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$20 per month, or Get a Day Pass for only USD$4.99.

NATIONAL ASSEMBLY


- LAW AND STATE PUBLIC SAFETY ............. 2



THE CONSTITUTIONAL COURT for the transition period


JUDGMENT


SEP 020-09 CC accept the extraordinary action of protection raised by the Attorney General, Dr. Diego García Carrión, marked with No.

0038-09-EP, which is contested by both the order made on 21 October 2008 at 08h20 by Messrs: Dr. Hernán Salgado Pesantes, Dr. Jorge Endara Moncayo and Dr. Marco Antonio Guzman, former judges of the Chamber of Administrative Litigation of the former Supreme Court (now National Court of Justice) and the car by which the appeal against the judgment of the District Court No. 2 of Administrative Disputes refuse to admit Guayaquil, on April 11, 2007 .........................


11




LIC. LUIS FERNANDO GUERRERO Acting Director BADILLO

Quito: October 12th Avenue N 16-114 and Pasaje Nicolas Jimenez Address: Tel 2901-629 - Headquarters and Sales: Tel. 2234-540 Distribution (Warehouse). 2430-110 - Mañosca No. 201 and Av. Aug. 10 Branch Guayaquil: Av Malecón No. 1606 and August 10 - Tel 2527-107 annual subscription.. $ 300 - Printed in 1,500 copies Editora Nacional - 16 pages - US $ 1.25 Value



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


SUPPLEMENT


2 - Supplement - Official Gazette No. 35 - Monday 28 September 2009


NATIONAL ASSEMBLY

Memorandum No.

SAN-2009-078


Quito, September 21, 2009.




Lord Luis Fernando Badillo


Director of the Official Gazette, Enc.


City

Dear Sirs
:



The National Assembly, in accordance with the powers

Conferred by the Constitution of the Republic of Ecuador

And the Organic Law of the Legislative Branch, discussed and

It approved the bill PUBLIC SAFETY AND STATE.

At a meeting of September 10, 2009, the Plenum of the

National Assembly met and decided on the

Partial objection by the President

Constitution of the Republic.



The foregoing; and, as provided by Article 138 of the

Constitution of the Republic of Ecuador and Article 64 of

The Organic Law of the Legislative Branch, I accompany the

Text of the Public Safety Act and state so that it serves publish it in the Official Gazette.



Sincerely,



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






FULL NATIONAL ASSEMBLY



Considering
:

That requires promoting a society that achieves

Well, good living and integral development, with a State

Assuming their responsibilities and active society that

Contributes to these goals, which are necessary to put in

Up various types of security guaranteed by the State

And are included in public safety;



That, human security is best assured in a

Social order born of a partnership with conditions for

Enforce the rights, cultural pluralism,

Political and social that allow coexistence between

Individuals, communities, peoples, nationalities and

Collective, which is one of the goals

Security in accordance with Article 1

Constitution;



That, according to the number 8 of Article 3 of the Constitution

The Republic is paramount duty of the state to guarantee its

Inhabitants the right to a culture of peace, security

Comprehensive and live in a democratic and free society

Corruption;

That Article 389 of the Constitution of the Republic

States that it is the duty of the state to protect people, the

Communities and nature against the negative effects

Disaster of natural or anthropogenic origin by

Risk prevention, disaster mitigation, the

Recovery and maintenance of social conditions,

Economic and environmental, in order to minimize

Condition of vulnerability;



That, pursuant to Article 393 of the Constitution of the

Republic, the State must guarantee human security


Through integrated policies and actions to prevent

Forms of violence and discrimination, for which

Shall instruct specialized bodies at different levels

Government planning and implementation of these policies;



It is necessary to coordinate the various agencies

Make the systems established in the Constitution and the

Law with private law agencies to achieve

Efficiency, efficiency and effectiveness in public policy

Oriented good living;



That it is necessary to renew the security doctrine

Adapt to the demands of the contemporary world,

Current constitutional framework, being necessary to have

A new Comprehensive Security System under an optical

Civilista, dynamic and suited to the new environment

International geopolitical;



That the number 11 Transitional Provision One of

The Constitution of the Republic provides that, within

Three hundred and sixty days since it came into force,

Be approved a law regulating public safety and

State; and



In use of the powers conferred upon the number 6

Article 120 of the Constitution of the Republic, issued the

Following:



LAW OF PUBLIC SAFETY AND STATE




Title I


The object and scope of the Law

Art. 1.- The object of the law.- This law is to regulate overall security of the democratic state

Rights and justice and all the inhabitants of Ecuador,

Ensuring public order, coexistence, peace and

Good living as part of their rights and duties as

Natural and legal persons, communities, towns,

Nationalities and groups, ensuring national defense,

Preventing risks and threats of all kinds, through

System of Public Security and the State.



The State shall protect Ecuador and Ecuadorian

Residing or domiciled abroad, as it

Provided for in the Constitution of the Republic, treaties

and international law.



Art. 2. In the fields of law.- Under this law will establish and implement policies, plans, strategies and

Appropriate action to ensure the sovereignty and integrity

Territorial, security of individuals, communities,

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

Peoples, nationalities and groups, and institutions,

Life of society in a comprehensive way,

Multidimensional, permanent, complementarity between

Public and private, initiative and provide citizens and

Prevention strategies will be developed for times

Grave crisis or social upheaval.



Cultural heritage will be protected, biodiversity,

Genetic resources, natural resources, quality of

Civic life, food sovereignty; and in the field of

State security protection and control of

Technological and scientific risks, technology and industry

Military, military equipment, possession and carrying of weapons,

Materials, biological and radioactive substances, etc.



Art. 3.- pública.- safety assurance is the duty of the State to promote and ensure the safety of all

Inhabitants, communities, peoples, nationalities and

Groups of Ecuador, and the structure of the state,

Through the System of Public Security and State

Responsible for public security and the State in order

To contribute to the collective well-being, integral development,

Full exercise of human rights and the rights and

Constitutional guarantees.


Title II

From the principles


Art. 4. Of the principles of public security and public safety and State.- The State shall be subject to the rights and guarantees established in the Constitution of the

Republic, international rights treaties

Human, and it is guided by the following principles:



A) Integralidad.- Public safety will be integral to

All inhabitants of Ecuador, communities, towns,

Nationalities, groups, society as a whole,

Public and private institutions, and includes actions

Conjugate prevention, protection, defense and punishment.


So, risks and threats that jeopardize be prevented

Against coexistence, security of the people and

State and the country's development; coexistence protect

And citizen security, sovereignty and defend

Territorial integrity; actions are punishable and

Omissions that violate public security and the State;



B) Public safety is Complementariedad.-

Responsibility of the State, which will promote a social order

democratic ensuring peaceful coexistence, with

Citizen participation and supervision for maintenance

Peace;



C) Priority and OPPORTUNITY.- the State's plans and

Security actions, will give priority to prevention

Based on prospecting and appropriate measures in cases

Risk of any kind;



D) Proporcionalidad.- shares security and

Resource allocation will be proportional to the

Prevention and protection needs, and the magnitude and

Significance of the factors that threaten the safety

Of the people and the state;



E) Prevalencia.- No legal rule may restrict

Content of rights and constitutional guarantees

Of the people, communities, peoples, nationalities,

Groups. Only in cases of states of emergency may

Temporarily limited the exercise of the right to

Inviolability of the home, inviolability of

Correspondence, freedom of movement, freedom of association

And assembly, and freedom of information in accordance with

Constitution, and;



F) Responsibility.- Public entities have the

Obligation to provide the means coordinately

Human, material and technology to fulfill

The purposes of this Act. Operational responsibility

Corresponds to the entity on whose scope and competence

Filed its mission, functions and legal nature

Assigned.


Title III


The system and public security organs
Chapter
I

The public security system and the state

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

Formed by the Presidency of the Republic, who

Heads, public entities, policies, plans,

Standards, resources and procedures with its

Interrelationships, defined to meet the object of the

This law; and organizations society

Contribute to public safety and state.



Agencies and institutions responsible
System
Public Security and State are subject to control

Higher organisms of state functions,

Legislative, judicial and social Control and Transparency.


Chapter II


Of the state public security organs, their purpose and composition



Art. 6. The Council of Public Security and the State.- The Council of Public Security and the State shall be

Consisting of:



1. President or President of the Constitutional

Republic, who shall preside;



2. Vice-President of the Constitutional

Republic;



3. President of the National Assembly;



4. President of the National Court of

Justice;



5. A Minister of Security Coordination;



6. A Minister of National Defence;



7. A Minister of Government, Police and Cults;



8. A Minister of Foreign Affairs;



9. Chief of the Joint Command of the Armed Forces;

4 - Supplement - Official Gazette No. 35 - Monday 28 September 2009

10. General Police Commander.



They may also include representatives of entities

Public, and representatives of entities of the company,

Citizens that the President or President of

The Republic may need to convene.



The Secretary of the Council shall be the minister of

Security Coordination or his substitute.



The Council of Public Security and State will meet

When convened by the President.






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



A) To advise and recommend to the President of the

Republic on policies, plans and strategies

State and its procedures regarding

Public safety; and



B) To recommend to the President of the Republic

Measures of prevention and intervention

Cases of serious incidents or threats affecting

Or may affect the integrity of the inhabitants and

State.





Art. 8. In the classification of acts of BOARD.- sessions of the Council of Public Security and the State,

Minutes and attached documents may be subject to

Classification and, consequently, only if they have been

Classified, they will be released after the expiration of the

Limits provided in this law.



Art. 9. The Ministry of Security Coordination or his veces.- The Ministry of State Security, or his substitute, is responsible for the

Development of public policy, planning

Comprehensive and coordination of the agencies that make

System of Public Security and the State and

Also monitoring and evaluation of actions

Approved security.



Art. 10. Functions of the Ministry of Security Coordination or his veces.- The Ministry of State Security or the person acting comply

The following functions:



A. Preparing the National Plan of Integrated Security and

Policy proposals and public security

State with the joint contribution of other entities

State and citizens to put in

Consideration of the President of the Republic and the

Council of Public Security and the State.



The National Comprehensive Security Plan should be

Prepared in accordance with the National Plan

Development;



B. Provide technical assistance to implement the purpose

Of this law;



C. Conduct monitoring and evaluation in accordance with

Policies, plans and projects of public safety;

D. Coordinate the actions of the executive bodies of the

Public and state security;



E. Conduct research, studies and analysis permanent

In public and state security;



F. Coordinate with the National Intelligence Secretariat,

According to have a timely and smooth

Strategic information for decision-making in

State security policies, and put

Promptly inform the President or

President of the Republic;



G. Suggest to the President or President of the Republic

Convene the Council of Public Security and the State

When the situation warrants;



H. Coordinate the development and implementation of the Plan of

National mobilization, when circumstances of crisis or

National commotion, require;



I. Elaborate studies and reports of livelihood for

Recommendations should the Council

Public Security and the State President or

President of the Republic on matters concerning

Strategic areas and safety zones, prior

Report of the Joint Command;



J. Act as Secretary of the Security Council

Public and State management responsibility

Documentary, archives and custody of information

Classified;



K. To inform the President of the

Republic on its management;



L. Coordinate with the autonomous governments

Decentralized and civil society to achieve

Comprehensive articulation of national defense, order

Public and public safety, in terms

Established in this law; and



M. Other available to the President or the President of

The Republic and this law.


Chapter III

Of the executive bodies


Art. 11. Of the ejecutores.- bodies The executive bodies of the Public Security and the State

Will be responsible for the actions of defense, public order,

Prevention and risk management, as the following:




A) From the defense: Ministries of Defense, Foreign Affairs and Defence Forces Armadas.- of state sovereignty and territorial integrity will

Governing bodies such as the Ministry of Defence and of

Foreign Affairs in the areas of their

Responsibility and competence. It corresponds to the

Armed Forces execution to fulfill its

Fundamental mission of defending the sovereignty and

Territorial integrity.



The Ministry of Foreign Affairs, in agreement
He
with the Ministry of Defense, will coordinate the

Cooperation, exchange of information and operations

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

Military combined with other countries, according to the

International instruments and treaties, under the

Respect for national sovereignty, the rights of

Individuals, communities, peoples, nationalities and

Groups defined in the Constitution and the law;

B) law enforcement: Ministry of Government, Police and Cults, and Nacional.- Police Internal protection, maintenance and control of public order will

As governing body, the Ministry of Government, Police and

Cults. It corresponds to the National Police execution,

Which contribute to public efforts,

Community and private to achieve security

citizen, protection of rights, freedoms and

Guarantees citizenship. It will support and implement all

Actions in the sphere of their responsibility

Constitution to protect the inhabitants in

Situations of violence, common crime and crime

Organized. It will coordinate its action with the organs

Corresponding judicial function.

The National Police will carry out its tasks so

Decentralized at local and regional level, in close

Support and collaboration with the autonomous governments

Decentralized.

The Ministry of Foreign Affairs, in agreement

With the Ministry of Government, Police and Cults,

Coordinate cooperation, information exchange

And police operations agreed with other countries,

Accordance with international instruments and treaties,

Within the framework of respect for national sovereignty and

Rights of individuals, communities, towns,

Nationalities and groups defined in the Constitution

And the law;

C) Prevention: Entities Responsables.- In terms of this law, prevention and protection

Coexistence and citizens' security, correspond to

All entities. The National Plan
Integral Security
set priorities and designate

Public entities responsible for their implementation,

agreement type and nature of the risks, threats or

Prioritized measures of protection or prevention. each

State ministry and develop a plan structured

Action in accordance with the national plan

Comprehensive security, according to its management area.

The Ministry of Government, Police and Cults ensure

Coordinate their actions with governments

Decentralized autonomous within their

Powers for action closer to citizens and

Convergent with it; and

D) risks.- management and prevention measures to deter, reduce and mitigate risks

Natural and anthropogenic origin or to reduce

Vulnerability, correspond to public entities and

Private, national, regional and local. The rectory

Exercised by the State through the National Secretariat

Risk Management.


Chapter IV


Of the permanent bodies of coordination, technical support and advice

Art. 12.- Movilización.- the National Directorate of National Mobilization Directorate is a unit

Administration of the Ministry of Security Coordination

Or his substitute, responsible for the development and

Implementation of national mobilization plans. The Director

Mobilization shall be appointed by the Ministry of

Security Coordination or his substitute.



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

Public law with administrative independence and

financial, legal personality, responsible

National Intelligence System. The head of the Ministry


National Intelligence shall be appointed by the President or

The President of the Republic and may not be an active member

Of the Armed Forces or the National Police.



Art. 14. From intelligence and contrainteligencia.- For purposes of this Act shall apply:



A) intelligence, the activity consisting in obtaining,

Systematization and analysis of the specific information

Referred to threats, risks and conflicts affecting

To comprehensive security. The intelligence

Is substantial for decision-making on

Security; and



B) Counterintelligence, intelligence activity that

Performed in order to prevent or counteract the

Effectiveness of intelligence operations that

Pose threats or security risks.





Art. 15. The functions of the National Secretariat of Inteligencia.- The National Intelligence Secretariat is 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

Among other things must contain the goals

Periodic actions and procedures

Coordination between the various entities

Comprise the National Intelligence System. plan

To be approved by the President of the

Republic;



B) To coordinate and implement activities for obtaining and

Information analysis for production

Relevant knowledge and intelligence, to

Ensure public and state security and good

Live;



C) Coordinate, coordinate and integrate activities and

Operation of military and law enforcement agencies

National Intelligence System, and

For security of the Presidency of the

Republic and the like that are created in the future,

In their fields and levels, as well as relations with

Intelligence agencies of other states;



D) Provide, in a timely, simultaneous and fluidly,

Strategic intelligence to the President of the

Republic and the Ministry of Coordination

Security or his substitute, so that this

Last preparing proposals and scenarios for the

Council of Public Security and the State provide

Advice and recommendations to the President or

President of the Republic;

6 - Supplement - Official Gazette No. 35 - Monday 28 September 2009

E) contribute to maintaining the integrity and

Independence of the state, the state of rights and

Justice; its institutions and crime prevention

Organized. You can not count among its members

Foreign personnel; and



F) Other established by this Act and the regulations

To be issued for the purpose.





Art. 16. From the organization and functioning of the National Secretariat of Inteligencia.- responsibilities, specific functions, prohibitions,

Procedures, hierarchies, lines of command, classification and

Levels of accessibility of information, the

Establishment of systems of checks and balances

Agency or procedures to preserve

Secret, the reserve classification, reclassification and

Declassification of information, and the correct use and destination

Information from the National Intelligence Secretariat

Will be established in the regulations of this Act.



Art. 17. information.- the requirement Depending on the security of the State, ministries and other entities
public
delivered to the National Intelligence Secretariat

Information requested of them; including

Classified information which must be issued with

Classification granted, which will be subject to declassification

In the terms or conditions under the Act.



Before requesting information from ministries and agencies

Public, the National Intelligence Secretariat should

To inform this decision to the President or

President of the Republic. Public entities

Mentioned not provide this information if the

Request compliance with this requirement is not demonstrated.




Art. 18. Of the especiales.- expenses The National Intelligence Secretariat will have a permanent fund spending

Special assigned to intelligence activities and

Counterintelligence for internal protection,

Maintenance of public order and national defense,

Whose use is not subject to the rules laid down in the law that

Regulates the national public procurement system.



The permanent fund reserved expenses recorded in the

General State Budget, an amount that will access

Public, no allocations of expenses will be

Classified information.



Art. 19. From the classification of the information agencies safety.- The National Secretariat of Intelligence and security agencies may classify

Information resulting from investigations or

Activities undertaken by reasoned decision of

The highest authority of the respective entity.



The information and documentation is classified as

Quiet, secret and top secret. The regulations of the law

Determine the basis for classification,

Reclassification and declassification and access levels

Exclusive to classified information.



All classified as confidential and secret information will be

Freely available after five and ten years,

Respectively; and if after the expiration Secret

Fifteen years.

The information classified as top secret will

Declassified or reclassified by the Ministry of

Security Coordination or his substitute. Non

Reclassification exist, it will automatically declassify

Once the deadline of fifteen (15) years fulfilled.



In exercise of the rights and individual guarantees the

Citizens may sue before the Constitutional Court

Declassification of information in the event that

There are serious presumptions of rights violations

Human or commission of illegal acts.



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

Covert, requiring hold, open, intercept or examine

Documents or communications by any means,

So reasoned request President of

The National Court of Justice authorization

Corresponding reserved by request, which

Will consist in the special registers that, for effect,

Keep the judiciary.



In the regulations issued by the National Council of

Judicial proceedings be established to determine

The competent court in case of impediment of the President

Of the National Court of Justice or the Specialized Chamber

Criminal appeal the case.



These special declassify records within

Fifteen (15) years provided in this law.



The application it will be resolved so motivated by the judge in

Maximum period of twenty-four (24) hours. All

Judicial proceedings relating to such applications shall be

Booking. The judge may deny the request for impertinence

Or severe impairment to the rights of subjects on

Who exercised the covert operation, or consider

Whose sole objective the political benefit of

Requesting. The refusal can be appealed before the Board

Specialized Criminal Court of the National Court of Justice,

Up within three (3) days, which may solve

Modifying the resolution coming in degree.



Judge to grant the authorization, it will be granted until

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

automatically; unless there are application duly

Justified for renewal only once; and it was

Granted by the presiding judge again; in this case,

Period may be extended for up to sixty days (60)

Whenever necessary to complete the

Research.



The authorization granted by the judge by profession, will

Instructions to guide compliance

Constitutional guarantees.



Art. 21. From the destruction of information that does not lead to action penal.- If the information collected in covert operations would not lead to the start of the


Corresponding criminal action, all holders of

Recordings and documentary information obtained should

Be destroyed or deleted, prior authorization and in the presence

The presiding judge.



In this case, prior to destruction should form

Notify the person who was under investigation,

Who form prior to destruction is entitled to

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

Meet the procedural parts, as the term

Procedure established in the regulations to

This law.



Art. 22. From Prohibition.- No intelligence agency is authorized to obtain information,

Produce intelligence or store data about people,

Solely because of their ethnicity, sexual orientation, creed

Religious, private actions, political position or accession

Or party membership, social organizations,

Union, community, cooperative, assistance,

Cultural or labor, as well as the lawful activity that

Develop in any sphere of action.




Title IV



Citizen security
Art. 23. From SAFETY.- Public safety is a state policy, aimed at strengthening

And modernize the mechanisms necessary to ensure

Human rights, especially the right to a life free

Violence and crime, lower levels

Crime, protecting victims and improving

Quality of life for all inhabitants of Ecuador.



In order to achieve solidarity and reconstitution

Social fabric, will focus on the creation of adequate

Conditions prevention and control of crime; the

Organized crime; kidnapping, trafficking in persons;

Smuggling; the coyoterismo; drug trafficking, trafficking

Weapons, organ trafficking and any other

Crime; social violence; and the violation of

Human rights.



Service and preventive measures Priority will be given to the

Citizenship, registration and access to information, executing

Citizens crime prevention programs and

Eradication of violence of any kind, improved

Relationship between police and the community, provision and

Quality measurement in each of the services,

Monitoring mechanisms, assistance and response equipment

technology that allows institutions to monitor,

Control, auxiliary and investigate the events that occur

And they threaten to citizenship.


Title V


Control the security organs

Art. 24. Del control.- The National Intelligence Secretariat and the highest authorities of the bodies

Executors of his administration accountable for its due

Control the executive and three (3) months to the Assembly

National, through the relevant Specialist Commission

Which shall be declared in session reserved for the

Fulfillment of this obligation.



Will report also to the Comptroller General

State in the field of competence. The Secretariat

National Intelligence shall have the

Prior authorization of the judiciary as

This Act.



Art. 25. Control the mechanism interno.- Each agency of the National Intelligence System established

Internal control mechanism concurrent that, as

main guarantees:



A) To ensure the proper performance of functions and

Responsibilities assigned to each

Servers that provide services within the system

National Intelligence;



B) detecting leakage of information;



C) forewarn that the procedures used in

Intelligence matters not undermine the guarantees and

Constitutional rights; and



D) To identify cases where System servers

National Intelligence engage in overstepping

Powers or functions.



All of which will be evaluated by the National Secretariat

Intelligence.



Art. 26. From control expenditure especiales.- The accountability for the use of special expenses incurred

National Intelligence Secretariat will be held before the


General Comptroller of the State under the procedure

This official issue for the purpose, in which

Necessarily it is established that the costs incurred

Should be instrumental backing.



From these documents be retained only those

Allow to know the fate of the special expenses, but not

Their beneficiaries so that they can be declassified within

Period of fifteen (15) years provided in this law. the

Others will be incinerated by the Controller.



Art. 27.- Interruption and caducidad.- If there are signs of civil, administrative responsibility and

Criminal, without exception, know that once

It raised the classification of information, it is presumed

Which it has operated the interruption of prescription and

Expiration for all time classification of

Information, so the prescription and limitation

Begin from the date the information was

Public.


Title VI


In states of emergency
Chapter
I

Definition and declaration of states of emergency



Art. 28. From Definition.- States of emergency are the answer to serious threats of natural or anthropogenic origin

Affecting public safety and state. State

Exception is a scheme of legality and therefore not

May commit outrages on the pretext of his statement.



Art. 29. From declaratoria.- The power to declare a state of emergency by the President or President

Of the Republic and is delegated.



Motivated Executive Order declaring a state of

Exception comply with the principles of necessity,

Proportionality, legality, temporariness, territoriality and

8 - Supplement - Official Gazette No. 35 - Monday 28 September 2009

Reasonableness set out in the Constitution. Decree

Will be conducted in case of strict necessity, ie if the

Institutional order is not able to respond to threats

Safety of people and the state.

The Decree shall state the cause, motivation, scope

Territorial, duration and measures. It should contain as

Clear and precise functions and activities to be implemented by

Public and private institutions involved.

The declaration of a state of emergency will not interrupt

Normal functioning of state functions.



Art. 30. Of the requirements to declare a state of Exception. The formal process to declare a state of emergency shall be as specified in the Constitution of the

Republic, Law and international instruments

Protection of human rights.

The emergency measures should be direct and

Specifically aimed at averting the causes

Generate objective fact and to prevent the extension of its

Effects.

Any measure decreed during the state of emergency

Should be proportional to the situation that you face,

Depending on the severity of the objective facts,

Nature and scope.

No may dictate measures that violate

International obligations assumed by Ecuador in

International and human rights treaties.

The scope of the state of emergency decree

Be limited to the geographical area where such measures

Necessary.

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

Exigencies of the situation they want to face, it will prevent

Its undue extension and will be valid until a period

Maximum of sixty (60) days, renewable for up

Thirty (30) days maximum.



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

Exception and its renewal, if any, should be

Notified to the National Assembly and the Court

Constitutional; and in the international arena to

United Nations Organization-UN and

Organization of American States - OAS, if

Suspension or limitation of rights and guarantees

Constitutional.

The notification must be made within 48 hours

Its signature, explaining the basics and causes


Led to its establishment or renewal, and measures

Arranged.

If the President fails to notify the declaration of

State of emergency or renewal, if applicable, it is

Will understand expired.



When finished state of emergency for having

Disappeared the causes that motivated or termination

Period of its declaration, the President or the President of

The Republic shall notify within forty

Eight (48) hours attaching the respective report.

If circumstances warrant, the National Assembly

May revoke the decree at any time, without prejudice

's Pronouncement on its constitutionality can

Make the Constitutional Court.
Chapter II


In cases of emergency



Art. 32. Cases of State Exception. cases provided for in the Constitution of the Republic to declare

State of emergency are: aggression, armed conflict

International or internal, serious internal commotion, calamity

public or natural disaster.



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

State official will be duly verified

Administrative, civil and criminally sanctioned, and

Considering international protection instruments

Human rights.



The civilian, military and police authorities will be

Responsible for the orders they give. Obedience to

Superior orders not hold harmless

Who run them, as it provides the last paragraph of

Article 166 of the Constitution of the Republic.



Art. 34. In coordination in case of disasters naturales.- If disaster planning, organization, implementation and coordination of tasks

Prevention, rescue, remediation, assistance and relief

Will be borne by the body responsible for defense

Civil, under the supervision and control of the Ministry of

Security Coordination or his substitute,

Preserving the maintenance of public order and free

Exercise of rights and liberties

Guaranteed in the Constitution.



The head of the civil defense agency act

Coordination with decentralized autonomous governments

And civil society, also it has the support of

Armed Forces and other agencies required for

Prevention and safety protection, implement the

Prevention and mitigation measures necessary to

Address them and minimize their impact on the population.



Art. 35. From the complementary actions of the Armed Forces and Police Nacional.- declared a state of emergency and whenever the President of the Republic

Has ordered the use of the Armed Forces and the

National Police, should coordinate actions so that

Armed Forces support the National, Police responsible

Maintaining public order, until it has

It has been restored. Will the Minister of Government, Police and
Cults
responsible for the coordination of actions

Between the National Police and the Armed Forces.
Chapter III


From the mobilizations and requisitions

Art. 36. From movilización.- declared a state of emergency, the President of the Republic may order

National Mobilization, which will be implemented through

National Mobilization.

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

The National Mobilization, either total or partial, comprises

Step from ordinary activities of the State to those of

Crisis, conflict or other national emergency,

Human or natural factors, and will involve the forced order

Provide individual or group services, whether to

Domestic and foreign, or natural or legal persons.



The demobilization shall be decreed by the President or the

President of the Republic, as will restore the

Security conditions had been affected.



Art. 37- Of the requisiciones.- To fulfill mobilization in states of emergency, the President of

The Republic, by decree may provide all or

Part of the national territory, the requisitioning of goods


Property belonging to legal persons or

Natural, national or foreign.



Non-expendable property seized will be returned to their

Owners once satisfied the need that motivated the

Requisitioning or the end of state of emergency, according

Appropriate.



All requisitioning of goods and services, to

End the state of emergency should be compensated

Immediately, with compensation to fair value

Service, goods or works provided to the State.

Also be compensated with fair value of goods

Fungible requisitioned.



The regulations of the Law establish procedures

Requisitioning, responsible, use of goods and services,

Values ​​corresponding compensation, terms and

Payment arising from the use thereof.


Title VII


Of Security Zones: Zones border security and security areas reserved



Art. 38. From the security zones: Border Security Zones and reserved safety.- For security zone areas means the Ecuadorian territorial space

Whose strategic importance, features and elements

That form, require special regulation with

Order to ensure the protection of this area before

Any serious effects or security threats

Object of this law.



Are subject to special regulation goods, spaces

Geographical, services and activities that are in

This area.



The National Comprehensive Security Plan will consider

Prevention and protection for the safety of

Borders.



Areas are security, border and areas

Reserved security established by the President or

President of the Republic, on the recommendation of the Council

Public Security and the State, following a report

Prepared by the Ministry of Security Coordination or

His substitute.



Art. 39. In the delimitation of area frontera.- The border security zone covers the land for twenty

(20) kilometers from the border limits inward

National territory, maritime space of ten (10)

Nautical miles, and the corresponding airspace.



Art. 40. From the ban on extranjeros.- to natural or legal persons is prohibited and foreign

National legal entities formed by one or more

Foreign natural or legal persons, possession,

Acquisition and land concessions in areas of

Border security and security areas reserved,

Except for towns and urban spaces located

In these areas.



Land acquisitions are also exempted and

Concessions made by:



1. Marriages and de facto unions legally

Recognized, of Ecuadorians with

Foreigners whose conjugal society and indeed have

At least 5 years duration; and



2. national legal entities whose foreign partners

Are domiciled in the country for a period of

At least 5 years continuous and uninterrupted.



The regulations of this law will define the terms of their

Application.



Art. 41. The report of the Ministry of Defense-will require mandatory report of the Minister or

Minister of National Defence for the case of execution

Plans, programs and projects in security zones.




Title VIII


From the strategic sectors of state security
Chapter
I

Regulation and control of strategic sectors of state security



Art. 42.- regulation of strategic sectors of security State.- are strategic sectors of the state security under the Constitution and

Related to the defense industry, security

Internal, scientific and technological research for purposes

Defense and internal security.



At the request of the Council of Public Security and State

The Ministry of Security Coordination or whoever

Their times will issue the report on the

Impacts on state security have been generated


Or may be generated by the activities concerning the

Strategic sectors.



The Ministry will issue corresponding regulations

Respective order to regulate the use of areas or zones around

Areas corresponding security.



The decentralized autonomous governments shall abide by the

Provisions of this regulation regardless of their

Administrative autonomy.



In the case of scientific research institutions and

Technology, the State may enter into agreements for the purpose

Defense, internal security and prevention.

10 - Supplement - Official Gazette No. 35 - Monday 28 September 2009

Art. 43. From the protection of facilities and Infrastructure.- The Minister of National Defence in circumstances of insecurity endanger critical

Serious risk or management of public enterprises and

Private, responsible for management of the sectors

Strategic provide the armed forces, as a measure

Prevention, protection of facilities and

Infrastructure necessary to ensure the normal

Operation.




Chapter II


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


Collegiate
Art. 44. The participation of members of the Armed Forces and the National Police in directories and colegiados.- bodies In keeping with its non-deliberative nature, active members of the Forces

Armed Forces and National Police may not participate in

Directories, commissions, committees, advisory councils and

General collegial bodies of institutions, companies

Public and regulatory and control bodies, except

Of social security institutions of the armed forces and

National police, and those related companies

Directly with the internal and external security.




Title IX



Citizen participation
Art. 45. From ciudadana.- Citizenship Participation may exercise its right to participate in the system

Public Security, in accordance with the requirements of

Constitution, the laws of citizen participation

And social control, individually or organized way, in the

Process of defining public policies and actions

Planning, evaluation and control for the purposes of

This law; except participation in the implementation

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

Charge of the Armed Forces and the National Police.



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

Collaborate with the maintenance of peace and security.




Title X

Infringements


Art. 46. ​​Of the infracciones.- Criminal Violations of this law shall be punished in accordance with

Criminal laws.




GENERAL PROVISIONS


FIRST.- In all laws where reference is made to the National Security Council -COSENA- should

Ministry said Security Coordination.



TWO.- members of the National Police and Armed Forces to become part of the

Agencies in charge of the National Secretariat

Intelligence, will not suspend the continuation of his career

Police or military, during the time they pay their

Services at that institution. During that time, they will

Subject to compliance with orders from the

Authorities of the National Intelligence Secretariat

Exclusively.



The same situation will be observed for cases of staff

Subject to civil LOSCCA that becomes part of the

Intelligence services.



THIRD.- The National Technical Secretariat for Human Resources Development and Compensation Sector

Public, SENRES, fixed on the basis of this law,

Its general implementing regulations and organizational structure

By processes of the National Intelligence Secretariat, the

Particular rules related to career

administrative, categorization, promotion, sanctions, etc.

For the staff of the National Secretariat

Intelligence.




TRANSITIONAL PROVISIONS


FIRST.- The Plenum of the National Judicial Council within thirty (30) days from the


Enactment of this Act, the regulations issued

Regulate the special register on requests

Intelligence agencies related to operations

Covert and prosecutions of them arising,

Which retain the reservation.



TWO.- public servants who are serving in the General Secretariat of COSENA under

Appointment or contract, subject to a process

Evaluation, qualification and selection according to the

Requirements and implementation of the purposes of this Act,

Within the framework of the rationalization of resources, will go to

Part of the Ministry of Security Coordination,

Or his substitute.



The police and military personnel who are

Performing functions in the General Secretariat

COSENA, will go to the corresponding

Military and police authorities. The assets of the

COSENA General Secretariat, will be part of

Coordinating Ministry of Security, or his

Times.



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

Intelligence, functions, powers, representations,

Delegations, rights, obligations, units and

Budget, will be transferred to the National Secretariat

Intelligence (SNI) in everything not contrary to the

This law.



Public servants who are providing services

In the National Intelligence Directorate, under
They
appointment or contract, is subject to a process of

Evaluation and selection, according to the requirements and

Implementation of the purposes of this Act, in the context of

Rationalization of resources, a preliminary step to join the

National Intelligence Secretariat.



FOURTH.- Fusiónase absorption Executive Corporation for the Reconstruction of Affected Areas

Supplement - Official Gazette No. 35 - Monday, September 28, 2009 - November

By El Niño - CORPECUADOR, the

National Secretariat for Risk Management. Within

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

Republic issued by Executive Decree, the

Procedure for execution, after which time

Means its founding law repealed, except

Provided in the following paragraph.



The Ministry of Finance immediately transferred to

Body merged funds required

CORPECUADOR to carry out the works

Planned, allocated and controlled by it until 31

December 2009, in addition to others that require

To prevent possible flooding.
Funds
Originated in the letter g) of Article 9 of the Law of Creation

Of CORPECUADOR will be allocated to the Ministry of

Agriculture, to develop programs increased

Productivity of small banana farmers.




FINAL PROVISION
derogated all general and special provisions that contravene of

Expressly to this Law, in particular the following:



1. The National Security Law, enacted in

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

Amended;



2. General Regulations of the NSL,

Promulgated in the Official Gazette No. 642 of 14

March 1991 and all its amendments; and



3. Article 7 and letters d) and l) of Article 16 of the Law
Organic
National Defense promulgated in

Official Gazette No. 4 of 19 January 2007.





This law will take effect from the date of its

Publication in the Official Gazette.





Done and signed at the headquarters of the National Assembly,

Located in the Metropolitan District of Quito, province of

Pichincha, on the tenth day of September, two thousand

Nine.





F.) Fernando Cordero Cueva, President of the Assembly

National.



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

National Assembly.







I hereby certify that the bill PUBLIC SAFETY AND STATE was discussed and approved in the first debate on 1 and July 7, 2009 and in second debate

The July 24, 2009, by the Legislative Commission and


Control; and the National Assembly ruled

The partial objection of the President of the Republic

On 10 September 2009.



Quito, September 21, 2009



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

National Assembly.

Quito, DM, August 13, 2009

JUDGMENT No. 020-09-SEP-CC

CASE: 0038-09-EP

Constitutional Substantiating Judge: Dr. Patricio Herrera Betancourt





THE CONSTITUTIONAL COURT for the transition period



I. BACKGROUND admissibility Summary



The General Secretariat of the Constitutional Court for

Transition period (Constitutional Court) under

Article 437 of the Constitution and Article 52 of the Rules

Of Procedure for the exercise of the powers of

The Constitutional Court for the transition period,

Received on Wednesday, January 28, 2009, by the

Attorney General, Dr. Diego Garcia Carrion

An extraordinary action of protection marked with No.

0038-09-EP, in which the self is challenged dictated the

October 21, 2008 at 08h20 by Mr.

Doctors: Hernán Salgado Pesantes, Jorge Moncayo Endara

And Marco Antonio Guzman, former judges of the Chamber

Administrative of the former Supreme Court

Justice (now National Court of Justice); auto by

Which refuse to admit the appeal against

The judgment of the District Court # 2 of the

Administrative Disputes of Guayaquil on 11 April

2007 at 08h20.



The Board of Admission of the Constitutional Court, for

Transition period, consisting of the Judges

Doctors: Pazmiño Patricio Freire, Roberto Bhrunis Lemarie

And Patricio Herrera Betancourt, avocan knowledge of this

Cause and after an exhaustive review of the action

Proposal and accompanying procedural parts, admit

Procedure pursuant to Article 6 of the Rules of Procedure.

The Secretary General of the Constitutional Court,

Pursuant to Article 7 of the

Rules of Procedure, certified that has not been submitted

Another lawsuit with identity of subject, object and action.



The Substantiation Third Chamber, composed of

Gentlemen doctors: Hernando Morales Vinueza, Manuel

Viteri Olvera and Patricio Herrera Betancourt, under the

It provided for in Article 8 of the Rules of Procedure and

After the corresponding draw, it took cognizance of

This cause the June 1, 2009 at 15h05, ordering

Is made to know the contents of the demand and providence

The judges of the Special Chamber

Administrative Litigation of the National Court

Justice and the Food Manufacturers Association

Balanced (AFABA). day Wednesday 17 states

June 2009 at 10h00, as the date to take place

Public Hearing, as set out in Article 86

Related Laws