Absence of Public Policies in Ecuador to Prevent Drug Trafficking Crimes

Abstract

In recent years, Ecuador has been experiencing a serious crisis of prison overcrowding characterized by high rates of violence that spills onto the country's streets, with the largest prison population in the country for drug-related crimes (trafficking and micro-trafficking). Current crime prevention policies result in increased penalties and the creation of new criminal types that favor incarceration, which demonstrates the lack of effective comprehensive policies, as well as the absence of the application of alternative methods of conflict resolution. This has prevented a true rehabilitation and reintegration of individuals who have committed typical anti-juridical and guilty conducts.
The Ecuadorian legal system recognizes the alternative dispute resolution methods provided for in Article 190 of its Constitution, however, its current adaptation does not apply to the criminal offense of trafficking in narcotic and psychotropic substances on any scale. Different international organizations have recommended to the States the application of restorative justice in criminal matters. This mechanism has been developed in different legislations over the years due to the advantages and effectiveness of the process. The restorative justice method not only aims to reduce the commission of crimes by reducing prison overcrowding, but also helps the offender to take responsibility and the victim to satisfy his or her needs.