Abstract

ARANDA-YANEZ, Manuel Ramiro; QUINTANA-CIFUENTES, Marco Vinicio  and  MERINO-SANCHEZ, Wilson Yovanny. Habeas corpus and its application to persons deprived of liberty in Esmeraldas, Ecuador, 2021. Noesis [online]. 2025, vol.7, n.esp1, pp.2030-2046.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.577.

The research was framed within the debate on the use and possible distortion of habeas corpus in Ecuador, accentuated by the prison crisis and the effects of the pandemic. The objective was to identify procedures or legal loopholes exploited by persons deprived of liberty in Esmeraldas during 2021. A qualitative methodology was applied, with a bibliographic/documentary review and an analytical-synthetic approach, and two representative cases processed in the local jurisdiction were analyzed. The analysis revealed attempts to abuse the law through requests aimed at obtaining alternative measures; however, the majority of judges in Esmeraldas conducted a thorough examination of the facts and rejected the claims when no illegal detentions or violations were proven. It was concluded that, rather than regulatory gaps, the misuse of the remedy predominated, and it was therefore deemed necessary to clarify and reform the applicable instruments to prevent their negligent use.

Keywords : Prisoners' rights; legal procedure; prison; administration of justice..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )