committed in the exercise of their professional duties. In the case of ordinary offenses, they shall be subject to the ordinary jurisdiction.”20 31. Article 24(8) of the 1998 Constitution 21 stipulated: Article 24. To ensure due process, the following basic guarantees shall be observed, without prejudice to others established in the Constitution, international instruments, laws or case law. […] (8) Pre-trial detention shall not exceed six months in cases of offenses punishable by imprisonment, or one year in offenses punishable with penal servitude. If these terms are exceeded, the order of pre-trial detention shall expire under the responsibility of the judge hearing the case […]. In any case, and without any exception, once a stay of proceedings or an acquittal has been issued, the detainee shall immediately recover his liberty, without prejudice to any pending remedy or consultation. 32. Regarding the jurisdiction, article 4 of the Criminal Code of the National Civil Police (hereinafter also “CCNCP”) established that “[t]he jurisdiction for members of the National Civil Police is only applicable in the case of offenses committed in the exercise of their specific functions as members of this Institution, and for offenses determined in this Code and in the Disciplinary Regulations.”22 33. Furthermore, article 4 of the Code of Criminal Procedure of the National Civil Police (hereinafter also “CCPNCP”) in force at the time of the facts stipulated that “[t]he jurisdiction [was] distributed based on the rank, territory and instances,” while article 5 established that “[t]he jurisdiction is exercised, based on the case, […] by the Supreme Court.” Lastly, article 7 indicated that “t]he jurisdiction for the members of the National Civil Police is applicable only with regard to offenses committed in the exercise of their specific functions as members of this Institution, and for offenses determined in this Code and in the Disciplinary Regulations.”23 34. Article 91 of the CCPNCP24 established the situations in which pre-trial detention was admissible: The suspect shall not be detained unless the following circumstances concur: 1. Procedural information leading to the presumption of the existence of an offense that should be prosecuted, ex officio, and that merits imprisonment, and 2. Evidence or significant presumptions that the accused is the perpetrator of the offense, or an accomplice. 35. In addition article 167 of the CCPNCP25 establishes the elements that a reasoned order should include: 1. The statement that the case is admissible; 2. The offense prosecuted, and the names of the perpetrators, accomplices and accessories after the fact; 3. The arrest warrant for the accused; 4. The indication that the accused may appoint defense counsel, if he so wishes; 5. The order for a deposition to be taken from the accused; 6. The order for the embargo of equivalent assets of the accused, whenever financial liability may be found, and 7. The instruction that a copy of the reasoned order be forwarded to the head of the corps on whose premises the accused should be detained and to the head of the respective district. 1988 Constitution of the Republic of Ecuador, Official Record 1 of August 11, 1998, articles 183 and 187 (evidence file, fs. 4102 to 4174). 20 21 1988 Constitution of the Republic of Ecuador, article 24.8, supra. Criminal Code of the National Civil Police, published in the Supplement to Official Record No. 1202 of August 20, 1960, article 4 (evidence file, fs. 3117 to 3191). 22 Code of Criminal Procedure of the National Civil Police, published in the Supplement to Official Record No. 1202 of August 20, 1960, articles 4, 5 and 7 (evidence file, fs. 3192 to 3233). 23 24 Code of Criminal Procedure of the National Civil Police, article 91, supra. 25 Code of Criminal Procedure of the National Civil Police, article 167, supra. 10