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Everything you need to know about Decree 463 which establishes a state of exception in Azuay, Imbabura, Sucumbíos and Orellana

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By Executive Decree 463, a state of emergency was declared in Azuay, Imbabura, Sucumbíos and Orellana due to serious internal unrest. It is an 18-page document in which articles are exposed and that is what is established.

The executive decree comes into force from the date of its signature – June 29 – without prejudice to its publication in the official register.

The first article explains that this declaration is due to violent actions that have disturbed public order, provoking situations of violence, attacking reserved areas and shortages endangering the safety of citizens. The supply of medicines, medicinal gases, oxygen for hospitals and clinics, food as well as against the integrity and life of citizens in the indicated provinces.

“This situation requires an emergent intervention by state institutions to protect security, guarantee citizens’ rights, public order and social peace,” the document said.

The declaration of a state of emergency will be valid for 30 days. Term based on the maintenance of the reinforced presence of the State in the indicated territory for a sufficient time to be able to reinforce public order, scenarios of violence against people and public and private property.

A safety zone is established as any zone of influence which includes the reserved safety zones where the hydrocarbon exploitation fields and their installations are located, the hydrocarbon blocks and complexes found in the provinces of Orellana and Sucumbios. The objective is to provide protection in this area.

The armed forces are ordered to form a joint air force to achieve the objective of the security zone.

Mobilization of administrative entities

The mobilization in the territorial space, indicated in article 1, of all the entities of the public administration, central and institutional, of the Armed Forces and of the National Police is arranged so that they coordinate their efforts within the framework of their skills to perform the actions necessary to maintain order. Also guarantee the free movement of people, the supply of food, medicine and medicinal gases as well as the right to free movement and the development of economic activities.

“The mobilization of the armed forces and their participation in the restoration of public order will complement the actions of the national police,” it read. The purpose of the police will be to strengthen internal control to guarantee the integrity and peaceful coexistence of citizens.

Limitation of rights

The exercise of the right to freedom of association and assembly of demonstrations during which acts of violence occur, in strict relation to the reasons for the state of emergency, is suspended in the territorial space, indicated in the first article. Respect the principles of proportionality, necessity and adequacy and strict respect for other constitutional guarantees.

What is the suspension of the right to freedom of association and assembly of persons? By limiting the spread of violent actions in public space 24 hours a day in order to violate the rights of other citizens.

Peaceful demonstrations and all peaceful activities that do not aim to aggravate the situation of serious internal disturbances are excluded. The rights to freedom of association and assembly of citizens who do not engage in non-violent activities will then be guaranteed.

Curfew

Freedom of transit is limited from the publication of the executive decree. The traffic restriction hours will be daily from 9:00 p.m. to 5:00 a.m. in the province of Azuay.

While in Sucumbíos and Orellana, freedom of movement has been restricted since the decree was issued daily from 7:00 p.m. to 5:00 a.m.

Those who circulate during curfew hours will be eliminated by order of the competent judicial authority.

In Imbabura, there is no curfew.

Exceptions to freedom of movement

  • Health services of the global public health network and the private complementary network.
  • Public security, complementary private security and risk management and emergency care services.
  • Road emergency services.
  • Civil servants from the Ministry of Government, the Ministry of Interior and the diplomatic corps.
  • Civil servants or staff of contractors of public entities who certify that they must travel to ensure the continuity of public services.
  • Workers in the supply chain of the export sector, who must demonstrate that they work in a company of that sector and, if applicable, the legality of the goods they transport.
  • People who need to travel to and from airports for scheduled flights during curfew hours.
  • Lawyers, provided they demonstrate the need to attend a court proceeding, officials of the Constitutional Court and officials of the judiciary.
  • Social media workers.
  • Workers in strategic sectors defined as such in the Constitution.
  • Persons who, in the exercise of their economic activities, supply a production line in accordance with the provisions issued by the government ministry for this purpose.
  • The Ministry of Government in the spaces where this state of exception applies, may authorize the carrying out of activities such as public events, tourist activities and the like in places where there is no risk of violence after evaluated it.

People immersed in these exceptions must prove it with documents. The armed forces, the national police and the control agents are entitled to demand documentation proving that they carry out an activity excepted from any person who circulates during the hours of curfew.

requisitions

The requisitions to which it is necessary are arranged to maintain the services which guarantee the rights of the people and the internal order and security. Requisitions will be made in case of extreme necessity and in strict compliance with the legislation applicable to this situation.

Any requisition of goods or services will be carried out in accordance with the provisions of the Public and State Safety Act Regulations and the applicable Property Requisition Regulations.

use of force

Law enforcement officers must respect the progressive use of force and applicable principles. The level of force to be used will depend on the danger or threat the servers are exposed to.

The force to be used will depend on the danger or threat to which the servers, people and their property are exposed and the level of aggression or resistance presented by the person intervened.

watchful controller

The Comptroller General of the State must oversee the correct use of State assets within the framework of this State of Exception. If it turns out that they have been diverted from their destination, it is up to them to initiate the corresponding lethal processes.

paths

Arrange with the Ministry of Transport and Public Works the use of machinery and equipment for the immediate clearance of poor roads in the indicated provinces.

Support from Municipalities

Decentralized autonomous governments should support and coordinate with the national police and the armed forces, to ensure the normal functioning of mass confluence popular markets so that the supply and supply of basic foodstuffs and daily consumption are ensured, ensuring the safety of these places.

With regard to the circulation and circulation of vehicles in the city, it is their responsibility to carry out the control of documents and registrations, as well as to respect the safety rules in the prohibition of transporting people in the dumpsters of vans or trucks, and provisions must be enforced and penalties for this type of violation.

At the end of the decree, the suspension of the exercise of the right to the inviolability of the home and to free movement, to freedom of association and assembly is notified.


Source metroecuador.com

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