The impact of pretrial detention on the guarantee of the right to presumption of innocence

Abstract

The content of this scientific review article has its origin in the consequences of the application of pretrial detention, compared to the right to the presumption of innocence. The number of cases that are seen daily in Ecuador, in which suspects are deprived of liberty with the measure of preventive detention and are subsequently acquitted by resolution, entail consequences that affect (economic, psychological, etc.) not only the subject, but also the State.

Therefore, in order to arrive at a criterion that discusses the above, the following topics have been developed: The judicial system in Ecuador, it is important to know what are the mechanisms that in the Ecuadorian criminal system are used to guarantee the rights and procedures, and to impart justice; Precautionary measures, whose main function is to avoid the threat against constitutional rights or human rights recognized in the Constitution of the Republic of Ecuador, as well as in international treaties; Finally, reference is made to the right to the presumption of innocence, a fundamental right that the Constitution of the Republic of Ecuador, in accordance with other international standards, must protect at all costs, without allowing other rights, such as the right to liberty, to be violated.

The results of this research have allowed us to develop a discussion on the issue raised, which ultimately leads us to conclude that the right to liberty is restricted by the rules governing the behavior of human beings; that the justice system applies pretrial detention mechanically, without observing other details; and that the guarantee of the right to the presumption of innocence is not effective in Ecuador.