{"id":5959,"date":"2013-01-24T15:10:57","date_gmt":"2013-01-24T20:10:57","guid":{"rendered":"http:\/\/www.alvaronoboa.com\/?p=5959"},"modified":"2013-01-24T15:10:57","modified_gmt":"2013-01-24T20:10:57","slug":"dr-jorge-zavala-egas-alvaro-noboa","status":"publish","type":"post","link":"https:\/\/www.alvaronoboa.com\/en\/news\/dr-jorge-zavala-egas-alvaro-noboa\/","title":{"rendered":"Dr. Jorge Zavala Egas &#8211; \u00c1lvaro Noboa: The Political Persecution and Constitutional Resistance"},"content":{"rendered":"<p><a href=\"http:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/Dr-Jorge-Zavala-Egas.jpg\" rel=\"lightbox[5959]\"><img loading=\"lazy\" class=\"alignleft size-medium wp-image-5565\" title=\"Dr Jorge Zavala Egas\" src=\"http:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/Dr-Jorge-Zavala-Egas-300x200.jpg\" alt=\"\" width=\"300\" height=\"200\" srcset=\"https:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/Dr-Jorge-Zavala-Egas-300x200.jpg 300w, https:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/Dr-Jorge-Zavala-Egas-1024x682.jpg 1024w\" sizes=\"(max-width: 300px) 100vw, 300px\" \/><\/a><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<div id=\"attachment_5567\" style=\"width: 263px\" class=\"wp-caption aligncenter\"><a href=\"http:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/Dr-Jorge-Zavala-Egas-Alvaro-Noboa-La-persecuci\u00f3n-pol\u00edtica-y-su-resistencia-constitucional.jpg\" rel=\"lightbox[5959]\"><img aria-describedby=\"caption-attachment-5567\" loading=\"lazy\" class=\"wp-image-5567 \" title=\"Portada Dr-Jorge-Zavala-Egas---Alvaro-Noboa-La-persecuci\u00f3n-pol\u00edtica-y-su-resistencia-constitucional\" src=\"http:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/Dr-Jorge-Zavala-Egas-Alvaro-Noboa-La-persecuci\u00f3n-pol\u00edtica-y-su-resistencia-constitucional.jpg\" alt=\"\" width=\"253\" height=\"350\" srcset=\"https:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/Dr-Jorge-Zavala-Egas-Alvaro-Noboa-La-persecuci\u00f3n-pol\u00edtica-y-su-resistencia-constitucional.jpg 1174w, https:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/Dr-Jorge-Zavala-Egas-Alvaro-Noboa-La-persecuci\u00f3n-pol\u00edtica-y-su-resistencia-constitucional-216x300.jpg 216w, https:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/Dr-Jorge-Zavala-Egas-Alvaro-Noboa-La-persecuci\u00f3n-pol\u00edtica-y-su-resistencia-constitucional-740x1024.jpg 740w\" sizes=\"(max-width: 253px) 100vw, 253px\" \/><\/a><p id=\"caption-attachment-5567\" class=\"wp-caption-text\">Cover<\/p><\/div>\n<p>&nbsp;<\/p>\n<p>Download for Free: <a title=\"\u00c1lvaro Noboa: La persecuci\u00f3n y su Resistencia Constitucional - Jorge Zavala Egas\" href=\"http:\/\/www.alvaronoboa.com\/wp-content\/uploads\/2013\/01\/\u00c1lvaro-Noboa-La-persecuci\u00f3n-y-su-Resistencia-Constitucional-Dr-Jorge-Zavala-Egas.pdf\" target=\"_blank\">\u00c1lvaro Noboa: La persecuci\u00f3n y su Resistencia Constitucional.<\/a><\/p>\n<p>&nbsp;<\/p>\n<p style=\"text-align: center;\"><iframe loading=\"lazy\" src=\"http:\/\/www.youtube.com\/embed\/xQ5TwukyZIc\" frameborder=\"0\" width=\"480\" height=\"360\"><\/iframe><\/p>\n<p><strong>PRESS CONFERENCE JORGE ZAVALA EGAS [January 17, 2013]<\/strong><\/p>\n<p><strong>Jorge Zavala Egas: <\/strong>Thank you very much for attending. \u00a0The objective of having called you together is to transmit to Ecuadorian society a new system of debt collection owed the Ecuadorian state that was brought into effect via a law published on September 26, 2012 and that the public administration in general has begun to apply in, at least let\u2019s say, an exorbitant way. What is the problem? The problem consists of this law being badly applied, allowing any collector from public businesses, public sector institutions, for example, the Internal Revenue Service, the National Customs Service, the Social Security Institute, the National Development Bank and any institution that has the right to collect these debts, allowing them to initiate coercive procedures, according to them. But at the same time, upon initiating coercive procedures, they are rejecting the legal entity of the businesses in debt. They are going to the natural persons behind the legal entity and their goods. But they don\u2019t stop there. They are also going to the goods of people related to or associated with those persons:\u00a0 fathers, children, brothers. And on the basis of this, for example, if a business has Jorge Zavala as a stock holder, that business owes to the IESS, it owes to the IRS, according to them, and they initiate coercive action, automatically, once the demand for payment is initiated, they remove the legal entity status from my company, they come for my goods and if they consider that my goods are not sufficient, they can come for the goods of my family members, my children, my siblings, up to four degrees of relation, and that applies to all Ecuadorians, no one is safe.<\/p>\n<p>That system was inaugurated on September 28, precisely two days after the law for the Noboa Case of \u00c1lvaro Noboa against the Internal Revenue Service came into effect. The debtor: \u00a0<em>Exportadora Bananera Noboa<\/em>; tax identification: \u00a0the <em>Bananera Noboa<\/em> business;\u00a0 business debtor: <em>Bananera Noboa<\/em>. All this during 2009-2012, but from September of 2012, the debtor is no longer <em>Bananera Noboa <\/em>and the collection office saddles \u00c1lvaro Noboa, as a natural person with, and with him, all the persons related to \u00c1lvaro Noboa Pont\u00f3n in Guayaquil. The other example in Quito was published and is notorious, that was published by the media: the EICA case. And likewise they came against the legal entity and the corporation, but at the same time initiated a collection against the sons and the brothers of the stockholder of EICA. But that\u2019s not where it ends.<\/p>\n<p>In smaller cases, work inspectors, I\u2019m not referring to authorities on high, work inspectors stating simply that the debt is also the responsibility of the father of the employee also seized the goods of the employee\u2019s father, and they instigated an embargo and auctioned off the goods of the father on the basis of the same law. If we multiply this by the entire national spectrum, I believe that Ecuadorian society, all of us \u2013 and \u00a0I refer, ladies and gentlemen, to all of you as well \u2013 who have any kind of familiar association with persons who have stocks in any business, if that business should be a debtor for any reason, any sector or any public sector, your goods are in danger and it is necessary for Ecuadorian society to know it.<\/p>\n<p>Article 1 of the Organic Law for the Defense of Labor Rights introduces this norm, not only in order to defend labor rights, but to defend all the debts to the Treasury as well.<\/p>\n<p>Ladies and gentlemen, this should be stopped.\u00a0 The abuse, the arbitrariness, the savagery with which this law is being applied has no comparison in any civilized country. It is necessary for Ecuadorian society to become aware of it and to\u00a0 request, not the abrogation, but rather that the procedures be indicated, the motives for which the Treasury can be compensated for debts owing it, but not with respect to natural persons who don\u2019t have anything to do with the issues of a business, nor with the debt as such, but have to pay anyway.\u00a0 It\u2019s \u00a0the same, just to give an example, as what happens with child support, or payments that get passed on to the children, so if the parents don\u2019t pay, then the brother should respond, and if not the brother, then the uncle, if not the uncle then the parent, and that is the same that is going to happen generally.<\/p>\n<p>As a result, I have decided, upon \u00c1lvaro Noboa\u2019s request, to write a manual of what is happening. That manual is going to be distributed to you, and in this case I have named it, \u201cPolitical Persecution\u201d because, in this case, there is a political motive, and you and any Ecuadorian can read, debate, and disagree with the arguments and the inventory of the crimes and I would like that there be a public debate in order to know whether I am right or not.\u00a0 For that reason, I have not only decided to hold a press conference, but also to distribute this manual to you, so that you, with the legal advice that you should have, have a look at what has happened and see that this is what I am saying.\u00a0 It\u2019s the truth and giving the Press the seriousness it deserves, I have decided not only upon short affirmations in a press conference, but also on delivering in writing with my signature and responsibility what I have just denounced. It is necessary for all Ecuadorians become aware of it.<\/p>\n<p>My motive is not political. I am not in active politics, as you know. I am a citizen concerned with the judicial guarantees of every Ecuadorian. Today it is Noboa, tomorrow it could be P\u00e9rez, and the day after tomorrow, it could be any of us. The abuse has to be stopped. You will be given this manual and after you have read it, I am ready for any kind of interrogation, questions, arguments, debates with whatever public authority in whatever setting that I am invited to in order to sustain what I have stated here. For that reason, and for the seriousness that I feel the Press deserves as intermediaries in the issue, I hand out this pamphlet, this manual entitled, \u201cPolitical Persecution\u201d and the constitutional resistance that all of Ecuadorians merit. In this specific case, the study has been done on the procedure against \u00c1lvaro Noboa Pont\u00f3n, but I repeat, it can be generalized to all the cases that we know here, which are approximately five, cases in which they are applying in an absurd, perverse way, a law that puts all of us Ecuadorians on pins and needles with regard to family goods.\u00a0 That is all I wish to say. Thank you, and any questions, I would be pleased.<\/p>\n<p><strong>Press:\u00a0 <\/strong>Doctor, good afternoon. So, that means that currently there is no regulation or any authority, whether I be that judge or some labor tribunal or work or tax tribunal. They have assumed responsibility to say \u201cYes, you can make those demands against people third or fourth line blood relatives.\u201d<\/p>\n<p><strong>Jorge Zavala: <\/strong>The question is very interesting and I am going to tell you from practice. The debt is determined. The Internal Revenue Service, the IESS, whatever institution specifies the debt and without notifying that responsible body, distanced as they are in the company issues, and from the debt, they initiate a demand for payment.\u00a0 They declare that third person responsible for the demand of payment, and in turn, the demand of payment encompasses precautionary measures, prohibition to transfer goods, prohibition to leave the country, against those third parties that in the demand of payment . Only in the demand of payment there is forceful persecution, they have and can defend themselves, but not from the declaration of responsibility, and also not whether the debt is legitimate or not; they can only defend themselves without saying a word during a demand for forceful execution. That\u2019s why they call it coercive. Coercive means, either you pay or you pay in kind with goods or I embargo your goods. And in the case that I am citing, from the labor sector, they even went to auction, and it tells you in the demand,\u00a0 the work inspector to that natural person, who doesn\u2019t have anything to do with the debt, that, unfortunately, that according to Article One of the Organic Law for the Defense of Labor Rights, your goods have been auctioned, and you have just been notified.<\/p>\n<p><strong>Press: <\/strong>\u00a0Normally, in what time frame should all this occur?\u00a0 One week?\u00a0 One month?<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>If you would consider that an administrative act of declaration of responsibility allows you to contest it within 15 days, showing that you don\u2019t have anything to do with the debt and that the debt is illegitimate. From there, the appeal, is approximately, according to our statute, 60 days.<\/p>\n<p><strong>Press: \u00a0<\/strong>Normally, there should be a regulation to say what are the stages that should occur in this process.<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>In no country in the world has this power been given to public administration. This power is in the hand of judges and within due process where one can defend one\u2019s self, where one can argue it and it can be proven.\u00a0 It\u2019s not a summary administrative process like a forceful execution. Only in Ecuador is this power given to treasury collectors, who 99% of the time are not even lawyers. They don\u2019t have the means of evaluating the legal entity of each individual. That is the reality that we are living in and therefore I am distributing this manual so that you can take account of the dates, the demands, and that you ask those who are responsible that what I am saying is the pure truth.<\/p>\n<p><strong>PRESS: <\/strong>Counselor, logically, many months have passed in this case. How come you have brought it to a press conference now? You know that the case is paralyzed by the presidential candidacy.<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>It is paralyzed because of Attorney Noboa\u2019s trial of exceptions. In the trial of exceptions, it\u2019s no longer <em>Bananera Noboa<\/em>, in any case, now it\u2019s \u00c1lvaro Noboa.<\/p>\n<p><strong>Press: <\/strong>\u00a0Why is he addressing this issue now?<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>He\u2019s not stopped since September 28.<\/p>\n<p><strong>Press: <\/strong>\u00a0Are you in charge of this case?<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>I was legally consulted by \u00c1lvaro Noboa Pont\u00f3n and as a result of that legal consultation, which is published on the first page of the manual that I am distributing, I did the legal study and am putting it to the disposition of public opinion.<\/p>\n<p><strong>PRESS: <\/strong>\u00a0Is there not going to be any denunciation brought by the legal side?<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>No, I, the only thing that I want, and I repeat, is to reach the conscience of the Ecuadorian community. If the Ecuadorian community receives the issue in its just, non-politicized dimensions \u2013 just because this is a politician, doesn\u2019t mean the arguments are political \u2013 the arguments are legal and legal arguments should be legally debated. If the IRS, Customs, the IESS, the Ministry of Labor want to debate it with me, I would be more than happy. But I repeat, the aim is for social awareness. One can\u2019t live in a community with one\u2019s family goods at permanent risk because of the lack of responsibility of public administrations. We live in a country that I consider to be totalitarian. There should be a limit and the limit, at the very least, should be to have goods, a house, a car, a vehicle safe from the arbitrary actions of an administration.<\/p>\n<p><strong>Press: <\/strong>\u00a0Will you make a formal invitation to the authorities?<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>Via you, I am doing just that. I, formally, I repeat, have no problem to debate it in the university setting with any legal expert in the country who disagrees with my opinion, in the media, or in whatever setting.\u00a0 Because what I am saying, I know to be the truth, which is why I am distributing the manual. The best way to argue is to give arguments, therefore I am giving them to you.\u00a0 Go ahead and analyze these arguments because in them is my credibility, my professionalism is at stake, and therefore I present them to you.\u00a0 And not just here. This is a manual that from today will be distributed internationally, because it deserves the attention of the Inter-American Human Rights Commission, and it deserves the attention of all the Human Rights organizations in the world.<\/p>\n<p><strong>Press:\u00a0 <\/strong>Why didn\u2019t you do it before?<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>Because the law came into effect on the 26 of September. It was put into practice on the 28<sup>th<\/sup> of September, and after that, this last thing that I just mentioned was on the 8<sup>th<\/sup> of November. That is to say, we are in the process of the application of this law and therefore, with arguments and proof, I can tell you. I can\u2019t say \u201cThis is going to happen.\u201d I\u2019ve said, \u201cThis is happening.\u201d And that is what I show in the manual.<\/p>\n<p><strong>Press:\u00a0 <\/strong>\u00a0And this is going to accompany Mr. Noboa\u2019s campaign?<\/p>\n<p><strong>Jorge Zavala: <\/strong>\u00a0I couldn\u2019t care less about anyone\u2019s campaign. I\u2019m not in politics. It doesn\u2019t matter to me who wins and who loses. I live in my country independently of government.\u00a0 Whoever that is. If it\u2019s Correa\u2019s totalitarianism that wins, it wins. If it\u2019s Lasso\u2019s liberalism that wins, it wins. If it\u2019s Zavala\u2019s populism that wins, it wins. What interests me is working for my country and I work in the legal arena. I don\u2019t say to vote or not vote. Whoever wants to, should vote for their candidate.<\/p>\n<p><strong>Press: <\/strong>\u00a0How long did your research take?<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>My research lasted from 27 of September 2012 until 9 of January, 2013.<\/p>\n<p><strong>Press:\u00a0 <\/strong>What happens if the authorities ignore the manual?<\/p>\n<p><strong>Jorge Zavala:\u00a0 <\/strong>I don\u2019t believe that the authorities, as far as we know, will have any opinion, but if they wish to put forward their opinion, we are ready to debate it. Until now, when I have contributed to the fight regarding patrimonial declarations, I have done so publicly; they\u2019ve invited me to debate it, we\u2019ve debated.\u00a0 The social conscience presented its arguments. When the national Government invited me to debate against Mr. Alexis Mera, we debated on the national channel, the state channel. I have no problem with debating. There we will see, before the social community, if I am right. I am right. I ask:\u00a0 Why should one brother have to be respond to a debt that another brother acquires in a business that the first knows nothing about?\u00a0 And he has to be responsible without any right to defense? Is that possible? I ask; let\u2019s go to the same family. If Mr. Correa\u2019s brother\u2019s business were indebted to the Treasury, would President Correa have to respond to those debts? Well, that\u2019s the result. Therefore, I am not defending one, nor attacking the other. I am stating what is happening to all of us Ecuadorians. \u00a0One day we will think without sectarian politics, Correa or no Correa. This country is not about that. We think about all Ecuadorians. I ask: Who doesn\u2019t have problems with IESS affiliations? \u00a0We are not thinking only about the IRS, we are thinking about the <em>Banco de Fomento <\/em>(Development Bank) with the farmers, and the coercive actions of the <em>Banco de Fomento<\/em> against whomever it acts. Is it just against the debtor? No, sir. Now the gamut has been extended to associates and relatives.<\/p>\n<p>We are not thinking about the big ones; we are thinking about the common denominator of businessmen and those related to businessmen, and not big businessmen. We are speaking about small businessmen. Even the <em>Banco del Pac\u00edfico<\/em> has coercive power as it is a State bank. <em>Banco de Pac\u00edfico <\/em>clients are exposed to the same thing.\u00a0 Therefore, don\u2019t just take this as from Correa because it\u2019s \u00c1lvaro Noboa. This is an electoral race and the people will decide and the people will decide at the ballot box. That is not significant. The significance lies in this law still being there after the first round on February 17, and after the second round, if there is a second round, the law will still be there.\u00a0 What are we going to do then? Continue to say that it\u2019s politics?<\/p>\n<p>On day we will learn to defend ourselves as a civilized society. I don\u2019t believe that the State is anything but an instrument in favor of the rights of individuals. It is not possible to say the State is right in everything.\u00a0 We are seeing that already. We said the State was right to take the justice system, and there the judges are: \u00a0captured by the Executive. No one can have guarantees with the judges. And who voted?\u00a0 The Ecuadorian people. We have to think that someday the majority will not decide the undecidable.\u00a0 The majority votes for a candidate in good faith and if that candidate betrays what should be respected, the confidence and the legitimacy of that vote is lost. Rafael Correa, I repeat, does not interest me.<\/p>\n<p>I, as a good coastal person I don\u2019t live from the Government, nor for the Government, nor against the Government. I live exclusively by what I know, and here in my country, and I should defend my country, whoever it is, that imposes these barbarities via the National Assembly. Thank you, ladies and gentlemen.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>&nbsp; &nbsp; &nbsp; Download for Free: \u00c1lvaro Noboa: La persecuci\u00f3n y su Resistencia Constitucional. &nbsp; PRESS CONFERENCE JORGE ZAVALA EGAS [January 17, 2013] Jorge Zavala Egas: Thank you very much for attending. \u00a0The objective of having called you together is to transmit to Ecuadorian society a new system of debt collection owed the Ecuadorian state that was brought into effect via a law published on September 26, 2012 and that the public administration in general has begun to apply in, at least let\u2019s say, an exorbitant way. What is the problem? The problem consists of this law being badly applied, allowing any collector from public businesses, public sector institutions, for example, the Internal Revenue Service, the National Customs Service, the Social Security Institute, the National Development Bank and any institution that has the right to collect these debts, allowing them&nbsp;<a href=\"https:\/\/www.alvaronoboa.com\/en\/news\/dr-jorge-zavala-egas-alvaro-noboa\/\" class=\"read-more\">Continue Reading<\/a><\/p>\n","protected":false},"author":15,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[55],"tags":[],"_links":{"self":[{"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/posts\/5959"}],"collection":[{"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/comments?post=5959"}],"version-history":[{"count":1,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/posts\/5959\/revisions"}],"predecessor-version":[{"id":5960,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/posts\/5959\/revisions\/5960"}],"wp:attachment":[{"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/media?parent=5959"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/categories?post=5959"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.alvaronoboa.com\/en\/wp-json\/wp\/v2\/tags?post=5959"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}