William Sánchez analiza la sentencia sobre la demanda de 'acción de protección' en Ecuador.
With flagrant abuse of due process as well as being riddled with many other inconsistencies, the judges presiding over the case are clearly in breach of their professional oath.
Con un flagrante abuso de debido proceso, además de estar plagado de otras muchas incoherencias, los jueces que presiden el caso incumplen claramente su juramento profesional.
ECUADORIANS AND FOREIGNERS RESIDING IN ECUADOR…
THIS AUGUST 18, AFTER MONTHS OF DELAY, THE COURT OF THE PROVINCIAL COURT OF GUAYAS ISSUED A VERDICT REGARDING OUR ACTION OR PROTECTION AGAINST THE NATIONAL COE AND ITS LEGAL REPRESENTATIVE, CAPTAIN ZAPATA.
THEY FINALLY NOTIFIED US OF THEIR DECISION, WHICH SHOULD HAVE BEEN DECIDED NO LATER THAN MAY 16, AS REQUIRED BY ARTICLE 24 OF THE LAW OF JURISDICTIONAL GUARANTEES AND CONSTITUTIONAL CONTROL, WITHOUT CONVENING A PHYSICAL OR ONLINE HEARING TO ISSUE THE VERBAL SENTENCE, WHICH IS PRIOR TO THE MATERIAL OR PHYSICAL SENTENCE.
THE VERDICT ESSENTIALLY DENIES OUR CASE, AS THEY CLAIM THEY DO NOT HAVE THE JURISDICTION TO DECIDE ON THE MERITS OF THE LAWSUIT, AND THEREFORE OUR CLAIM MUST BE BROUGHT BEFORE THE CONSTITUTIONAL COURT.
IMAGINE CITIZENS…
TAKING THAT MANY MONTHS TO DETERMINE THAT THEY DO NOT EVEN HAVE JURISDICTION…
OBVIOUSLY WE DO NOT AGREE WITH THE SENTENCE BECAUSE THEY TRY TO ARGUE THAT THE COVID RESTRICTIONS ISSUED BY THE COE ARE INTENDED FOR ALL ECUADORIANS AND NOT FOR A SPECIFIC GROUP, THEREFORE, ACCORDING TO THEM, THEY DON’T HAVE THE AUTHORITY TO MAKE A RULING.
INSTEAD THEY SAY IT IS THE CONSTITUTIONAL COURT WHO HAVE THE JURISDICTION TO EXPEL THE COE’S RESTRICTIONS FROM OUR LEGAL SYSTEM.
CURIOUSLY, THE COURT HAS FAILED TO MENTION THE COE'S OWN ARGUMENT, AT BOTH THE FIRST HEARING AND AT THE APPEAL STAGE, THAT IS THAT THEIR RESTRICTIONS ARE ONLY RECOMMENDATIONS, ADVICE AND EXHORTATIONS, AND THEREFORE THEY CANNOT BE HELD RESPONSIBLE FOR VIOLATIONS OF OUR RIGHTS, SINCE THE REAL RESPONSIBLE PARTIES, ACCORDING TO THEM, ARE THE PUBLIC AND PRIVATE INSTITUTIONS THAT PHYSICALLY RESTRICTED ACCESS TO SHOPPING CENTERS, BANKS, POLICE STATIONS, ETC.
THE FAILURE TO MENTION ANY OF THIS IN THE SENTENCE STARTS TO MAKE SENSE WHEN WE ASK OURSELVES HOW THE JUDGES WOULD ARGUE THAT THIS CASE GOES TO THE CONSTITUTIONAL COURT IN ORDER TO EXPEL FROM OUR LEGAL SYSTEM SIMPLE RECOMMENDATIONS, SUGGESTIONS OR EXHORTATIONS AS STATED BY THE DEFENDANTS THEMSELVES IN THEIR DEFENSE.
IN WHAT PART OF ARTICLE 425 OF OUR CONSTITUTION WOULD WE FIND THE SECTION ON ‘RECOMMENDATIONS, SUGGESTIONS OR EXHORTATIONS’?
IT’S BEYOND BELIEF.
BUT THE COURT HAS ALSO MANAGED TO OVERLOOK THAT FACT THAT THE DENIAL OF BASIC RIGHTS RESULTING FROM THE COE’S RESTRICTIONS DOES NOT AFFECT ALL ECUADORIANS IN GENERAL, BUT RATHER THEY EXCLUSIVELY AFFECT A VERY SPECIFIC GROUP WITHIN SOCIETY.
THAT SPECIFIC GROUP HAPPENS TO BE THOSE OF US WHO DO NOT CARRY A VACCINATION CARD AGAINST SARS COV2/COVID 19 BECAUSE WE HAVE NOT ACCEPTED THE INVASION OF OUR BODIES WITH EXPERIMENTAL SUBSTANCES WHOSE MANUFACTURERS THEMSELVES HAVE STATED ARE EXPERIMANTAL AND THEREFORE THEY ARE UNABLE TO DETERMINE THEIR MEDIUM AND LONG TERM EFFECTS.
SO THE RULING IS OBVIOUSLY FLAWED AND BY FAILING TO HONOUR THEIR SACRED OATH IT IS CLEAR THAT THE JUDGES HAVE NOT ADHERED TO THE PRINCIPLES OF CONSTITUTIONAL JUSTICE CONTAINED IN ARTICLE 2, PARAGRAPHS 1, 2 AND 4 OF THE ORGANIC LAW OF GUARANTEES, JURISDICTIONAL AND CONSTITUTIONAL CONTROL.
ALLOW ME TO EXPLAIN...
THEY HAVE NOT PRIORITIZED PROTECTING THE RIGHTS OF OUR CITIZENS.
THEY HAVE NOT TAKEN INTO ACCOUNT THE PRINCIPLES LAID OUT IN OUR CONSTITUTION.
AND THEY HAVE NOT COMPLIED WITH THE OBLIGATION TO ADMINISTER JUSTICE IN THE FACE OF POSSIBLE CONTRADICTIONS BETWEEN LAWS.
FOR THESE REASONS, ON MONDAY, AUGUST 21, WE WILL BE FILING A REQUEST FOR CLARIFICATION AND EXPLANATION OF THIS UNJUST AND INCONSISTENT SENTENCE.
APART FROM THIS WE WILL OF COURSE ALSO BE GOING TO THE CONSTITUTIONAL COURT BECAUSE THE RULING OF THE PROVINCIAL COURT BECOMES A VALID DOCUMENT WITH WHICH TO CONTINUE OUR CASE BEFORE THE CONSTITUTIONAL COURT, A COURT WHICH WILL NOT BE ABLE TO DENY OUR CASE.
WE WILL KEEP YOU INFORMED OF WHAT IS HAPPENING AND THANK YOU FOR THE SUPPORT OF THE DOCTORS, SCIENTISTS, LAWYERS, SOCIAL LEADERS, RESEARCHERS AND OTHER CITIZENS WHO HAVE BEEN SUPPORTING OUR CASE.
WE ALSO WISH TO THANK ALL THE CITIZENS WHO HAVE BEEN THERE SUPPORTING US IN THIS STRUGGLE.
WE COUNT ON YOUR SUPPORT AND WE ARE SURE THAT, STEP BY STEP, WE WILL WIN, AS IS HAPPENING IN OTHER COUNTRIES.
ECUADOR WILL NOT BE MADE AN EXCEPTION OF, FOR THIS STRUGGLE HAS JUST BEGUN AND WE ARE IN THE RIGHT, WE HAVE REASON ON OUR SIDE.
FELLOW CITIZENS...
