Análisis de la medida cautelar de prisión preventiva y su incidencia en el sistema penitenciario del Ecuador

Abstract

At present, the excessive use of the pre-trial detention precautionary measure and prison overcrowding is an indisputable reality in Ecuador, which has been considered a failure for the prison system. Therefore, this research reflects the indiscriminate use of this measure and the lack of applicability of other preventive measures of a personal nature contemplated in the Organic Integral Penal Code, which serve the same purpose. Still, their application would cooperate in reducing prison overcrowding. For this reason, through information collected by the National Service for the Comprehensive Care of Adults Deprived of their Liberty and Adolescent Offenders, it was possible to quantify the accurate figures on the number of persons deprived of their liberty in Ecuador, the number of persons being processed while awaiting trial, the percentages of overcrowding in Ecuador's prisons, and the lack of application of precautionary measures other than pre-trial detention. According to the established analysis, preventive imprisonment is subject to improper use because of its application there is a notable violation of rights, principles, and guarantees inherent to the personality of the human being, which the Constitution of the Republic and International Human Rights Instruments recognizes.