The use of pretrial detention in Ecuador: analysis of its application, abuse, and consequences in the context of human rights

Abstract

The objective of this article was to analyze the use of pretrial detention in Ecuador, considering its frequency and the problems it generated in relation to the fundamental rights of defendants. To this end, a doctrinal and jurisprudential study was conducted, which reviewed both national regulations and international standards regarding procedural guarantees. The methodology applied consisted of a descriptive and analytical study, supported by a review of specialized literature, jurisprudence from the Constitutional Court, and pronouncements from international human rights organizations. The results showed that pretrial detention, far from being an exceptional measure, has become a recurring practice in the Ecuadorian justice system, leading to a violation of the principle of the presumption of innocence, worsening prison overcrowding, and limiting social reintegration processes. Likewise, paradigmatic cases were identified in which the abuse of this measure was the subject of pronouncements and recommendations by international bodies, which underscored the need to strengthen respect for procedural rights. In conclusion, it was found that pretrial detention should be applied with a safeguarding approach and in accordance with international human rights standards. Regulatory reforms and the implementation of alternative mechanisms to deprivation of liberty, such as less harmful precautionary measures, are proposed, which would help balance the need for justice with the protection of fundamental rights.