11 41. That as regards the kind of rights which may be suspended under the state of exception, the second paragraph in Article 164 of the amended Constitution imposes upon the President of the Republic the obligation of expressly including in the decree whereby the state of exception is established which rights may be suspended or limited, as well as in Article 165 thereof the intangibility or the inviolability of all the rights enshrined in the Constitution is also guaranteed, with the exception of the ones regarding inviolability of domicile, confidentiality of correspondence, freedom of movement and of association, right of assembly and freedom of information. The latter limits the discretion of authorities as regards the kind of rights which may be suspended in states of exception and excludes from such possibility those set forth in Article 27(2) of the Convention. 42. That as relates to adapting the provisions in the Ley de Seguridad Nacional [National Security Law] to the American Convention, as far as preventing the military jurisdiction from being vested with powers falling under the competent jurisdiction of ordinary courts is concerned, the Court sets great store by the Judgment passed during the month of July, 2008 by the Tribunal Constitucional del Ecuador [Constitutional Court of Ecuador], wherein Articles 145 and 147 of the Ley de Seguridad Nacional [National Security Law] were declared unconstitutional, for it endorses the conventionality the courts in Ecuador apply. 43. That the new constitutional order has brought about the exclusion of such statutory statement from the domestic legal system, thereby derogating the rule that violated the Convention. Furthermore, it implies that the military criminal jurisdiction is no longer competent neither to be seized with the acts occurring during a state of exception that may be criminal, nor to judge and punish military personnel or civilians for human rights violations perpetrated during states of emergency, thus preventing de facto suspensions of the investigation into such acts by the ordinary criminal jurisdiction, such as it happened in the instant case. 44. That, additionally, the State reported having expedited various legislative reforms, including: 1) Article 188 in the Constitution, providing that by operation of the principle of jurisdictional unity the members of the Armed Forces and of the National Police shall be judged by the ordinary jurisdiction and the disciplinary and administrative infractions will be subject to their own rules of procedure, the cases of special jurisdiction to be judged on the basis of rank and administrative responsibility; 2) the transitional provision number eight in the Constitution, providing that the proceedings pending before the police and military courts will be forwarded to the Corte Nacional de Justicia [National Court of Justice]; 3) the Interpreting Judgment dated December 1, 2008, whereby the Constitutional Court indicated that, in the absence of legislation on the subject and in order to guarantee the jurisdictional unity principle, the National court was to be seized with the proceedings pending before the former police and military benches, a mechanism that remained in force until the Código Orgánico de la Función Judicial [Organic Code for Court Operation] became effective, and 4) the publication of the Código Orgánico de la Función Judicial [Organic Code for Court Operation], where it is enacted that the criminal courts specializing in military and police matters form part of the ordinary jurisdiction; the Sala de lo Penal Militar y de lo Penal Policial [Criminal Chamber for Military and Police Matters] is established within the Corte Nacional de Justicia [National Court of Justice] along with the way jurisdiction is to be determined in criminal military and police cases, as well as its transitional providing that the ordinary courts with competent jurisdiction be seized with the proceedings commenced before military or police jurisdictions, to be carried on from the procedural stage still pending and that the proceedings having commenced before the Code became effective shall observe the rules of procedure under which they