The changes are considered in the draft Organic Law on Comprehensive Security and Strengthening of the Public Force presented by the Government.
military and police could enter the prisons when riots or riots occur. The bill to improve security proposed by the Government proposes legal reforms so that the uniformed officers suffocate emergencies, without the need for a prior issuance of a Exception status.
The Organic Law on Comprehensive Security and Strengthening of the Public Force presented by the Executive is the commitment of the current regime to lower the rates of violence in the country. There, reforms to five legal bodies are proposed.
For example, the proposed government law asks to modify art. 685 of the Comprehensive Criminal Organic Code (Coip). This would include the following text:
“In cases of riots, prison crisis, or when there are elements that allow it to be reasonably foreseen that there is a risk that these events will be generated, the National Police may complement the internal security in the centers of deprivation of liberty.”
It also proposes making changes to another article of the COIP for the employment of the military for the same purpose. The following text is included with the modifications, which would allow soldiers to enter the prisons.
“In the cases indicated in the second paragraph of article 720 of this Code in which the action of the National Police is insufficient to restore the security of the centers, the Armed Forces They will also support the restoration of internal security in operations under the command of the National Police”.
The second paragraph to which this proposal refers says: When there is a riot or a serious disturbance of order in a detention center the competent authority of the center will request, if necessary, the intervention of the public force to the extent and time necessary to restore order.
In the bill presented by the government of President Guillermo Lasso, it is also proposed to include detention centers as part of the strategic sectors of State security.
The Law on Public and State Security (art. 43) indicates that the Minister of National Defense, in critical circumstances of insecurity that seriously jeopardizes or seriously risks the management of public and private companies, responsible for managing the strategic sectors will have the Armed forcesas a protection measure, the protection of the facilities and infrastructure necessary to guarantee normal operation.
The current regulations hand over the competence of the internal security of the rehabilitation centers exclusively to the Corps of Penitentiary Agents. But nevertheless, the prison crisis revealed that they do not have control of entire prison blocks.
Official reports indicate that prison warders are insufficient in number and ill-equipped to contain riots or riots.
To authorize the entry of police and military to prisons, governments have issued executive decrees to declare states of exception and deal with prison violence. With the proposed changes, this figure would no longer be necessary because the income from the Police and Armed Forces would be regulated by ordinary channels, in a current legal body. (DPV)
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