Requirements for Pretrial Detention in Ecuador from the Perspective of the Inter-American Court of Human Rights’ Conventionality Control

Abstract

Justification: Pretrial detention in Ecuador raises tensions between its application, the protection of personal liberty, and Inter-American human rights standards. Objective: To analyze the consistency between the requirements set forth in Article 534 of the Comprehensive Organic Criminal Code (COIP), interpreted in conjunction with Resolution No. 14-2021 of the National Court of Justice, and the standards developed by the Inter-American Court of Human Rights. Methodology: A qualitative, descriptive-analytical, bibliographic, and documentary study was conducted. Five judgments of the Inter-American Court of Human Rights against Ecuador concerning pretrial detention, two domestic judicial decisions, and specialized literature were examined. Results: Formal convergences were identified between Article 534 of the COIP and Inter-American standards; both recognize exceptionality, subsidiarity, and the requirement of adequate reasoning. At the same time, while Article 534 of the COIP allows the severity of the penalty and the existence of indicia to be interpreted as sufficient grounds for detention, Resolution No. 14-2021 of the National Court of Justice expressly requires procedural risk to be established as an autonomous requirement, in line with Inter-American case law. Conclusion: Strengthening conventionality control and ensuring effective compliance with Resolution No. 14-2021, rather than pursuing legislative reform, represents the most direct means of preventing pretrial detention from being imposed contrary to Inter-American standards.