A lawyer from Loja with political experience announced that the military cannot be tried by ordinary justice in excesses that may occur in the fight against organized crime in Ecuador.
After the President of the Republic, Guillermo Lasso Mendoza, signed Decree 730, in which he authorizes the Armed Forces (FF. AA.), “to carry out military operations in all or part of the national territory, to confront and counteract to terrorist individuals and organizations,” Diario Crónica spoke with Iván Roldán Rogel, a lawyer in free practice and a long political career, who announced the need to establish a special body to judge possible excesses by the military.
Compensation for dejection
The lawyer from Loja established as a precedent the Law of the progressive use of force approved by the National Assembly in August 2022; as well as the reforms in cases of violence against women and greater punishment for cases of extortion and express kidnapping. “The problem is in the actions of the members of the FF. AA., That they have to be tried by common justice, where we have to assume compensation processes, ”he specified, citing constitutional prohibitions related to torture and the death penalty. “We are going to find that later the Ecuadorian State would have to compensate those killed in the commission of an illegal act,” which would lead to the creation of an economic fund to combat organized crime, he said.
Judges committed to crime
He commented that a different legal structure should be established for the processes of trial of the military, since ordinary justice would be contaminated by drug trafficking and organized crime. “We are already seeing influence peddling, prevarication, the participation of judges in criminal gangs; So we are in the hands of justice administrators who are judge and party, in the ordinary justice of organized crime, against the uniformed officers who, in the legitimate exercise of their defense, would put an impartial trial at serious risk, ”he explained. .
Faceless judges and prosecutors
In the opinion of the doctor in jurisprudence, the formation of a military criminal court that judges the actions of the members of the FF would be appropriate. AA. in the defeat of narcoterrorists; however, the current Constitution would be the main impediment due to the prohibitions on prosecution by bodies other than those established, such as the National Court or the Prosecutor’s Office. “The Council of the Judiciary, in the current legal structure, can establish administrative regulations to create “faceless” judges and prosecutors, for a transitional period of two or three years, so that they can sanction the criminal actions of the gangs; otherwise it will be very difficult to fight organized crime, ”he detailed.
called the governor
He also declared that fear and uncertainty would be taking over the public, since the commercial sector would be closing its stores in the early hours of the afternoon and after 09:00 in the morning. “The most serious thing is that even the governor of the province himself, Fredy Bravo Bravo, summons the residents of the neighborhoods to organize and do justice into their own hands, through lynching, burning bins or beatings, instead of promoting compliance. of the Law”, and insisted that the Retaliation Law cannot be an alternative to face the problem of insecurity. “The governor must seek legal mechanisms to prevent crime and punish the offender, but within the legal framework,” he concluded. (YO)
