AI UA 79/08 ECUADOR: Possible prisoner of conscience / legal concern

Guadalupe Llori was elected as governor of Orellana province,
representing the opposition party, the Plui-national Pachakutik
United Movement -New Country (El Movimiento Pluinacional
Pachakutik - Nuevo Pais), on 17 October 2004. According to her
lawyer and local organizations, she is accused of organizing a
strike that brought oil production in the Dayuma parish of
Orellana, in Ecuador's northwest Amazonian region, to a halt.  She
was arrested in her home by the Ecuadorian army on 7 December
2007, and was accused of sabotage and terrorism related to the
strike. A third charge of fraud was brought against her after she
was imprisoned, in what appears to be an attempt to keep her in
prison long enough to remove her from her office.  

Guadalupe Llori denies all the charges against her, and her
defence lawyer and local human rights organisations maintain that
there is no credible evidence to support the charges. This would
appear to be supported by the fact that there have been three
separate court rulings ordering Guadalupe Llori's release from
custody. Despite this Guadalupe Llori remains in prison.

Guadalupe Llori has twice been refused the right to habeas corpus
- to appear before a judge to challenge the legality of her
detention and to be released if the detention is found to be
illegal.  The right to habeas corpus is clearly established in
Article 93 of Ecuador's Constitution.  In addition, refusing
habeas corpus contravenes due process guarantees laid down in the
American Convention on Human Rights and the International Covenant
on Civil and Political Rights, both of which have been ratified by
Ecuador. Ecuador's Constitution (Article 23, clause 27) also
guarantees that the law and legal proceedings should be fair -
respect for due process.  

BACKGROUND INFORMATION:
Twenty-three people were detained on charges of terrorism and sabotage
following the strike that took place between 26 November and
2 December 2007 in the Amazonian province of Orellana. Protestors were
demanding that oil companies hire more local residents and make income
tax and royalty payments directly to the local governments.  As a result of the strikes
that destabilised the local airport and halted oil production on
29 November 2007 the Ecuadorian government declared a state of
emergency in the province.  

The 23 people arrested, including Guadalupe Llori, were detained
by the army in their homes and places of work.  Since their
arrest, 16 people have been released without charge, including
seven who were given an amnesty by the Constituent Assembly, a
body set up in September 2007 charged with rewriting the
Constitution, on 18 March 2008.  This was part of a wider, general amnesty that
benefited a total of 360 people.

RECOMMENDED ACTION:
Please send appeals to arrive as quickly as possible, in Spanish or your own language:

- asking the authorities to clarify under what charges, if any, Guadalupe Llori remains in custody;
- calling on authorities to respect the three court rulings ordering Guadalupe Llori's release
if there are no grounds to substantiate the charges of terrorism, sabotage and fraud;
- if there are confirmed charges, calling on authorities to respect Guadalupe Llori's right to be
brought promptly before a judge or other judicial officer, and her right to receive a trial
within a reasonable time or to be released from detention;
- reminding the authorities that Guadalupe Llori would be considered a prisoner of conscience
if she were detained solely on politically motivated charges and, as such, Amnesty International
would call for her immediate and unconditional release.  

APPEALS TO
(Time difference = GMT - 5 hrs / BST - 6 hrs):
President of the Republic of Ecuador
Econ. Rafael Correa
Presidente Constitucional de La Republica del Ecuador
Palacio de Carondelet
Garcia Moreno 1043
Quito
ECUADOR
Fax: 00 (593 2) 2580 714 (Despacho Presidencial)
E- mail: "This email address is being protected from spam bots, you need Javascript enabled to view it!"
[Salutation: Dear President Correa / Excelentisimo Presidente
Correa]

Attorney General
Dr. Washington Pesantez
Ministro Fiscal General del Estado                        
Fiscalia General del Estado
Ministerio Publico del Ecuador
Av. Eloy Alfaro No 32-240 y Republica
Quito
ECUADOR
Telefax: 00 (593 2) 255 9957 or 255 9958 (when the phone is
answered ask for 'tono de fax, por favor')
E-mail: "This email address is being protected from spam bots, you need Javascript enabled to view it!" and "This email address is being protected from spam bots, you need Javascript enabled to view it!"
[Salutation: Dear Attorney General / Sr. Fiscal General ]

Minister of Justice and Human Rights  
Dr. Gustavo Jalk
Ministerio de Justicia y Derechos Humanos
Av. Amazonas 4545 y Pereira. Edf.
Centro Financiero. Piso 10. Of. 1010
Quito
ECUADOR
Fax: 00 (593 2) 298 1202
[Salutation: Dear Sir / Sr. Ministro]

PLEASE SEND COPIES OF YOUR APPEALS TO:
Head of Mission Dr Teodoro, Maldonado Reira, Embassy of Ecuador,
Flat 3b, 3 Hans Crescent, London SW1X OLS
Fax: 020 7823 9701
Email: "This email address is being protected from spam bots, you need Javascript enabled to view it!"

PLEASE SEND APPEALS IMMEDIATELY

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SHOULD YOU MENTION AMNESTY INTERNATIONAL IN YOUR APPEALS? The name of
Amnesty International may be used unless otherwise stated in the text above. Letters written in a
private or personal capacity may be more effective.
FAX NUMBER NOT WORKING? Officials will sometimes switch off their fax machines to stop
appeals arriving – please keep trying. If you can't get through, please
put your appeal in the post. If a number is unobtainable please inform the Urgent Action team.
EMAIL ADDRESS NOT WORKING? Please send a copy of the delivery error report to
"This email address is being protected from spam bots, you need Javascript enabled to view it!"
RECEIVED A REPLY FROM A GOVERNMENT OFFICIAL? Please send it or a copy to the
Urgent Action team. If appropriate, thank the official who has replied and ask
to be kept informed about the case.

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