La prisión preventiva en el Ecuador: análisis crítico desde los estándares de la Corte Interamericana de Derechos Humanos

Abstract

Pretrial detention is the most restrictive precautionary measure in criminal proceedings because it deprives a person of liberty while that person continues to enjoy the constitutional and conventional presumption of innocence. This article critically examines its regulation and application in Ecuador under the standards developed by the Inter-American Court of Human Rights, in dialogue with the Ecuadorian Constitution, the Comprehensive Organic Criminal Code and the case law of the Constitutional Court. The study follows a qualitative, documentary and legal-dogmatic approach based on normative, jurisprudential and doctrinal analysis. The findings show formal convergence between Ecuadorian law and Inter-American standards regarding exceptionality, necessity, proportionality, individualized reasoning, time limits and periodic review. Nevertheless, structural risks remain whenever detention is used automatically because of the seriousness of the charge, public pressure, weak investigations or general deterrence. The article concludes that conventional compliance depends not only on statutory requirements but also on rigorous judicial practice requiring prosecutors to prove concrete procedural risks, expressly rule out less restrictive alternatives and continuously review whether detention remains necessary.