A/HRC/4/40/Add.2 page 9 B. Legal framework for detention International instruments ratified by Ecuador 27. The Republic of Ecuador has ratified the major international human rights instruments. Political Constitution and the rights that it guarantees 28. The Constitution is the supreme law of the land and takes precedence over all other legal norms. Part III (arts. 16-96) sets out the rights that it guarantees, covering both civil and political rights and economic, social and cultural rights. The State guarantees and recognizes the right to freedom (art. 23.4) and the right to due process and to justice without delay (art. 23.27). 29. Article 24 of the Constitution establishes the basic guarantees to be respected to ensure due process, stipulating that no one may be interrogated without the presence of an attorney. Any judicial, pretrial or administrative proceedings that fail to comply with this requirement lack evidentiary effect. 30. Article 24 of the Constitution also establishes the principles of the presumption of innocence, of res judicata, of the right to be tried by a competent judge and of the right to a defence. It also establishes that no one may be deprived of liberty unless this is done pursuant to a written order by a competent judge, except in a case of arrest in flagrante delicto. Even then, the person may not be held without a court order for more than 24 hours. 31. Under article 24.8 of the Constitution, pretrial detention may not exceed six months for cases punishable by an ordinary prison term, or one year for cases punishable by long-term imprisonment. Detention in the framework of the criminal proceedings 32. On 13 January 2000 the new Code of Criminal Procedure was adopted, which transformed the inquisitorial procedure into an adversarial one, with the use of oral proceedings in which each side has the right to submit its case and to reply to the case of the other side. This change was prompted by the need to halt abuses under the former, inquisitorial system and by a desire to increase the weight given to oral submissions in criminal proceedings. 33. Article 160 of the new Code establishes precautionary measures relating to both personal and material protection. Personal protection measures include detention and pretrial detention. Detención en firme was added at a later stage. Material protection measures include prohibiting defendants from disposing of their property and the confiscation, impoundment and distraint thereof. (a) Arrest 34. A person caught in flagrante delicto or immediately after committing a publicly actionable offence may be apprehended and brought to the competent judge within 24 hours. Arrests in flagrante delicto may be carried out either by police officers or by any individual.