La desnaturalización de las medidas cautelares autónomas en favor de personas privadas de libertad

Abstract

Abstract: Review Judgments No. 12-23-JC/24 and No. 28-23-JC/24 issued by the Constitutional Court of Ecuador revealed a serious distortion of the autonomous precautionary measures granted to persons deprived of their liberty. Therefore, these constitutional guarantees, which are exceptional in nature due to their urgency, gravity, and imminence, and whose purpose is to prevent violations of rights enshrined in the Constitution and international human rights instruments, were misapplied by judges to grant freedom to persons deprived of their liberty with final convictions for serious crimes such as murder, contract killing, arms trafficking, illicit association, bribery, money laundering, and organized crime. It is evident that the judges granted these autonomous precautionary measures without proper territorial jurisdiction and without reinforced justification, thus violating the provisions of Article 27 of the Organic Law on Jurisdictional Guarantees and Constitutional Control. Additionally, they applied inter-community effects without proper motivation or justification, so the benefits were extended to other inmates. The Constitutional Court concluded that the autonomous precautionary measures granted were not intended to protect rights but rather to suspend legitimate court rulings, thus violating the principle of legality and seriously affecting legal certainty. The effects of these rulings led to the dismissal of the judges, who are currently serving sentences for crimes such as malfeasance and organized crime.