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judiciary of Ecuador, overcrowding and precarious living conditions in the prisons.
Some trials lasted at least two years, and there were heavy prison sentences of
twelve to sixteen years.
Provisional detention was established to investigate, before beginning the criminal
law action, whether a crime had been committed. This detention could not surpass
48 hours. If a person was provisionally detained for a period longer than that set
forth in the law, he must be released ex officio by the judge. However, in practice,
the detainee had to request release.
Preventive incarceration, a personal
precautionary measure, was not subject to a specific maximum duration.
It
continued indefinitely.
At the time of the events, the Criminal Code set forth the cases of immediate release
of those accused of a crime, but excluded those accused of crimes punished by the
LSEP.
Ecuadorian legislation in force at the time of the facts set forth that persons
authorized to conduct detentions should identify and present the order issued by a
competent authority, which should specify the reasons for the detention and explain
the rights of the detainee.
In regards to the order of preventive incarceration, notification had to be personal.
In practice, once the court order to investigate an alleged crime had been issued, the
summons did not take place personally, but rather was taken to the prison and the
copy of the court order to investigate an alleged crime was deposited in the file and
the indictee did not receive a copy.
During the substantiation of the proceeding, the preliminary examination statement
by the accused should be heard by the judge within 24 hours of the time when the
accused was brought before him. This period could be extended another 24 hours, if
the judge deemed it necessary. In practice, the first statements were made before
the district attorney and the agent of the judiciary police, and the judge was rarely
involved in hearing said statements.
According to the Ecuadorian legislation in force at the time of the facts, the stages of
the criminal proceedings had a certain maximum duration: 1) the indictment, no
more than 60 days; 2) the intermediate stage, no more than 19 days; after this
time, the judge issued either an order of dismissal or one to begin the full trial, and
these orders could be appealed within three days of when they were notified; 3) the
full trial stage was processed before the criminal court; and 4) an appeal was in
order when, after the judgment had been issued by the respective court, the parties
filed a cassation remedy, for which they had three days time; if they did not do so,
the sentence was executed.
In no case should the judge admit the co-accused as witnesses; their statements
should have no evidentiary value.
There are variants of dismissal in Ecuadorian law. Provisional dismissal is ordered if
the judge deems that it has not been shown that there was a crime, or if it has been
shown that there was one, those guilty have not been identified, or there is
insufficient evidence of participation of the indictee. Once provisional dismissal of
the criminal proceeding has been ordered, the proceeding is suspended for five
years. When provisional dismissal of the charges against the accused has been
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