La vulneración de la presunción de inocencia, por el uso indiscriminado de la prisión preventiva en el Ecuador, periodo 2020-2025

Abstract

Abstract:This research study systematizes the violation of the presumption of innocence in Ecuador resulting from the indiscriminate application of pretrial detention, without adhering to the requirements established in Article 534 of the COIP (Comprehensive Organic Criminal Code). The application of this personal restrictive measure without meeting established standards infringes upon individuals' right to liberty and contributes to prison overcrowding in the country. In recent years, the National Government has declared an internal war to "combat" organized crime; however, this declaration has paved the way for violations of constitutional rights such as liberty and the presumption of innocence effectively turning pretrial detention into a form of anticipatory punishment. Furthermore, judges who have ordered measures other than pretrial detention have faced disciplinary proceedings by the Judicial Council or have even been removed from office, thereby also undermining the separation of powers within the Ecuadorian state. Through an analysis of national and international legal frameworks, as well as constitutional and conventional jurisprudence, this study demonstrates the violations of the right to the presumption of innocence that occurred during the period under review.