Tomorrow, Thursday, February 15, 2024, the National Assembly is scheduled to debate in a second debate a package of 86 reforms to the COIP.
In the report, approved by the Justice Commissionthere are new causes for the appeal for review, at any time, before the National Court of Justice, after a sentence has been carried out.
As Vistazo detailed, “Correismo has always opted for the appeal for review of the Bribery case, in which Rafael Correa was sentenced to eight years in prison, considering it political persecution. The reforms, warns Construye, could open the door for overthrow that sentence and return political rights to Correa so that he can return to the country and be a candidate.
In that sense, this benefit can be accessed in three cases, but now the assembly members want to increase two more:
- If it is proven that the facts underlying the sentence were established through irremediable procedural defects or serious violations of due process.
- In situations where the Inter-American Court of Human Rights (IACHR) or human rights committees of the United Nations, in their capacity as international entities whose decisions are binding on the Republic of Ecuador by virtue of international treaties ratified by the State, identify violations to human rights or errors in due process in convictions. These decisions, pronouncements or recommendations will be considered valid legal bases for the judicial review of sentences in Ecuador.
Build Warning
For this reason, the political group Construye warns that they intend to change the laws “to the extent of the ‘return’ of Rafael Correa despite his crimes and sentences,” the group’s letter cites.
Under that same warning, Jorge Peñafiel, legislator of said bench, expressed: “The inclusion of new rules for the appeal for review, not only is it unconstitutional, but also intends to allow Correa to be a candidate, overriding all legal and institutional logic, contravenes the ethics and morality,” he wrote on the social network X.
He added that his party will be vigilant to prevent an “agenda of impunity,” which had apparently already been announced a few days ago.
Finally he stressed that «A decision by a human rights body never determines the innocence or guilt of anyone.so it would hardly be useful for a review.
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