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Ecuador Military Justice
Military justice followed procedures prescribed in the armed
forces' penal code. A trial for a nonserious offense was held in
the military unit of the accused, with the case usually prosecuted
by a member of the judge advocate corps and decided by the unit
commander and two officers of captain rank. The accused had the
right to representation and to speak in his or her own defense and
to be defended by a qualified individual. Trials for more serious
offenses were held in the headquarters of the military zone or the
navy or air force district in courts known as military discipline
councils. A member of the military accused of serious crimes was
subject to court-martial. All members of such a court were senior
in rank to the accused.
Military law could be implemented in cases of serious civil
disorder. Such law authorized trials of civilians in military
courts. Civilians could also be tried for infractions of military
regulations or acts against military installations. In practice,
few civilian detainees were placed under military control and these
were generally persons accused of terrorism or subversion.
The procedures and penalties in military trials closely
approximated those of civil courts. The maximum penalty was sixteen
years for most serious crimes, such as murder. A person convicted
of the military offense of treason, however, could be punished by
life imprisonment. An individual guilty of insubordination could
receive from three months to two years of military confinement. In
cases of absence without leave, sentences ranged from eight days to
two years, depending in part on the reasons for the transgression.
Data as of 1989
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