18 review the judgments issued by the Police and Military Courts, according [to] a decision [which was adopted on March 1st, 2006, and which entered into force on May 19, 2007. Said decision was adopted] unanimously, [by] the former members of the Constitutional Court, who declared the unconstitutionality of article two of the Ley de Casación [(Law on Appeal to the Supreme Court)] in force in the country[,] which stipulated that ‘appeal to the supreme court is not admissible… for judgments and orders delivered by Police and Military Forces’ special courts’[. Therefore, with] this decision, all judgments can get to the Supreme Court of Justice’s chambers.” 62. The fact that the National Security Law (No. 275 of 1979) was in force at the time of the events is not in dispute. Some of its articles stipulated the following: ARTICLE 2.- The State ensures the survival of the community, the defence of the national patrimony and the achievement and maintenance of the National Objectives; and its primary function is to strengthen the national unity, to ensure the respect of the fundamental rights of man and to promote the economic, social and cultural progress of its inhabitants, by counteracting both internal and external adverse elements, through political, economic, social and military actions and precautions. […] ARTICLE 144.- In times of peace, the offences set out in this Law will be judged by the respective magistrates attending the jurisdiction of the offender, in accordance with the provisions set forth in the Codes of Criminal Procedure. ARTICLE 145.- In times of war or when mobilization has been decreed, the infractions specified in the previous Chapter will be judged with respect to the provisions set forth in the Military Criminal Code, and no jurisdiction will be recognized. […] ARTICLE 147.- Once the State of Emergency has been declared, the offences punished with imprisonment will be judged in accordance with Article 145. 63. The representatives referred to various laws which govern the police and military sectors and which confer jurisdiction to police and military tribunals to investigate and prosecute members of the government force charged with certain offences, when such offences occurred in the performance of their duties46. The representatives allege that this situation allowed for the killings committed by militaries to remain unpunished in certain situations, and that the reform to the Constitution in 1998 did not change this situation, since the way in which article 187 of the Political Constitution is currently written allow for special jurisdictions to remain in force for members of the government force. 64. The Court observes that pursuant to Articles 145 and 147 of the Ecuadorian National Security Law in force at the time of the facts of the instant case, criminal acts perpetrated during a state of emergency declared on the grounds of the said law and which could constitute crimes of certain seriousness would fall under military criminal jurisdiction. As such, irrespective of who would commit the offence, military courts automatically had jurisdiction to hear these facts; that is, to eventually prosecute and punish civilians and members of the armed forces who had committed offences against civilians. That is, within the declaration of a state of emergency, those rules would confer to military courts jurisdiction usually attributed to ordinary courts. 65. Furthermore, as it arises from a document presented by the representatives in their brief on pleadings and motions47, the Code of Military Procedure does not foresee particular accusation – 46 Both in their final arguments and in their brief containing evidence to facilitate the adjudication of the case, the representatives point out Articles 5 and 6 of the Code of Military Criminal Procedure, Articles 6 and 7 of the Code of Criminal Procedure of the National Police; Article 172 of the Organic Law of the Judiciary; Article 84 of the Organic Law of the National Police and Article 110 of the Law on the National Police Staff. 47 Cf. notes No. 335 and 482 of July 10 and October 16, 2002, signed by the President of the Military Court of Justice (annexes to the brief on pleadings and motions, Annex 41, folios 885 and 887).