An Ecuadorian court has released five Indigenous protesters arrested after President Daniel Noboas motorcade was stoned in Cañar province amid a nationwide strike that has been underway since September 22 in response to the governments decision to eliminate the diesel subsidy.
The incident occurred during demonstrations when a group of Indigenous protesters who had blocked a road in this southern Ecuador province, specifically in the El Tambo canton area, threw rocks at vehicles in Noboas convoy, leaving dents and shattered windows.
The right-leaning head of state was unharmed and proceeded with his scheduled event in Cañar to deliver sewer works and inspect a wastewater treatment plant.
Even so, Energy and Environment Minister In E9s Manzano said she had filed a complaint with the Attorney Generals Office against the demonstrators, accusing them of an attempted attack on the presidents life. She also confirmed they would be prosecuted for the alleged crime of terrorism.
In response to the events in Cañar, the Confederation of Indigenous Nationalities of Ecuador (Conaie) voiced deep concern, arguing that the episode lejos de ser un accidente was a provocation by the national government that repeats what it called the humanitarian convoy script to justify repression.
The organization said the episode reflected a false flag intended to criminalize the Indigenous movement, rejecting the governments claim of an attempted assassination against five protesters: Mar EDa Chimbo, Jaime Guam E1n, Franklin Pichizaca, Jos E9 Guam E1n and Luis Yupa. It also demanded respect for due process without political pressure and called for their release.
No Terrorism, No Assassination
Azogues criminal judge C9rika C1lvarez declared the detention of the five Indigenous protesters unlawful and ordered their immediate release.
The ruling came after she reviewed police procedures during a flagrancy hearing held on Tuesday that lasted more than five hours.
During the session, the judge heard arguments from prosecutor Martha Villamar EDn Paredes as well as from the protesters defense attorneys.
While the Prosecutors Office argued there were indications of an attack against vehicles in Noboas motorcade, defense lawyers contended the arrests were arbitrary and unconstitutional.
Prosecutors said the five Indigenous protesters had allegedly committed the crimes of attack or resistance and damage to private property, as defined in Ecuadors Comprehensive Organic Criminal Code (COIP). However, when filing the complaint with the State Attorney Generals Office (FGE), Minister Manzano requested that the detainees be prosecuted for an attempted assassination of the president and for terrorism.
Judge C1lvarez, however, determined that there were irregularities in the Public Ministrys actions, specifically in the arrest procedure, which invalidated the detentions.
For that reason, the Indigenous protesters lawyers demanded that the hearing be halted and their clients liberty restored.
For her part, prosecutor Villamar EDn, though disagreeing with the decision, chose not to bring charges against the detainees, noting that doing so would create a procedural defect.
The Prosecutors Office places on the record in this hearing what has occurred and the direction you have given. The Prosecutors Office will continue with a preliminary investigation so this case does not go unpunished, she said, as quoted by Radio Pichincha.
With no charges filed, Judge C1lvarez ordered the immediate release of the four men held at the Azogues No. 2 Deprivation of Liberty Center and of the woman held at the Cuenca womens prison.
A key step against the criminalization of social protest
Following the release of the detained Indigenous protesters, Conaie said the ruling by Ecuadors judiciary represents a significant step against the criminalization of social protest.
They emphasized that it reaffirms that the peoples struggle is legitimate and constitutional.
We demand an end to persecution and for the deep causes of the crisis to be addressed with political, not repressive, solutions, the group posted on its X account.