Ecuador’s Constitutional Court has ruled against President Daniel Noboa’s state of emergency, which he had referred to as the “second phase of the war” against organized crime gangs. Decree 275, covering seven provinces and one municipality, had suspended the right to the inviolability of the home. However, the court declared it unconstitutional, stating that the conditions for an internal armed conflict were not met.
The court emphasized that any declaration of a state of emergency must meet specific legal requirements to be considered constitutional. While acknowledging Ecuador’s complex circumstances and acts of violence, the court pointed out that President Noboa had only cited an internal armed conflict as a reason for declaring a state of emergency without providing any evidence related to its severity.
It is important to note that President Noboa’s decision does not impede his ability to use military force against organized crime groups, as approved by a referendum in April. The court’s recent ruling differs from its earlier decision earlier this year, indicating a shift in its evaluation of whether an internal armed conflict exists in Ecuador.
President Noboa has elevated his fight against organized crime groups to the level of an internal armed conflict, designating them as terrorist organizations involved primarily in drug trafficking. Despite this development, Ecuador remains committed to upholding constitutional standards and ensuring that any state of emergency meets legal criteria for implementation.
