Blog Thanks to Rafael Mendez Meneses (kevinhurlt.blogspot.com), replied the questions to be submitted to popular consultation with my respective reviews:
1. Do you agree to amend paragraph 9 of Article 77 of the Constitution incorporated a clause which prevents the expiration of preventive detention when it has been caused by the person on trial and punish allowing unreasonable obstacles in the administration of justice for judges, judges, prosecutors, experts or servers subsidiary bodies of the judiciary, as defined in Annex 1?
ANNEX 1
Join after the first paragraph to paragraph 9 of Article 77 one say
"The remand order will remain in effect if by any means a person prosecuted has evaded , delayed, avoided or prevented their prosecution through acts designed to cause its expiration. If the delay occurs during processing or the expiration pridujera, be it by acts or omissions of judges, judges, prosecutors, public Defendor, Périot servers or subsidiary bodies, shall be deemed to have committed these very serious offense and shall be punished in accordance of the law. "
COMMENT: I \u200b\u200bagree. A YES answer this question, because it is unfair that criminals go free by the "trap" to delay his trial.
2. Do you agree that alternative measures to deprivation of freedom apply under the conditions and requirements of the Act, according to Annex 2?
ANNEX 2
Article 77 paragraph 1 say
"The deprivation of liberty is no general rule and applied for the arraignment of the accused gantizar or defendant at the trial, the right of victims of crime to justice prompt, timely and without delay and to ensure compliance with the sentence, shall by written order of jeuza or judge, where, for the time and the fotrmalidades established by law. Exception of egregious crimes, in which case you can not keep the person detained without trial for more than 24 hours. The non-custodial measures shall be implemented in accordance with the cases, terms, conditions and requisitops established by law. "
Article 77 paragraph 2 say
"The judge or court will apply the precautionary measures alternative to imprisonment provided by law. Alternative penalties shall be applied according to the cases, terms, conditions and requirements of the law. "
COMMENT: This issue is somewhat ambiguous to me. So far not clear to me and I have to make a deeper analysis
3. Do you agree with banning the private financial system institutions and private media companies of national character, its directors and principal shareholders, as owners or shares outside the financial sector or communication, respectively, by amending the Constitution as set out in Annex 3?
ANNEX 3
The first paragraph of Article 312 of the Constitution say
"The private financial system institutions and the private media of national character, its directors and principal shareholders, may hold, directly or indirectly, of shares or shares in companies outside the financial activity or communication, as appropriate. The respective bodies control will be in charge of regulating the provision in accordance with constitutional and regulatory framework. "
In the first paragraph of the twenty-ninth transitional provision say
"Stocks and shares they hold the private financial system institutions and the private media of national character, its directors and major shareholders in companies other than the sector in which they participate, were sold within one year after the adoption of this reform in a referendum. "
COMMENTARY: VOTE NO. Strongly disagree. All persons have the right to "do business" in what the fuck we please as long as you do not violate the rights of third parties. It's totally different when raised or improve controls to prevent diversion of funds from banking customers to other firms. What the media is more than obvious that takes dedication and never will agree with a purely political measure.
4. Do you agree to replace the current plenary session of the Judiciary by a Judicial Council of Transition, made up of three elected members one by the Executive Branch, another by the Legislature and one by the Transparency and Social Control, so that in the time limit of 18 months, exercise the powers of the Council of the Judiciary and restructure the judiciary, as required by Annex 4?
ANNEX 4
The Article 20 of the Transitional Regime say
"Dissolve the present full Council of the Judiciary. In its place was created a Judicial Council of Transition, made up of three delegates and their alternates appointed: one by the President, other by the Legislature and one by the Transparency and Social Control, all delegates and alternates will be impeached. This transitional Judiciary Council will have all the power in the Cosntitución, as well as those provided in the Code of Judicial Function, and shall serve for a non-extendable period of 18 months.
The final Judicial Council will comply with the procedure laid down in the amended Constitution. The Council of Citizen Participation and Social Control will ensure that members of the new Judicial Council are desinganso before completed 18 months of functions of the Judicial Council of transition.
remains without effect on merit and opposition that holds the Council of Citizen Participation and Social Control for the appointment of new members of the Board of Judiactura.
Delete the first transitional provision of the Civil Code of Judicial Orgánifo. "
COMMENT: This is bullshit. There goes another mechanism of previous restructuring as well earned the cock. VOTE NO because I think that actually do exist mechanisms to restructure the courts and does not need to reach into the executive.
5. Do you agree to modify the composition of the Judicial Council, amending the Constitution and reforming the Code of Judicial Function as defined in Annex 5?
ANNEX 5
Amend the Constitution of the Republic of Ecuador as follows:
"Art 179 .- The Judicial Council shall be composed of 5 delegates and their alternates, who shall be elected by lists submitted by the President of the National Court of Justice, who shall preside, for the Attorney General, for the Public Defender, for the Executive Branch, and by the National Assembly.
Delegates referred to in the preceding paragraph shall be elected by the Council of Citizen Participation and Social Control, through a public process of scrutiny under the oversight and the possibility of citizens challenge.
The procedure, terms and other elements of the process will be determined by the Council of Citizen Participation and Social Control.
Council members of the Judiciary, both owners as alternates, will remain in the exercise of their functions 6.
The Judicial Council shall report its annual report to the National Assembly, which will monitor and prosecute its members. "
COMMENTARY: VOTE NO. Again, the executive should not reach into the role of the state.
So the questions were worded the referendum
1. Do you agree that the National Assembly without delay within the period specified in the Civil Law Legislature, from the publication of the results of the plebiscite, the Penal Code criminalize, as a separate crime, the private enrichment is not justified?
COMMENT: NO a thousand times no. This mechanism is very dangerous and subject to subjective interpretations. If the aim is to control "tax evasion, the IRS now has more than sufficient mechanism to determine efficient. This would be a powerful lobbying tool for authoritarian government like that of Rafael Correa.
2. Do you agree that in the country prohibiting business dedicated to gambling such as casinos and gambling?
COMMENTARY: VOTE NO. Everyone has the right to spend the money on what the fuck we want. Besides prohibiting play the game is not eradicated, what will be done to promote illegal gambling and Tapin.
3. Do you remember that in his home county to prohibit the shows which are designed to kill the animal?
COMMENTARY: VOTE NO. Although friends bullfighting, note that the question says "... intended to kill the animal." The bullfights are not intended to kill the bull, the purpose is to entertain the public. In cockfighting, roosters are those who are killing each other and nobody "killed the animal." In any case, the "spirit" of the question is implicit prohibitions on the activities mentioned in my comment. Again, I think we all have the right to attend and watch the shows we like. If the bulls do not like, do not go on the run.
addition, searching for defending "animal rights" enshrined in the constitution of Ecuador, criminalize the killing of road winding of the animals. Put in jail the thugs who mistreat animals having them in yards endured sun, rain and cold.
4. Do you agree that the National Assembly without delay within the period specified in the Basic Law of the Legislative Branch, issued a Communication Act to create a Council regulation governing the dissemination of content of television, radio and print publications that contain messages of violence, sexually explicit or discriminatory, and to establish further lines of responsibility of journalists or media issuers?
COMMENTARY: VOTE NO. They already exist adequate laws and regulations for the media. Correa wants, whatever, take your gag law so that no media is acting against the parameters that he considers "adequate."
5. Do you agree that the National Assembly without delay within the period specified in the Basic Law of the Legislative Branch, after the publication of the results of the plebiscite, a criminal offense to non-membership in Social Security Institute worker as an employee?
COMMENTARY: VOTE NOOOOOOOOOOOO. One thing is that, being affiliated with the employee, the employer does not make respective contributions. ESA EGGS AND EVEN IF CRIME CORTÁRSELE SHOULD USE TO EMPLOYER. When completely the IESS reform related to the provision of health services and providing a service really quick, timely and quality, there could be doing this query. Eye ... This also applies to "domestic service." If you, dear reader, do not enroll your domestic worker, is going to go to jail. Middle class people with a salary less than $ 500, or consider hiring a maid that would send to jail for not more than half receive their respective salary and membership of the IESS.
BALANCE SHEET: A YES vote only one with potential 50/50 and 8 NO's, a result far from satisfactory for the intentions of the "citizens' revolution."
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