The impact of pretrial detention on the presumption of innocence and the right to liberty

Abstract

The presumption of innocence is a fundamental principle of criminal and procedural law, ensuring that every person accused of a crime is considered innocent until proven guilty. In Ecuador, this right is enshrined in the 2008 Constitution and in international treaties ratified by the country, such as the International Covenant on Civil and Political Rights and the American Convention on Human Rights. However, its practical application faces several structural and operational challenges within the judicial system. This literature review analyzes the normative and jurisprudential evolution of the presumption of innocence in the Ecuadorian context, highlighting key rulings by the Constitutional Court that have strengthened its interpretation and scope. The study critically examines the excessive use of pretrial detention, which often becomes a form of anticipated punishment that undermines due process. Official statistics reveal an imbalance between convictions and acquittals, suggesting flaws in the assessment of evidence and violations of this principle. The research also identifies factors that compromise judicial impartiality, such as media pressure and the improper use of prior criminal records. To address these issues, the study proposes enhanced training for judicial operators, strict exclusion of illegally obtained evidence, and the promotion of a culture that upholds fundamental rights. Ultimately, it concludes that reinforcing the presumption of innocence in Ecuador requires sustained institutional commitment, effective legal reforms, and a more rights-based and equitable approach to justice.