Key Benefits:
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 approvedStatus; 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 withthe 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 DefenseExternal 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 ofSecurity 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 theComptroller 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 sectorsstrategic 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
MinistrySecurity 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 JusticeAssociation 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