ECUADOR: ONE YEAR INTO HIS TERM, PRESIDENT NOBOA MUST AVOID ABUSES AND OPACITY IN SECURITY POLICIES

In the face of rising violence, the President has opted for a hardline approach to security policies, labelling drug-trafficking organizations as “terrorists”, declaring an “internal armed conflict”, and continuously renewing states of emergency, as part of the so-called “Plan Fenix

On the eve of President Daniel Noboa’s first year in office, the evidence suggests that human rights have suffered under the current administration, Amnesty International said today in a briefing detailing its concerns, ahead of the UN Human Rights Committee’s review of Ecuador, which begins today in Geneva.

In the face of rising violence, the President has opted for a hardline approach to security policies, labelling drug-trafficking organizations as “terrorists”, declaring an “internal armed conflict”, and continuously renewing states of emergency, as part of the so-called “Plan Fenix.” Amnesty International is concerned about allegations of human rights violations committed in this context, including thousands of arrests with little evidence of due process, torture and other ill-treatment inside prisons, and extrajudicial executions and enforced disappearances, allegedly committed by the armed forces during security operations. These operations have been conducted with opacity, and human rights defenders denouncing violations have faced stigmatization by high-level authorities, including the president.

“Exceptional powers restricting human rights that were intended as temporary have become the new norm in Ecuador, and the negative impact has become clear. People in Ecuador deserve to live in safety without having to give up their human rights,” said Ana Piquer, Americas director at Amnesty International. “The international community has a key role in demanding transparency and accountability of Ecuadorian authorities, and the time to do so is now. The United States, which provides significant funding to Ecuador, must ensure that security assistance is not used to undermine human rights.”

Exceptional powers restricting human rights that were intended as temporary have become the new norm in Ecuador, and the negative impact has become clear. People in Ecuador deserve to live in safety without having to give up their human rights. The international community has a key role in demanding transparency and accountability of Ecuadorian authorities, and the time to do so is now.

Ana Piquer, Americas director at Amnesty International.

Current security policies do not align with human rights standards

In January 2024, following a series of violent episodes attributed to criminal groups involved in drug trafficking in the city of Guayaquil, Noboa declared a state of emergency and an “internal armed conflict.” As part of these measures, the armed forces assumed control of prisons throughout the country. While the nation-wide state of emergency officially ended in April 2024, the President has continued declaring states of emergency on a regular basis in several provinces.

The indefinite nature of states of emergency violates international human rights standards, which establish that these measures should be exceptional and temporary. The continued deployment of the military in public security tasks and prison control poses risks to human rights because the military is trained to combat an enemy and not for the protection of civilians.

Amnesty International has not conducted an assessment to determine the existence of a non-international armed conflict in Ecuador. Still, the organization is concerned over the decision to apply international humanitarian law, as this may be used to weaken certain human rights protections. The organization reminds the authorities that international human rights law continues to apply even in situations of armed conflict, and human rights should be protected at all times.

Concerning allegations of human rights violations

As part of “Plan Fenix,” the police and the military conducted over 120,000 joint operations and arrested 34, 945 individuals between January and June 2024, according to information provided by the President in his address to the nation on 24 May 2024. During the address, Noboa referred to those arrested as “presumed criminals,” in direct contravention of the presumption of innocence. Faced with a wave of on-the-spot arrests taking place in the streets, the Public Defender’s Office told Amnesty International that it had to deploy extra public servants to the provinces with increased military presence to try and keep pace. The legal status of those who were arrested has not been fully clarified. 

In this context, members of the police and armed forces may have been implicated in serious human rights violations, including extrajudicial executions, enforced disappearances, and torture. According to data from public information requests, the Public Prosecutor’s Office has registered reports of 12 cases of possible extrajudicial executions, 4 cases of possible enforced disappearances and 95 possible cases of torture, between January and July 2024. In contrast, for 2023, the Public Prosecutor’s Office only registered 5 cases of extrajudicial executions for the entire year.

Amnesty International learned of the possible extrajudicial execution of 19-year-old Carlos Javier Vega Ipanaque, who was killed after being shot by soldiers while travelling in a car with his cousin in the city of Guayaquil, on 2 February 2024. Neither of the young men was reportedly armed, nor did they pose a threat to military personnel; yet the bullet wounds sustained by the victim were directed towards highly lethal areas of his body. The organization also received information about the possible enforced disappearance of two young men, allegedly committed by the armed forces in the province of Los Rios, on 26 August 2024, in the context of a military operation. 

The militarization of public security has further increased the risks and challenges for human rights defenders. During a visit to Quito and Guayaquil in June 2024, Amnesty International met with more than 20 human rights organizations and at least 15 environmental defenders from the Amazon, Sierra, and Coastal regions. All reported to have directly experienced or to know a human rights defender who had experienced some form of security incident in the last year. Human rights defenders have also reported increasing acts of stigmatization by high-level authorities. Throughout this year, Noboa has repeatedly stigmatized human rights defenders working for the rights of people in detention, calling them “antipatriotic.” Organizations have also reported the unwillingness of public officials to meet with them, and increasing challenges to access public information, including human rights data and government plans and policies, such as “Plan Fenix.”

Deteriorating prison conditions

The situation of prisons has been of particular concern since the entry of armed forces in January 2024. It is inside prisons where most cases of torture and other ill-treatment have been reported. The Alliance for Human Rights of Ecuador, alongside the Committee of Families for Justice in Prisons and the Permanent Committee on the Defence of Human Rights (CDH Guayaquil), issued a report in late April 2024 detailing over 100 complaints of torture and other ill-treatment in Ecuador’s prisons since the declaration of the state of emergency.

Amnesty International has also received concerning information about the lack of access to basic services for people deprived of their liberty, including to food, water and medicine, which the State is obliged to provide for individuals in custody. During a visit to Guayaquil in June 2024, families of people in detention told the organization that family visits and communications had been suspended. These were re-established only after pressure from international organisms, including the UN Committee on Torture, and human rights organizations, in July 2024.

One indicator of the severe deterioration of prison conditions this year is the number of alerts that the Ombudsman’s Office has sent the Public Prosecutor’s Office in relation to the treatment of prisoners. By August 2024, it had sent 27 alerts, according to data Amnesty International obtained through a public information request. This number stands in sharp contrast with the total number of alerts sent in 2023 (6) and 2022 (3). In addition to these alerts, the Ombudsman’s Office has reported at least 24 deaths in custody since January 2024.

The entry of the armed forces has also not guaranteed the safety of prisons officials. According to media reports, at least three prisons’ directors have been killed this year, including the head of the Litoral prison in  Guayas province, which is the largest of the country, as well as the heads of the prisons in  Manabi and Sucumbios provinces.

The role of the international community

Against this backdrop, it is essential that Ecuador ensures its security policies are in line with international human rights laws and standards. The international community can play an important role in demanding transparency and accountability of Ecuadorian authorities. On October 28 and 29, the UN Human Rights Committee will evaluate Ecuador’s human rights performance and will issue recommendations to the government.

The United States also has a key role in upholding human rights in Ecuador, given its funding assistance to and cooperation with security forces, including related to drug control and law enforcement. Up to 2023, Ecuador had received more than 200 million dollars in cooperation funds from the United States, mostly designated for security and defense purposes. In February 2024, President Noboa ratified two military cooperation agreements with the United States, establishing a framework for US military personnel to operate in Ecuador and allowing for joint naval operations to combat drug trafficking and other illicit activities. Furthermore, the United States Southern Command (SOUTHCOM) recently welcomed Ecuador as part of its human rights initiative. Given the wide array of involvement in Ecuadorean security activities, US authorities must ensure that any technical and financial assistance to Ecuador is used in accordance with international human rights and US federal law.

For more information or to arrange an interview, please contact press@amnesty.org