The president of Ecuador, Daniel Noboa, again decreed on Tuesday for the third time a state of emergency in part of the country’s territory, after the previous two declarations were revoked by the Constitutional Court, considering that the measure was not sufficiently argued.

This new state of emergency for 60 days covers six provinces (Guayas, Los Ríos, Manabí, Orellana, Santa Elena and El Oro) and the municipality of Camilo Ponce Enríquez, a mining enclave in the southern Andean province of Azuay where the mayor was murdered in April and this week eight bodies with signs of torture were found in a mining concession.

In these territories the measure contemplates the suspension of the rights of inviolability of the domicile, inviolability of correspondence and freedom of assembly, according to the decree, which extends for more than 50 pages to support this declaration.

It also implies the mobilization of the Armed Forces and the National Police to carry out operations against organized crime gangs, to which Noboa has declared “war” since the beginning of the year by raising the fight against them to “internal armed conflict,” with which he has come to classify them as terrorist groups and non-state belligerent actors.

The Presidency of Ecuador stressed in a statement that on this occasion the decree of the state of emergency “has the support of the World Association of Jurists (WJA, for its acronym in English),” in view of the analysis of the legality of the measure that must be carried out again by the Constitutional Court.

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On this occasion, the decree of the state of emergency establishes that the Constitutional Court may have access to secret reports from the Government authorities in case they need to review them to evaluate the relevance of the measure, without this implying the declassification and public access of them.

The Constitutional Court validated the first state of emergency decreed by Noboa at the beginning of the year and that was in force for 90 days throughout the country, broadcast as a result of a spiral of violence by criminal gangs that included simultaneous riots in several prisons in the country with about 200 hostages and the taking of the TC Television channel by a group of armed men during a live broadcast.

Subsequently, Noboa issued two focused states of emergency that covered several provinces, but in both cases the constitutunal court considered that “the facts mentioned in the decree do not specifically constitute the cause of internal armed conflict.”

The magistrates stressed that, for the most recent decree, the argument of the internal armed conflict “was the only (reason) invoked by the President of the Republic.”

“It should be remembered that, due to its important legal implications, both the reiterated jurisprudence of this Court and international law, have established that in order to configure the cause of internal armed conflict, two parameters must be considered that address the seriousness of the situation of violence,” the Court said.

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Between those two parameters cited by the court is “the level of organization of the armed group and the intensity of hostilities.”

“However, in the decree and in the reports that support it, no indications related to these parameters are mentioned,” he concluded.

However, the Court clarified that “the finding that the declaration of a state of emergency does not meet the requirements provided for in the Constitution does not imply a lack of knowledge of the serious acts of violence and the complex circumstances that the country is going through.”

He also recalled that his decision does not affect the powers provided for in the ordinary legal system for the Executive to use the Armed Forces to fulfill its constitutional mission, since the Ecuadorians approved by a large majority in a referendum held in April that the military support the Police in operations against organized crime without the need to issue states of emergency.

Organized crime gangs, mainly dedicated to drug trafficking, are credited with the wave of violence that plagues Ecuador and that has led it to be the first country in Latin America in homicides per capita, with a rate of about 47.2 per 100,000 inhabitants in 2023, according to the Ecuadorian Observatory of Organized Crime (OECO).

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