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Ecuador’s Constitutional Court prohibits prisoners from escaping sentences with precautionary measures

The Constitutional Court of Ecuador decided this Thursday that people arrested to serve prison sentences will not be able to request constitutional precautionary measures with the aim of regaining their freedom.

In its decision, the highest court of guarantees revoked the precautionary measures issued with the aim of illegally granting freedom to twenty-three people who were in prisons serving firm sentences.

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The decision of the Ecuadorian Constitution established guidelines for a recurring phenomenon in the administration of Justice, where experienced criminals managed to regain their freedom thanks to the request for precautionary measures when they alleged violation of rights or risks to health or life while in prison.

In this sense, the court stated that “Constitutional precautionary measures requested by people deprived of their liberty are inadmissible when they are intended to interrupt the effects of criminal sentences and illegitimately recover their liberty.“, then he concluded that”These types of requests must be rejected outright.”.

On numerous occasions, these appeals were filed in courts in jurisdictions other than the place where the affected person was located, so that the Constitutional Court highlighted that the judge competent to resolve the complaint must be from the place where the threat or violation of rights originates or where its effects would occur.

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If inadequate precautionary measures have been granted, the revocation appeal is the most effective mechanism to prevent them from coming into effect and must be resolved as quickly as possible.”, noted the Constitutional Court.

Likewise, he anticipated that he sent the decision to the Prosecutor’s office is for Judicial Council initiate corresponding investigations and determine whether there are administrative and/or criminal responsibilities in cases involving justice operators and sponsored lawyers.

Source: Elcomercio

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