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Ecuador passes controversial laws to fight organized crime

Ecuador passes controversial laws to fight organized crime

UPI6 days ago

Ecuador's Intelligence Law would expand the authority of the Strategic Intelligence Center, allowing it to collect personal data, conduct wiretaps and carry out raids without a court order. That law and another measure face review by reviewed by Constitutional Court before taking effect. Photo by Carlos Duran Araujo/EPA-EFE
SANTIAGO, Chile, June 16 (UPI) -- President Daniel Noboa's administration won legislative approval for two key laws aimed at strengthening its response to rising organized crime and violence in Ecuador.
However, the limited debate surrounding the passage of the Intelligence Law and the National Solidarity Law has drawn criticism.
Noboa has defended both laws as essential tools to fight drug trafficking, but some legal experts disagree with the measures.
"Even if Noboa's actions are well-intentioned, both laws must be reviewed to ensure the fight against drug trafficking doesn't violate the Constitution," legal expert Pablo Encalada said.
The Intelligence Law aims to combat organized crime, protect civilians and support economic recovery in violence-plagued areas.
But Ana Belén Cordero, Ecuador's former secretary for Anti-Corruption Public Policy, called the law authoritarian.
"It violates every principle of the rule of law by granting enormous power to the head of the intelligence system, bypassing prosecutors and judges," she said.
The new law also would expand the authority of the Strategic Intelligence Center, or CIES, allowing it to collect personal data, conduct wiretaps and carry out raids without a court order.
The National Solidarity Law would create a legal framework for Ecuador's national intelligence and counterintelligence system. It allows funds seized from drug traffickers to be transferred to security forces without oversight or reporting requirements.
"It makes sense for the state to have confidential funds for intelligence operations, but there must be accountability to the National Assembly on how those resources are used," Cordero said.
The law would allow security forces to receive real estate, equipment and other contributions from domestic or international organizations. Donors would be eligible for tax breaks.
"This opens the door to massive leaks of both public and private funds," said Luis Córdova, a researcher at the Ecuadorian Conflict Observatory (Llamas), in an interview with local outlet Primicia.
He also raised concerns about a proposal to increase penalties for juvenile offenders.
While Cordero acknowledged the need to address youth involvement in crime, she argued that minors should not face the same penalties as adults. She emphasized that the state's absence in the country's poorest areas drives many young people to join drug gangs.
Because the Intelligence Law has faced criticism from human rights organizations, which argue it violates constitutional protections, it must be reviewed by Ecuador's Constitutional Court before it can take effect.
In 2024, Ecuador recorded an average of 38 homicides per 100,000 people -- the highest rate in Latin America, according to Insight Crime and other sources.

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