High court rules that Noboa overstepped his authority in electric emergency declaration

Ecuador’s Constitutional Court ruled Friday that the government did not justify granting extra powers to the police and armed forces in its energy crisis emergency declaration. “The order to mobilize [police and the armed forces] is unconstitutional based on the scope and nature of the emergency conditions,” the court said.

Ecuador’s Constitutional Court in Quito

The court maintained that President Daniel Noboa’s claim that there existed a threat to the national infrastructure and basic services, such as drinking water, telecommunications and electric distribution was not proven in the justification of the emergency declaration.

When he declared the emergency on April 19, Noboa claimed that acts of “intentional illegality” were responsible for the energy crisis. The presidential communication director, who has since resigned, said “sabotage” were responsible for the shortage of electricity.

“The government suggested but did not provide evidence that organized crime groups were at least partly responsible for the shortage,” the court said in its full ruling. “The extraordinary use of police and military forces is unconstitutional if the danger is not proven.”

The court ordered the government to provide a written explanation of its actions when the emergency period ends June 18.

Guayaquil constitutional attorney Norman Reyes said the court’s decision was not unexpected. “When the emergency was declared, most constitutionalists thought it was a gross overstepping of presidential powers and it would be rejected,” he said. “There was strong suspicion, in fact, by most of us that the extension of police power, with assistance from the army, was a political move based on the president’s fear that new blackouts would have a negative impact on his referendum questions.”

Reyes says that the suggestion of sabotage of hydroelectric facilities and the national electric grid was “irresponsible” and lacked a clear basis. “If you notice, the government has not mentioned sabotage since the first days of the blackouts and the new energy minister has downplayed the possibility, blaming the lack of rain for the blackouts.”