The magistrates consider that there was a violation of due process regarding the popular consultation not to exploit the Yasuní.
The Constitutional court declared the violation of the right to due process within a case promoted by the collective Yasunidos. On the afternoon of this Thursday, December 2, 2021, the sentence that resolved a extraordinary protection action requested in 2020 by the members of the group.
In its resolutive part, the judgment No. 348-20-EP / 21 indicates that you accept the action extraordinary protection No. 348-20-EP that presented Yasunidos Against a ruling of the Contentious Electoral Tribunal (TCE) of January 21, 2020.
???????? LAST MINUTE / ???? Historic! The @CorteConstEcu, recognizes that the rights of the people who signed for the consultation of the #Yasuní between 2013 -2014. # PorElYasuníNadieSeCansa @Yasunidos@WithNature
???? Sentence ⬇️https://t.co/D97qMf3PrI pic.twitter.com/hKOdxvuqyk– Tegantai Agency (@Tegantai) December 2, 2021
With that decision, that electoral body will have to form a new plenary session. The objective is for the new judges to resolve the appeal filed by the group Yasunidos to carry out a referendum and thus to avoid oil exploitation in the Yasuní ITT block.
The sentence of the Constitutional court, which was supported by Judge Teresa Nuques, also declares the violation of the right to due process in that case. The group indicated that they will pronounce on this case in the coming days.
The issue dates back to 2013. On August 22 of that year, Julio César Trujillo, representing various groups, presented before the National Electoral Council, the request for referendum with the question: “Do you agree with the Ecuadorian government keeping ITT crude, known as block 43, indefinitely underground?”
Days later, the National Electoral Council (CNE) delivered the forms for the collection of signatures so that the question could be countersigned at the ballot box. Despite the fact that the groups, including Yasunidos, delivered more than 856,704 signatures (584,000 were required to call for consultation), the body in charge of the elections in the country decided not to give way to the request for query.
In their justification, the members of the CNE indicated that the requirement of democratic legitimation was not fulfilled and that after a verification of signatures, the necessary ones were not validated. Later, both the CNE and the TCE rejected the challenges presented on the decisions that prevented the call for consultation. (DP)
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