Inexistencia de un procedimiento especial para las investigaciones sobre desaparición de personas en la legislación procesal penal ecuatoriana

Abstract

This paper reflects a conscious study of the undersigned, whose interest in an issue arose as a reaction to the shock caused by the statistics published significant disappearances of people currently living in our country; and, for the reasons you want to believe, have not been resolved favorably; in our view, there is a flaw, and severe; which violates constitutional principles and legal certainty, enshrined in Article 82 of the Constitution of the Republic of Ecuador; and art. 393, for human security, among other rights of freedom and protection; being that, in the absence of previous standard, authorities must attend proceedings unregulated or at least drawn to trouble, and without foundation, running the risk that they do not keep consistent with constitutional norms, and also are inconsistent and inoficiosos and many times do not pass the mere role; Therefore, since there are cases where, armed notebooks of various bodies, with no positive results have been.

The theme is very extensive, and very new in our legal reality, therefore, my wish is that the same, serve as promoter for future studies concerning its solution; or at least reach that those groups most affected by this phenomenon, requiring a radical change in the procedure currently set, which has failed to respond to the needs and claims of society.