On January 25, President Lasso sent a legal initiative to address the issue of citizen insecurity; others are already in treatment.
The proposals have always come after a crisis. Politicians presented legal initiatives after the demonstrations violent October 2019the repeated prison massacres and the wave of violence which already leaves about 243 dead in less than 25 days of this 2022, on a national scale.
The last initiative was proposed by the President Guillermo Lasso. On Tuesday, January 25, 2022, the project baptized as Organic Law on Comprehensive Security and Strengthening of the Public Force. There are 46 articles that seek deal with internal violence. Among the articles are the delimitation of the use of lethal force.
The proposal must be qualified by the Legislative Administration Council (CAL) and will go to the Security Commission. There, There is already a matrix that analyzes three other initiatives that already speak directly on the use of deadly force by the police. Thus, it seeks to leave the actions of the uniformed men without legal loopholes. In a recent case, policeman Santiago Olmedo was sentenced for excess of force.
Conflicting views on the idea
The president of the Commission, Ramiro Narváez, says that instead of sending a new project, the Executive should have strengthened the analysis of the projects that are already under review.
Instead, legislator Rodrigo Bajardo (ID) points out that there is already a timetable for reporting. It is expected to have a draft in March. It also warns that there are already regulations that regulate the use of force in the current Criminal Code, the Police regulations, the Code of Security Entities, among others. He added that the legislators of that table seek to unify in a single legal body all that is scattered in the jurisprudence.
the minister of Government, Alexandra Vela, for her part, questions the work of the legislators. He says that in eight months of Government he has not seen progress or, at least, a proposal for the first debate of the Security Code, the Police Law, the Intelligence Law and the regulations on the progressive use of force. “We don’t have the necessary tools,” he said this week.
What do the proposals say?
William Lasso
Set five levels for progressive use of the strength. The fifth endorses the use of lethal force.
It clarifies that it will depend on the action of the alleged offender, therefore a police officer can initiate his reaction “at any level and increase or decrease gradually or suddenly”.
Injuries or deaths that may be caused in the line of duty will be investigated. It will start from the principle that the use of force was legal. The investigation does not imply responsibility and will not carry sanctions until an enforceable sentence.
Proposes reforms to the Law of Public and State Security to form the National Council of Criminal Policy, a body Advisor to the Public Security System and the State. It will be chaired by the head of the Ministry of Government. He says that in the execution of tasks to prevent or combat organized crime, as well as to defend the inhabitants from the situations of violence that it generates, the Police, as the executing entity, will be able to count on the cooperation of the Armed Forces.
Regarding sponsorship in investigations and criminal proceedings, he points out that police officers “thave the right to receive legal advice in investigations”.
Cesar Litardo
The initiative came from the Police and the Ministry of Government, then led by Tannya Varela and Gabriel Martinez
It raises the necessary use of force to nneutralize the threat level, risk, resistance and attack, of one or more people
Indicates that the Police will use firearms with lethal ammunition when faced with a serious threat and imminent against the life or physical integrity of people or their own.
It also establishes five levels of the use of force. The latter provides for a lethal procedure to “neutralize the violent unlawful action or lethal aggression of one or more persons”
In case of demonstrations, it is anticipated the use of technologies and lethal ammunition, when people detected within a crowd generate actions that may cause serious injury or death to other people, to neutralize the aggression and minimize existing risks or threats, verifying the principles of legality, necessity, proportionality.
Servers who, as a result of fulfilling their mission, use lethal force, will receive sponsorship and specialized and timely legal advice from the State.
Cesar Solorzano
Empowers servers to use force and crew weapons, in the performance of their duties.
On potentially lethal fire, the police must observe exceptional, progressive, adequate and proportional principles.
The use of firearms with lethal ammunition will be justified in these cases: defense of self or others; in case of current, real, unlawful and imminent risk of serious injury or death; and to prevent the commission of a particularly serious life-threatening crime.
Agents are asked to try cause as little damage as possible and to proceed in such a way that assistance and medical services are provided as soon as possible, if necessary, to injured or affected persons.
The shots warning signs will not be considered acceptable practice
After seriously injuring or killing a person, reports will be filed to find out if the law was complied with; if it is established that it was not used lawfully, the official will be investigated.
Those who have caused death or serious injury, having complied with the regulations, will receive from their institution on a mandatory basis the immediate medical and psychological evaluation and due treatment if the case warrants it. It also offers legal support.
Marcela Holguin
In his legal project, he focuses solely on prohibiting the use of animals by the National Police to the restoration of public order and intervention and control in arbitrary occupations, in those cases in which their well-being may be violated.
Animal welfare is understood as that state of emotional and physical health of the animal that allows it to be in harmony with its environment. It refers to dogs and horses that are used by law enforcement.
