High court rejects latest emergency declaration but Noboa says troops will remain in the streets

Ecuador’s Constitutional Court ruled Friday that President Daniel Noboa’s emergency declaration in seven provinces is unconstitutional. It is the second time in three months the court has rejected a declaration on the grounds that the government did not provide adequate justification.

President Daniel Noboa visiting Ecuadorian migrants in Spain on Saturday.

In its ruling, the court said the claim of internal armed conflict was not supported by the evidence the government presented. “The claims do not rise to the standards established in the constitution and the Geneva Convention,” the court said.

On a visit to Spain, Noboa said he was disappointed by the ruling but said the armed forces would continue to assist police in seven coastal provinces while other provisions of the declaration would be suspended. “We have seen the impressive results from the declaration and the good work of police and the army will continue,” he said.

It is unclear if the government will issue a new declaration with revised justification. “I think the government erred in citing internal armed conflict for the emergency,” said Quito constitutional lawyer Gonzalo Muñoz. “This designation is typically used for violent political conflicts, even civil wars, and the current situation does not comply with the protocols established in the Geneva Convention. If a new declaration is decreed, if there is one, the armed conflict designation should be dropped.”

Muñoz said Noboa can continue to use the armed forces to support the police. “This is the most important element of the emergency, of course, and this can continue under the legal provision that allows the military to carry out actions against illegal weapons. Weapons are present in most of the operations carried out as part of the emergency.”