical;

What, the number 11 of the First Transitional Provision of

the Constitution of the Republic, provides that, within the

three hundred and sixty days from that is effective,

a law that regulates public and

security must be approved

Status; and,

In use of the attribution granted to you by number 6 of

Article 120 of the Constitution of the Republic, issue the

below:

PUBLIC AND STATE SECURITY ACT

Title I

The object and scope of the Law

Art. 1.-From the object of the law.- This law aims to regulate the integral security of the democratic state

of rights and justice and all inhabitants of Ecuador,

guaranteeing public order, coexistence, peace and

good living, in the framework of their rights and duties as

natural and legal persons, communities, peoples,

nationalities and collectives, ensuring national defense,

preventing risks and threats of every order, through

of the Public and Public Security System.

The Status will protect Ecuadorians and Ecuadorians

who reside or are domiciled abroad, as

provided for in the Constitution of the Republic, treaties

international and law.

Art. 2.-From the fields of law.- Under this law will be established and implemented policies, plans, strategies and

appropriate actions to ensure sovereignty and integrity

territorial, security of persons, communities,

Supplement -- Official Registration No. 35 -- Monday, September 28, 2009 -- 3

peoples, nationalities and collectives, and institutions, the

citizen coexistence in a comprehensive way,

multidimensional, permanent, the complementarity between

the public and the private, the citizens initiative and input, and

will establish strategies of prevention for times of

crisis or severe social upheaval.

cultural heritage, biological diversity,

genetic resources, resources natural, the quality of

citizen life, food sovereignty; and in the field of

the security of the state the protection and control of the

technological and scientific risks, technology and industry

war material, possession and carrying of weapons,

materials, biological and radioactive substances, etc.

Art. 3.-From the guarantee of public security.- It is the duty of the State to promote and guarantee the security of all the

inhabitants, communities, peoples, nationalities and

collectives of Ecuador, and of the structure of the State, to

through the Public and State Security System,

responsible for public and state security for the purpose

of contributing to collective well-being, integral development, and the

full exercise of human and human rights. rights and

constitutional warranties.

Title II

principles

Art. 4.-From the principles of public and state security.- Public and State security shall be subject to the rights and guarantees established in the Constitution of the

Republic, international human rights treaties

and will be guided by the following principles:

a) Integrality.-Public security will be integral to

all inhabitants of Ecuador, communities, peoples,

nationalities, collectives, for society as a whole,

public and private institutions, and understands actions

prevention, protection, defense, and sanction.

Thus, the risks and threats that lie

will be prevented against the coexistence, the security of the inhabitants and the

State and the development of the country; the coexistence will be protected

and citizen security, sovereignty and the

territorial integrity will be defended; actions and

omissions that threaten public and state security will be sanctioned;

b) Complementarity.-Public security is

State responsibility, which will promote a democratic social order

peaceful coexistence, with the

citizen participation and oversight for maintenance

of peace;

c) Priority and opportunity.-The State in its plans and

security actions, will give priority to prevention

based on prospecting and timely measures in cases

of risks of any type;

d) Proportionality.-Security actions and

resource allocation will be proportional to

needs of prevention and protection, and to the magnitude and

transcendence of the factors that attack the

e) Prevalence.-No legal rule may restrict the

content of constitutional rights and guarantees

of the inhabitants, communities, peoples, nationalities,

collectives. Only in cases of exception states can

temporarily limit the exercise of the right to the

inviolability of domicile, inviolability of

correspondence, freedom of transit, freedom of association

and meeting, and freedom of information in accordance with the

Constitution, and;

f) Responsibility.-Public entities have the

obligation to coordinate the human, material and technological means

compliance with

the purposes of this law. The operational responsibility

corresponds to the entity in whose scope and competence

radiating its mission, functions and nature legally

assigned.

Title III

System and public security organs

Chapter I

The public security and state system

Art. 5.-From the public and state security system.- The public and state security system is

made up of the Presidency of the Republic, who

directs, the public entities, the policies, the plans, the

rules, resources and procedures, with their

interrelationships, defined to meet the object of the

present law; and, the organizations of the society that

contribute to citizen and state security.

Public and State Security System

Public Security agencies and institutions are subject to control of

the top agencies of the State's functions,

legislative, judicial and control and social transparency.

Chapter II

Of the state security organs public, for its purposes and composition

Art. 6.-From the Public Security Council and the State.- The Public Security Council and the State, will be

formed by:

1. President or Constitutional President of the

Republic, who will chair it;

2. Vice President or Constitutional Vice President of the

Republic;

3. President or President of the National Assembly;

4. President or President of the National Court of

Justice;

5. Minister or Minister for Security Coordination;

6. Minister or Minister of National Defense;

7. Minister or Minister of Government, Police and Cults;

8. Minister or Foreign Minister;

9. Head of Joint Command of the Armed Forces;

4 -- Supplement -- Official Record No. 35 -- Monday September 28, 2009

10. Commander General of the Police.

Representatives of public entities will also be able to participate

representatives of entities of the society,

citizens and citizens that the President or President of

Republic considers it necessary to convene.

The Secretary of the Council will be the Minister or Minister of

Security Coordination or who will do their times.

The Public Security Council and the State will meet

when you call it the President.

Art. 7.-From the functions of the Public Security Council and the State.- The Public Security Council and the State, will have the following functions:

a) Advising and recommending to the President or President of the

Republic on the policies, plans and strategies of

State, and its procedures, in the matter of

public security; and,

b) Recommend to the President or President of the Republic

the adoption of preventive measures and intervention in

cases of serious events or threats that affect

or may affect the integrity of the inhabitants and

State.

Art. 8.-From the classification of acts of the Council.- The sessions of the Public Security Council and the State, the

minutes and documents annexed, may be the object of

classification and, consequently, only if they have been

classified, will be released after the

deadlines set forth in this law.

Art. 9.-From the Ministry of Security Coordination or who does its own times.- The Ministry of Security Coordination, or who does its own times, is responsible for the

elaboration of public policies, planning

integral and coordination of the organizations that make up

the Public and State Security System, as well as

also the monitoring and evaluation of the actions

approved in the field of security.

Art. 10.-Functions of the Ministry of Security Coordination or who will do their times.- The Ministry of Security Coordination or who will do their times will fulfill

the following functions:

a. Prepare the National Comprehensive Security Plan and

public security policy proposals and the

State with the joint contribution of other entities

of the State and the citizenry to put them in

consideration of the President of the Republic and the

Public and State Security Council.

The National Comprehensive Security Plan must be

elaborated in accordance with the National Plan of

Development;

b. Advise technically for object compliance

of this law;

c. Track and evaluate compliance with

public security policies, plans, and projects;

d. Coordinate the actions of the executing organs of the

public and state security;

e. Perform permanent research, studies, and analysis

on public and state security;

f. Coordinate with the National Intelligence Secretariat,

as a function of having a timely and fluid

strategic information, for decision-making in

State security policies, and put it

in due course. knowledge of the President or

President of the Republic;

g. Suggest to the President or President of the Republic

convene the Public Security Council and the State

when the situation warrants it;

h. Coordinate the elaboration of the Plan and the execution of the

national mobilization, when circumstances of crisis or

national shock, demand it;

i. Develop studies and support reports for the

recommendations to be made by the Council of

Public and State Security to the President or

President of the Republic on aspects relating to

sectors Strategic and security zones, prior

Joint Command report;

j. Act as Secretary of the Security Council

Public and State, responsibility for the management

documentary, files and custody of information

classified;

k. Keep the President or President of the

Republic informed about its management;

l. Coordinate with autonomous governments

decentralized and civil society to achieve an

integral national defense articulation, public order

and citizen security, in the terms

established in the present law; and,

m. Others available to the President or President of

the Republic and this law.

Chapter III

Of the implementing organs

Art. 11.-From the implementing organs.- The executing organs of the Public Security System and the State

will be in charge of the actions of defense, public order,

prevention and risk management, as follows:

a) Of the defense: Ministries of Defense, Foreign Relations and Armed Forces.- The defense of state sovereignty and territorial integrity will have

as governing entities to the Ministry of Defense and to the

of Defense

External in the areas of your

responsibility and competence. It is up to the

Armed Forces to execute to fulfill their

fundamental mission of defense of sovereignty and

territorial integrity.

The Ministry of Foreign Affairs, prior agreement

with the Ministry of Defense, coordinate the

cooperation, exchange of information and operations

Supplement -- Official Registration No. 35 -- Monday, September 28, 2009 -- 5

military combined with other countries, under the

international instruments and treaties, in the framework of the

respect to the national sovereignty, the rights of the

persons, communities, peoples, nationalities and

collectives defined in the Constitution and in the law;

b) Of the public order: Ministry of Government, Police and Cults, and, Police National.- Internal protection, maintenance and control of public order will have

as President of the Ministry of Government, Police and

Cults. It is up to the National Police to implement it,

which will contribute to public efforts,

community and private to achieve security

citizens, protection of rights, freedoms and

guarantees of the citizenship. It will support and execute all

actions in the field of its responsibility

constitutional to protect the inhabitants in

situations of violence, common crime and crime

organized. He will coordinate his actions with the relevant organs

of the judicial function.

The National Police will develop their tasks in a way

deconcentrated at the local and regional level, in close

support and collaboration with the Standalone governments

decentralized.

The Ministry of Foreign Affairs, prior to agreement

with the Ministry of Government, Police and Cults,

will coordinate cooperation, exchange of information

and police operations agreed with other countries,

in accordance with international instruments and treaties,

in the framework of respect for national sovereignty and the

rights of individuals, communities, peoples,

nationalities and collectives defined in the Constitution

and the law;

c) Prevention: Responsible Entities.- In the terms of this law, prevention and protection of the

citizen coexistence and security, correspond to

all entities of the State. The National Plan of

Integral Security will set priorities and designate the

public entities responsible for their implementation, of

agreement to the type and nature of the risks, threats or

protection measures or Priority prevention. Each

state ministry will structure and develop a plan

of action in accordance with the national plan of

comprehensive security, according to its management scope.

The Ministry of Government, Police and Cults ensure the

coordination of your actions with the governments

decentralized autonomous in the scope of your

competencies, for near-citizenship action and

convergent with this; and,

d) risks.- Prevention and measures to counter, reduce and mitigate the risks of

source Natural and anthropic or to reduce the

vulnerability, correspond to public entities and

private, national, regional and local. The rectory

will exercise the State through the National Secretariat of

Risk Management.

Chapter IV

Of the permanent organs of coordination, technical support and advice

Art. 12.-From the National Mobilization Directorate.- The National Mobilization Directorate is a unit

administrative of the Ministry of Security Coordination

or who does its times, in charge of the elaboration and

execution of national mobilization plans. The

Director of Mobilization

be named by the Ministry of

Security Coordination or who will do their times.

Art. 13.-From the National Secretariat of Intelligence.- The National Intelligence Secretariat is an entity of

public law, with administrative independence and

financial, with legal personality, responsible for the

System National Intelligence. The head of the Secretariat

National Intelligence will be appointed by the President or

the President of the Republic and will not be able to be an active member

of the Armed Forces or the National Police.

Art. 14.-From intelligence and counterintelligence.- For the purposes of this law:

a) Intelligence, the activity consisting in obtaining,

systematization and analysis of the specific information

to threats, risks, and conflicts that affect

to comprehensive security. Intelligence

is substantial for decision making in

security; and,

b) Counterintelligence, the intelligence activity that is

performs for the purpose of avoiding or countering the

effectiveness of intelligence operations that

pose security threats or risks.

Art. 15.-From the functions of the National Intelligence Secretariat.- The National Intelligence Secretariat will be responsible for:

a) Develop the National Intelligence Plan, under the

guidelines and objectives of state and government

established by the President of the Republic, plan that

among other aspects must contain the goals

periodic of their actions and the procedures of

coordination among the various entities that

make up the National Intelligence System. Plan

to be approved by the President of the

Republic;

b) Coordinate and execute the procurement activities and

analysis of the information for the production of

knowledge and intelligence relevant, in order to

ensure public and state security and good

live;

c) Coordinate, articulate and integrate the activities and

operation of the military and police agencies

National Intelligence System, and

intended for the security of the Presidency of the

Republic and other similar ones to be created in the future,

in their fields and levels, as well as relationships with

other states ' intelligence agencies;

d) Provide, in a timely, simultaneous and fluid manner,

Strategic intelligence to the President or President of the

Republic and the Ministry of Coordination of the

Security or who does its own times, so that the latter

prepares the proposals and scenarios for the

Public and State Security Council provide

advice and recommendations to the President or

President of the Republic;

6 -- Supplement -- Official Registration No. 35 -- Monday September 28, 2009

e) Contribute to integrity maintenance and

State independence, status of rights and

justice; its institutions and the crime prevention

organized. You will not be able to count among its members with

foreign staff; and,

f) Other that are set out in this Law and in the regulations

that will be issued for the effect.

Art. 16.-From the organization and operation of the National Intelligence Secretariat.- Responsibilities, specific functions, prohibitions,

procedures, hierarchies, command lines, classification and

accessibility levels of the information, the

setting of weights and counterweights systems

interinstitutional or procedures to preserve the

secret, reserve, classification, reclassification, and

declassification of information, and, the correct use and destination

of the information from the National Secretariat

Art. 17.-From the information requirement.- Depending on the security of the State, the ministries and other public entities

will submit to the National Intelligence Secretariat

the information that is required of them; including the

classified information to be issued with the

classification granted, which will be declassified

within the terms or conditions provided for in the Act.

Previewing the ministries and entities

public, the National Intelligence Secretariat must

put in knowledge of this decision to the President or

President of the Republic. The public entities

mentioned will not provide this information if the

request does not demonstrate compliance with this requirement.

Art. 18.-From special expenses.- The National Intelligence Secretariat will have a permanent fund of expenses

special assigned to intelligence activities and

counterintelligence for internal protection, the

maintenance of public order and national defense,

whose use will not be subject to the rules laid down in the law that

regulates the national public procurement system.

The permanent fund of reserved expenses will consist of the

General State Budget, amount to be accessed

public, not the expenses allocations that will be

classified information.

Art. 19.-From the classification of the information of the security agencies.- The National Secretariat of Intelligence and the security agencies will be able to classify

the information resulting from the investigations or

activities that

The maximum authority of the

entity.

The information and documentation will be classified as

reserved, secret, and secret. The regulation to the law

will determine the fundamentals for classification,

reclassification and declassification and access levels

exclusive to classified information.

All information classified as reserved and secret will be

free access after five and ten years,

respectively; and if it is secret after

fifteen years.

Information classified as secret will be

declassified or reclassified by the Ministry of

Security Coordination or who does times. If no

reclassification exists, it will be automatically declassified

after the expected time of fifteen (15) years.

In exercise of individual rights and guarantees

citizens will be able to sue Before the Constitutional Court the

declassification of information in the event that

there are serious presumptions of rights violations

humans or committing illegal acts.

Art. 20.-From judicial authorization.- When intelligence agencies, as part of operations

covert, require to retain, open, intercept or examine

documents or communications by any means,

will ask the President or President of

the National Court of Justice for the authorization

corresponding, by a reserved request, which

will consist in the special registers that, for the effect,

will maintain the Judicial Function.

In the regulations that will be issued by the National Council The

Judicature will establish the procedure to determine

the Judge competent in case of the President's failure

of the National Court of Justice or the Specialized Chamber

of the Criminal for the case of appeal.

These special registers will be declassified within the time

fifteen (15) years provided for in this law.

The request will be resolved in a manner motivated by the judge in

the maximum period of twenty and four (24) hours. All

court actions relating to that request will keep

the reservation. The judge will be able to deny the application for impertinence

or for serious affectation to the rights of the subjects on

who are engaged in the covert operation, or to consider

which has as sole objective the political benefit of the

Requesting. From the refusal you will be able to appeal to the

National Court of Justice's Criminal Court,

until within three (3) days, which you will be able to resolve

by modifying the resolution to the degree.

To grant the Judge the authorization, this will be granted until

for a maximum period of sixty (60) days, which will expire

automatically; unless duly requested

is justified for renewal only once; and that out

granted again by the intervening Judge; in this case,

the deadline may be extended for up to sixty days (60)

whenever it is imperative to complete the

investigation.

The authorization that the Judge grants by trade, will give

the instructions to guide compliance with the

constitutional guarantees.

Art. 21.-From the destruction of information that does not give rise to the criminal action.- If the information collected in the covert operations did not result in the beginning of the

corresponding criminal action, all the supports of the

recordings and documentary information obtained, must

be destroyed or deleted, prior to authorization and in the presence

of the intervener Judge.

In this case, prior to destruction must be

notify to the person who was the subject of the investigation,

who prior to the destruction is entitled to

Supplement -- Official Registration No. 35 -- Monday, September 28, 2009 -- 7

knowing the procedural pieces, as the deadline and

procedure to be established in the regulation to the

present law.

Art. 22.-From prohibition.- No intelligence agency is empowered to obtain information,

produce intelligence or store data about people, by

the only fact of their ethnicity, sexual orientation, creed

religious, private actions, political or membership position

or membership of party, social, union

community, cooperative, healthcare,

cultural or labor organizations, as well as the lawful activity that

develop in any sphere of action.

Title IV

Citizen Security

Art. 23.-From citizen security.- Citizen security is a state policy, aimed at strengthening

and modernizing the mechanisms necessary to guarantee the

human rights, especially the right to a free life

of violence and criminality, declining levels of

crime, victim protection and improvement

of the quality of life of all inhabitants of Ecuador.

In order to achieve solidarity and reconstitution of the

social fabric, will be oriented to the creation of appropriate

conditions of crime prevention and control; of the

organized crime; kidnapping, human trafficking;

smuggling; coyoterism; drug trafficking, trafficking

arms, organ trafficking, and any other type of trafficking.

crime; social violence; and, violation of

human rights.

Preventive and service measures will be privileged to the

citizenship, registration and access to information, the execution of

programs Citizens of crime prevention and

eradication of violence of any kind, improvement of the

relationship between the police and the community, the provision and

measurement of quality in each of the services,

mechanisms for surveillance, help and response, equipment

technology that enables institutions monitor,

control, assist, and investigate events that occur

and threaten citizenship.

Title V

From control to the security organs

Art. 24.-From the control.- The National Secretariat of Intelligence and the maximum authorities of the organs

executors will render accounts of their management, for their due

control, to the Executive and every three (3) months to the Assembly

National, through the relevant Specialized Commission,

which will be declared in a reserved session, for the

compliance with this obligation.

They will also account the General Comptroller of the

State in the scope of its competence. The Secretariat

National Intelligence must have the

prior authorization of the Judicial Function compliant

provides this Law.

Art. 25.-From the internal control mechanism.- Each National Intelligence System body will establish

a concurrent internal control mechanism that, in the

main guarantee:

a) Velar for the correct performance functions and

responsibilities attributed to each of the

servers providing services within the System

National Intelligence;

b) Detecting information leaks;

c) Caution that the procedures used in

intelligence do not undermine the guarantees and

constitutional rights; and,

d) Detect cases where System servers

National Intelligence incurs

attributions or functions.

All which will be evaluated by the National Secretariat of

Intelligence.

Art. 26.-From the control to the special expenses.- The accountability of the use of the special expenses that the

Intelligence Secretariat will carry out

be carried out before the

Comptroller General of the State, according to the procedure

that this official will issue for the effect, in which

it will necessarily be established that the expenses incurred

must have instrumental backing.

Of those documents will only be preserved that

let you know the destination of the special expenses, plus not

its beneficiaries, to end which may be disclassified within

of the fifteen (15) year period provided for in this law. The

others will be incinerated by the Comptroller.

Art. 27.-Interrupt of the prescription and expiration.- If there are indications of civil, administrative and

criminal liability, without any exclusion, that are known once

the classification of the information, will be presumed

which has operated the interruption of the prescription and

expiration for the entire classification time of the

information, so the prescription and expiration

will start from the date the information was made

public access.

Title VI

Of the exception states

Chapter I

Of the definition and declaratory of the exception states

Art. 28.-From definition.- The states of exception are the answer to serious threats of natural or anthropic origin

affecting public and state security. The status of

exception is a rule of law and therefore not

will be able to commit arbitarities on the pretext of its declaration.

Art. 29.-Of the declaratory.- The ability to declare the state of exception corresponds to the President or President

of the Republic and is inselectable.

The Executive Decree motivated by declaring the state of

exception comply with the principles of need,

proportionality, legality, temporality, territoriality, and

8 -- Supplement -- Official Registration No. 35 -- Monday, September 28, 2009

reasonableness established in the Constitution. The Decree

will be dictated in case of strict need, that is, if the

institutional order is not capable of responding to threats

of security of the people and of the State.

The Decree will express the cause, motivation, scope

territorial, duration, and measures. It must contain

clear and precise the functions and activities that will be performed by the

public and private institutions involved.

The declaration of the state of exception will not interrupt the

normal operation of State functions.

Art. 30.-Of the requirements to decree the state of exception.- The formal process to decree the state of exception will be the one contemplated in the Constitution of the

Republic, the Law and the international instruments of

protection human rights.

The exception measures must be directly and

specifically intended to conjure the causes that

generate the objective fact and to prevent the extent of their

effects.

Any measure that is enacted during the state of exception

must be proportional to the situation that you want to address,

depending on the severity of the objective facts,

nature and scope of application.

Not measures that will be able to attack against

international obligations assumed by Ecuador in

international and human rights treaties.

The scope of the decree of state of emergency

be limited to the geographic space where those measures

are required.

The duration of the state The exception must be limited to the

requirements of the situation you want to deal with, you will avoid

its undue prolongation and it will take effect up to a time

maximum of sixty (60) days, being able to be renewed for up to

thirty (30) additional days at most.

Art. 31.-From the notification to national and international bodies.- In accordance with the Constitution of the Republic of Ecuador, the declaration of state of

exception and its renewal, if any, must be

to the National Assembly and the Court

Constitutional; and, at international level to the

Organization of the United Nations -ONU-and the

Organization of American States-OAS, in case of

suspension or limitation of rights and guarantees

constitutional.

The notification must be made within 48 hours to

from its signature, explaining the fundamentals and causes that

led to its declaratory or its renewal, and, the measures

arranged.

If the President or President will not notify the declaratory of the

state of exception or its renewal, if any, this will be

understood to be expired.

When the state of exception is terminated for being

missing the causes that motivated him or by termination

of the deadline of his declaratory, the President or the President of

the Republic must notify it within the deadline of forty

and eight (48) hours attaching the report

If the circumstances warrant it, the National Assembly

may revoke the decree in any time, without prejudice

of the pronouncement that on its constitutionality can

perform the Constitutional Court.

Chapter II

Of the cases of state of exception

Art. 32.-Of the cases of state of emergency.- The cases provided for in the Constitution of the Republic to declare the

state of exception are: aggression, armed conflict

international or internal, serious internal shock, calamity

public or natural disaster.

Art. 33.-From liability.- During the states of exception, abuse of power, by any agent or

State official, duly proven will be

administrative, civil and criminal sanctions, and

considering the international protection instruments

of human rights.

Civil, military and police authorities will be

responsible for the orders they deliver. Obedience to

superior orders will not exempt

those who execute them, as provided for in the last paragraph of

Article 166 of the Constitution of the Republic.

Art. 34.-Of coordination in the event of natural disasters.- In case of natural disasters, the planning, organization, execution and coordination of the tasks of

prevention, rescue, remediation, assistance and assistance

will be in charge of the defense body

civil, under the supervision and control of the Ministry of

Coordination of Security or who does its times,

preserving the maintenance of the public order and the free

exercise of the Citizens ' rights and freedoms

guaranteed in the Constitution.

Civil defense agency will act in

coordination with decentralized autonomous governments

and civil society, will also have the support of the

Armed Forces and other necessary agencies for the

prevention and security protection, will run the

prevention and mitigation measures needed to

address them and minimize their impact on the population.

Art. 35.-From the complementarity of actions of the Armed Forces and National Police.- Declared the state of emergency and provided that the President of the Republic

has prepared the employment of the Armed Forces and the

National Police, must coordinate actions so that the

Armed Forces support the National Police, responsible

for the maintenance of public order, until this has

been restored. It will be the Minister of Government, Police and

Cults responsible for the coordination of actions

between the National Police and the Armed Forces.

Chapter III

Of mobilizations and requisitions

Art. 36.-From the mobilization.- Decrees the State of Exception, the President of the Republic will be able to order the

National Mobilization, that will be implemented through the

National Direction of Mobilization.

Supplement -- Official Registration No. 35 -- Monday, September 28, 2009 -- 9

National Mobilization, either total or partial, comprises

the passage of the ordinary activities of the State to those of

crisis, conflict or any other national emergency, by

human or natural factors, and will involve the forced order

to provide individual or collective services, be to

nationals and foreigners, or natural or legal persons.

Demobilization will be decreed by the President or the

President of the Republic, as soon as the

security conditions that have been affected are restored.

Art. 37-Of the requisitions.- For the fulfillment of the mobilization, in the states of exception, the President of

the Republic, by decree, will be able to dispose, in all or

part of the national territory, the requisition of goods

assets belonging to natural, national, or foreign legal persons or

The requisitioned non-fungible assets will be returned to their

owners once the need that prompted the

requisition or the exception status term, as

corresponds.

All requisition of goods and services, to the

end the state of exception, must be compensated

immediately, with the compensation with the fair value

of the service, of the goods or works

It will also be compensated with the fair value of the goods

consumables requisitioned.

The regulation to the Law will establish the procedures of

requisition, the responsible, the use of goods and services,

compensation values that correspond, deadlines, and

forms of payment that are

Title VII

From security zones: Border security zones and security reserved areas

Art. 38.-From the security zones: Border security zones and reserved areas of security.- By security zone the Ecuadorian territorial space is understood

whose strategic importance, characteristics and elements

conform, require special regulation with

the purpose of ensuring the protection of this zone to

any serious affectations or threats to security

object of this law.

special regulation of goods, spaces

geographic, services and activities that are find in

this zone.

The National Comprehensive Security Plan will consider the

prevention and security actions for the security of the

borders of the country.

These are security zones, those of border and areas

security reserved to be established by the President or

President of the Republic, on the recommendation of the Council

of Public Security and the State, prior report

prepared by the Ministry of Security coordination or

who does their times.

Art. 39.-From the delimitation of the border zone.- The border security zone covers the land space of twenty

(20) kilometers from the border limits to the interior

of the national territory, the maritime space of ten (10)

nautical miles, and the corresponding airspace.

Art. 40.-From prohibition to foreigners.- Foreign natural or legal persons and the

national legal persons formed by one or more

natural persons or foreign legal persons, possession,

are prohibited.

land acquisition and concessions in the areas of

border security and security reserved areas,

with the exception of populated and urban spaces located

in those zones.

Except also land acquisitions and

concessions made by:

1. Legally-made marriages and partnerships

recognized, equatorial and Ecuadorian with

foreigners, whose conjugal society and indeed have

at least 5 years of duration; and,

2. National legal persons whose foreign partners

are domiciled in the country for the period of

at least 5 years, continuous and uninterrupted.

The regulation to this law will define the terms of your

application.

Art. 41.-From the Ministry of Defense report.- It will be mandatory from the Minister's report or

Minister of National Defense for the case of execution

of plans, programs and projects in security zones.

Title VIII

Of the strategic sectors of State security

Chapter I

Of the regulation and control of the strategic sectors of state security

Art. 42.-From the Regulation of the strategic sectors of State security.- They are strategic sectors of state security as provided for in the Constitution and the

corresponding to the defense industry, security industry

internal, scientific and technological research for purposes

of defense and internal security.

At the request of the Public Security Council and the State,

the Ministry of Security Coordination or who does

your times will issue the corresponding report, about

impacts on state security that have been generated

or can be generated by the activities concerning the

strategic sectors.

The corresponding Ministry will issue the regulations

in order to regulate the use of areas or areas around

of the security zones that correspond.

Decentralized autonomous governments will abide by the

provisions of this regulation regardless of their

administrative autonomy.

In the case of scientific research entities and

technology, the State can establish agreements for defense, homeland security, and prevention

10 -- Supplement -- Official Record No. 35 -- Monday, September 28, 2009

Art. 43.-Of the protection of facilities and infrastructure.- The Minister of National Defense in the face of critical insecurity that endanger

management of public companies and

private, responsible for the risk

The management of the sectors

strategic will have the Armed Forces, as a measure

of prevention, the protection of the facilities and

infrastructure necessary to guarantee the normal

operation.

Chapter II

Of the participation of members of the Armed Forces and the National Police in directories and agencies

collegiate

Art. 44.-From the participation of members of the Armed Forces and the National Police in boards and collegiate bodies.- In accordance with its non-deliberative nature, the active members of the Armed Forces

Armed Forces and the National Police will not be able to participate in

directories, commissions, committees, advisory councils and in

general collegiate bodies of institutions, companies

public and regulatory and control bodies, with the exception

of the social security of the armed forces and

the national police, and those companies related

directly with internal and external security.

Title IX

Citizen participation

Art. 45.-From citizen participation.- The citizenry will be able to exercise its right to participate in the System of

Public Security, in accordance with the requirements of the

Constitution, the legal norms of citizen participation

and social control, individually or organized, in the

public policy and action definition processes

of planning, evaluation and control for the purposes of the

present law; except for participation in the application

of the use of force, which is of State responsibility, to

The Armed Forces and the National Police.

It is the duty and responsibility of the inhabitants of the Republic

to collaborate with the maintenance of peace and security.

X

Violations

Art. 46.-Of violations.- Criminal violations of this law shall be sanctioned in accordance with the

applicable criminal laws.

GENERAL PROVISIONS

FIRST.- In all laws In which mention is made to the National Security Council-COSENA- must be

Ministry

Security Coordination.

SECOND.- The members of the National Police and Armed Forces who become part of the

dependencies in charge of the National Secretariat of

Intelligence, will not suspend the continuation of your career

police or military, for as long as you lend your

services in that institution. During that time, they will be

subject to compliance with orders coming from

National Intelligence Secretariat authorities

exclusively.

The situation will be observed for personnel cases

civil subject to the LOSCCA that becomes part of the

intelligence services.

THIRD.- The National Technical Secretariat of Development of Human Resources and Remunerations of the Sector

Public, SENRES, will establish with foundation in this law,

its general regulation of application and the organic structure

by processes of the National Secretariat of Intelligence, the

particular race-related rules

administrative, categorization, promotions, sanctions, etc.

corresponding to the staff of the National Secretariat of

Intelligence.

TRANSIENT provisions

FIRST.- The National Judicature Council plenary within thirty (30) days, counted from

enactment of this law, will issue the regulations that

regulate the special register on requests from

covert operations-related intelligence agencies

and the legal actions of them derived,

those that will retain the reservation.

SECOND.- The public servers that are providing their services in the COSENA General Secretariat, under

appointment or contract, prior to a process of

assessment, qualification and selection according to the

requirements and application of the purposes of this law,

in the framework of the Streamlining resources, moving to

being part of the Ministry of Security Coordination,

or who will do their times.

Police and military personnel who are

performing duties at the Secretariat

COSENA General, will be made available to the corresponding

military authorities and police. The assets of the

COSENA General Secretariat, will be part of the

Ministry of Security Coordination, or who will do their

times.

THIRD.- The resources, the assets and in general, all assets and liabilities of the National Directorate of

Intelligence, its functions, attributions, representations,

delegations, rights, obligations, units and

budget, will be transferred to the National Secretariat of

Intelligence (SNI) in everything that does not contravene the

present law.

The public servants who are providing their services

in the National Intelligence Directorate, under

appointment or contract, will be subject to a process of

assessment and selection, according to the requirements and

application of the purposes of this Law, in the framework of the

rationalization of resources, prior to becoming part of the

National Secretariat of Intelligence.

FOURTH.- Absorption by the Executive Corporation for Reconstruction of Affected Zones

Supplement -- Official Registration No. 35 -- Monday, September 28, 2009 -- 11

by the Phenomenon El Niño-ECUADOR Phenomenon, to the

National Secretariat for Risk Management. Within the deadline

of three hundred sixty (360) days, the President of the

Republic shall issue, by Executive Decree, the

procedure for its execution, moment from which

its law of creation, with the exception of

as provided in the following subsection.

The Finance Ministry will immediately transfer to the

merged body the funds required by

ECUADOR for the fulfillment of the works

scheduled, awarded, and controlled by this until 31

December 2009, in addition to other required

for the prevention of possible flooding. The funds

originating in Article 9 (g) of the Creation Act

of ECUADOR will be assigned to the Ministry of

Agriculture, to develop programs for increase in the

productivity of the small Banana producers.

FINAL DISPOSITION.-Please all general and special provisions that contravene

express to this Law, in particular, the following:

1. The National Security Act, enacted in the

Official Record No. 892 of August 9, 1979 and all

its reforms;

2. General Regulations to the Law of National Security,

enacted in the Official Register No. 642 of 14 of

March 1991 and all its reforms; and,

3. Article 7 and points (d) and (l) of Article 16 of the Law

Organic National Defense, promulgated in the

Official Register No. 4 of January 19, 2007.

This law will take effect from the date of your

publication in the Official Register.

Given and subscribed to at the headquarters of the National Assembly,

located in the District Metropolitan of Quito, province of

Pichincha, ten days of the month of September of the two thousand

nine.

f.) Fernando Cordero Cueva, President of the Assembly

National.

f.) Dr. Francisco Vergara O., Secretary General of the

National Assembly.

CERTIFIED that the PUBLIC AND STATE SECURITY ACT Project was discussed and approved in the first place. debate on July 1 and 7, 2009 and second debate

on July 24, 2009, by the Legislative Commission and by

Fiscalization; and, the National Assembly gave a statement

regarding the partial objection of the President of the Republic

September 10, 2009.

Quito, September 21, 2009

f.) Dr. Francisco Vergara O., Secretary General of the

National Assembly.

Quito, D. M., August 13, 2009

STATEMENT N ° 020-09-SEP-CC

CASE: 0038-09-EP

Constitutional Judge Sustaining: Dr. Patricio Herrera Betancourt

THE CONSTITUTIONAL COURT, for the transition period

I. BACKGROUND Summary of admissibility

The General Secretariat of the Constitutional Court for the

transition period (Constitutional Court) under the

Article 437 of the Constitution and Rule 52 of the Rules of Procedure

The Constitutional Court for the Exercise of the Competencies of

the Constitutional Court for the Transition Period,

received the day Wednesday, January 28, 2009, by the

Attorney General of the State, Dr. Diego Garcia Carrion,

an extraordinary protection action signed with the No.

0038--09-EP, by which the order is challenged on the order

21 October 2008 at 08h20 by the lords

doctors: Hernan Salgado Pesantes, Jorge Endara Moncayo

and Marco Antonio Guzmán, former Magistrates of the Chamber of the

Administrative Litigation of the defunct Supreme Court of

Justice (now National Court of Justice); order by the

which the Court of Cassation brought against

the judgment handed down by the Court District No. 2 of the

Administrative Contentious of Guayaquil on April 11,

2007 at 08h20.

The Constitutional Court's Admission Room, for the

transition period, made up of the Judges

Doctors: Patricio Pazmino Freire, Roberto Bhrunis Lemarie

and Patricio Herrera Betancourt, avocan knowledge of this

cause and after exhaustive review of the action

proposal and the attached procedural pieces, support it to

processing on the basis of Article 6 of the Rules of Procedure.

The Secretary General of the Constitutional Court, of

compliance with the provisions of Article 7 of the

Rules of Procedure, I certify that no

other demand with subject, object, and action identity has been filed.

The Third Substance Room, composed of the

Gentlemen: Hernando Morales Vinueza, Manuel

Viteri Olvera and Patricio Herrera Betancourt, under the terms of the

Article 8 of the Rules of Procedure and

following the corresponding draw, known as

this cause on June 01, 2009 the 15h05, ordering

let the content of the demand and providence be known

to the judges The " General Court of Justice of the

Court of Justice

Association of Food Manufacturers

Balancados (AFABA). Day 17 of

June 2009 at 10h00, as the date for which the

Hearing takes place

as set out in Article 86