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Noboa insists on a new state of emergency in Ecuador after the previous two were invalidated

The president of Ecuador, Daniel Noboa, again decreed on Tuesday for the third time a state of emergency in part of the country’s territory, after the previous two declarations were revoked by the Constitutional Court, considering that the measure was not sufficiently argued.

This new state of emergency for 60 days covers six provinces (Guayas, Los Ríos, Manabí, Orellana, Santa Elena and El Oro) and the municipality of Camilo Ponce Enríquez, a mining enclave in the southern Andean province of Azuay where the mayor was murdered in April and this week eight bodies with signs of torture were found in a mining concession.

In these territories the measure contemplates the suspension of the rights of inviolability of the domicile, inviolability of correspondence and freedom of assembly, according to the decree, which extends for more than 50 pages to support this declaration.

It also implies the mobilization of the Armed Forces and the National Police to carry out operations against organized crime gangs, to which Noboa has declared “war” since the beginning of the year by raising the fight against them to “internal armed conflict,” with which he has come to classify them as terrorist groups and non-state belligerent actors.

The Presidency of Ecuador stressed in a statement that on this occasion the decree of the state of emergency “has the support of the World Association of Jurists (WJA, for its acronym in English),” in view of the analysis of the legality of the measure that must be carried out again by the Constitutional Court.

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On this occasion, the decree of the state of emergency establishes that the Constitutional Court may have access to secret reports from the Government authorities in case they need to review them to evaluate the relevance of the measure, without this implying the declassification and public access of them.

The Constitutional Court validated the first state of emergency decreed by Noboa at the beginning of the year and that was in force for 90 days throughout the country, broadcast as a result of a spiral of violence by criminal gangs that included simultaneous riots in several prisons in the country with about 200 hostages and the taking of the TC Television channel by a group of armed men during a live broadcast.

Subsequently, Noboa issued two focused states of emergency that covered several provinces, but in both cases the constitutunal court considered that “the facts mentioned in the decree do not specifically constitute the cause of internal armed conflict.”

The magistrates stressed that, for the most recent decree, the argument of the internal armed conflict “was the only (reason) invoked by the President of the Republic.”

“It should be remembered that, due to its important legal implications, both the reiterated jurisprudence of this Court and international law, have established that in order to configure the cause of internal armed conflict, two parameters must be considered that address the seriousness of the situation of violence,” the Court said.

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Between those two parameters cited by the court is “the level of organization of the armed group and the intensity of hostilities.”

“However, in the decree and in the reports that support it, no indications related to these parameters are mentioned,” he concluded.

However, the Court clarified that “the finding that the declaration of a state of emergency does not meet the requirements provided for in the Constitution does not imply a lack of knowledge of the serious acts of violence and the complex circumstances that the country is going through.”

He also recalled that his decision does not affect the powers provided for in the ordinary legal system for the Executive to use the Armed Forces to fulfill its constitutional mission, since the Ecuadorians approved by a large majority in a referendum held in April that the military support the Police in operations against organized crime without the need to issue states of emergency.

Organized crime gangs, mainly dedicated to drug trafficking, are credited with the wave of violence that plagues Ecuador and that has led it to be the first country in Latin America in homicides per capita, with a rate of about 47.2 per 100,000 inhabitants in 2023, according to the Ecuadorian Observatory of Organized Crime (OECO).

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International

Football Fan Killed in Clashes After Colombian League Match

Fans of Cúcuta Deportivo and their traditional rivals Atlético Bucaramanga clashed outside the stadium following their local league match on Tuesday, leaving one supporter dead and several others injured.

The deceased fan was stabbed, according to a senior police official in Cúcuta who confirmed the cause of death in a video statement. Local media reported that the victim was a supporter of the visiting team, Atlético Bucaramanga.

The match ended in a 2-2 draw. Authorities had banned the entry of Atlético Bucaramanga’s organized supporters into the stadium in an effort to prevent disturbances.

Despite the restrictions, violence broke out in the surrounding areas after the game. Among the injured were three police officers, an institutional source told AFP.

The incident adds to a series of recent violent episodes linked to Colombian football. The most recent occurred in December, when supporters of Atlético Nacional and Independiente Medellín clashed in the stands and on the pitch, leaving 59 people injured.

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Missing Spanish Sailor Rescued After 11 Days Adrift in Mediterranean

The man had departed from the port of Gandía, on Spain’s eastern coast, with the intention of reaching the southern Spanish town of Guardamar del Segura, a journey of about 150 kilometers, a spokesperson for Spain’s maritime rescue service told AFP.

Search boats and aircraft were deployed on January 17, but the operation was called off on January 22 after efforts proved unsuccessful. Alerts were then issued to vessels navigating the area in case they spotted any signs of the missing sailor.

As hopes were fading, a surveillance aircraft from the European Union’s border agency Frontex spotted the sailboat on Tuesday, along with a person signaling for help, approximately 53 nautical miles northeast of Bejaia, Algeria.

A nearby vessel, the Singapore-flagged bulk carrier Thor Confidence, carried out the rescue and is expected to bring the man to an end to his ordeal when it arrives on Thursday in the southern Spanish port city of Algeciras.

Maritime rescue services shared images on social media showing a small white sailboat drifting at sea and secured alongside the much larger ship.

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It remains unclear how the sailboat ended up hundreds of kilometers off its intended route or how the man managed to survive for so long alone in open waters.

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Rubio Says U.S. Could Participate in Follow-Up Russia-Ukraine Talks

The United States could join a new round of talks this week aimed at ending Russia’s invasion of Ukraine, Secretary of State Marco Rubio said on Tuesday.

Teams from Kyiv and Moscow met last Friday and Saturday in Abu Dhabi in their first publicly acknowledged direct negotiations to discuss the peace initiative promoted by former U.S. President Donald Trump.

“They are going to hold follow-up talks again this week,” Rubio told the Senate Foreign Relations Committee. “There could be U.S. participation.”

However, Rubio suggested that Washington’s role may be more limited than during last week’s discussions, which included Steve Witkoff, the president’s special envoy, and Jared Kushner, Trump’s son-in-law.

The secretary of state indicated that progress may have already been made on security guarantees for Ukraine, one of Kyiv’s key demands in any agreement with Moscow after nearly four years of Russian invasion.

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“There is one remaining issue that everyone is familiar with, and that is the territorial claim over Donetsk,” Rubio said, referring to the eastern Ukrainian region that Russia wants Ukraine to cede.

“I know that active efforts are underway to see whether the positions of both sides on this issue can be reconciled. It remains a bridge we have not yet crossed,” he added during the hearing.

Rubio acknowledged that the territorial question would be particularly difficult for Ukraine to resolve.

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