Constituent Mandate 13

The text of Mandate 13 is as follows:^[1]

WHEREAS,

That the Constituent Assembly in article 1 of the Mandate No. 1, approved in the session of the plenary on November 29, 2007 and published in the Supplement of the Official Registry No. 223 on Friday, November 2007, assumes and exercises the PLENARY POWERS:

That article 1 of the Functioning Regulation of the Constituent Assembly of December 11, 2007, published in the Supplement of the Official Registry No. 236 on December 20, 2007, orders "the Constituent Assembly represents the popular sovereignty which is located in the Ecuadorean people; and its own nature is granted plenary powers;

That article 2, number 2 of the Functioning Regulation of the Constituent Assembly, orders "In the exercise of its powers the Constituent Assembly will approve...2 Constituent Mandates: decisions and norms expedited by the Constituent Assembly for the exercise of its plenary powers. These mandates will be effective immediately, without prejudice of its publication in the respective organ.

That the failure of the financial system in the 90s caused enormous losses to the Ecuadorean state, the same which were assumed by all the Ecuadoreans and which up until today have not been paid in their totality.

That the Agency of Guaranteed Deposits, in its capacity as judges of Co-actives, through Resolution AGD-UIO-GG-2008-12 of July 18, 2008, in light of the estimated losses of $661,500,000 dollars against the ex-shareholders of Filanbanco SA ordered the immediate confiscation of various of their properties in accordance with that ordered in article 29 reformed by the Reordering Law on Economic Matter in the area of Tributary Finance.;

That the Constituent Assembly, supports the actions adopted by the constituted powers in the eradication of all forms of corruption and impunity as well as the freedom of expression in democracy, which will not be affected by this measure which has no direct relation with the referred liberty;

That the Constituent Assembly, in exercising its plenary powers and in the areas of social peace, has the obligation to guard the stability, rights and guarantees of the workers and the employees of companies intervened by the Agency of Guaranteed Deposits (AGD) through resolution AGD-UIO-GG-2008-12 of July 8, 2008; and

In the use of its attributes and faculties expedites the following:

CONSTITUENT MANDATE NO. 13

Article 1. Ratify the complete legal validity of the Resolution AGD-UIO-GG-2008-12 of July 8, 2008, where the confiscation of the property of the ex-shareholders and ex-administrators of Filanbanco SA is ordered with the finality of returning the money to the State and all of the Ecuadoreans that still remain damaged due to the bankruptcy of said bank.

In 2016, the UN Human Rights Committee ruled that "Mandate 13", a measure quickly passed by the Ecuadorian legislature to approve seizure of The Isaias Group's assets, violated the right to due process of the Isaiah brothers, protected by Article 14 of the International Covenant on Civil and Political Rights, of which Ecuador is a subscriber.^[2]