The Erosion of Habeas Corpus as a Mechanism for Impunity and Corruption in the Ecuadorian Judicial System

Abstract

This scholarly article analyzes the distortion of the habeas corpus remedy in the Ecuadorian judicial system and how its misuse fosters impunity and undermines trust in institutions. The primary objective is to examine cases in which this judicial remedy is used for purposes other than those established in the Constitution, thereby hindering the enforcement of criminal sentences. Using a qualitative methodology, the research reviews the Constitution, legal regulations, and key rulings of the Constitutional Court of Ecuador (such as rulings No. 209-15-JH/19 and No. 98-23-JH/23) to interpret the scope of this guarantee. The results show that a ruling in favor of a person deprived of liberty does not automatically constitute an abuse of this guarantee. However, the problem arises when it is used for purposes unrelated to its nature or when judges disregard procedural rules. Four recurring patterns of abuse were identified: the intervention of judges lacking jurisdiction, inadequate analysis of health-related claims, the unjustified extension of rulings to third parties, and the repeated filing of procedural actions. Furthermore, the study emphasizes the need to distinguish between procedural irregularitieswhich can lead to impunity and actual acts of corruption, which require concrete evidence of illicit benefits or influence peddling.