Régimen de rehabilitación semiabierto en el delito de obstrucción a la justicia y la tutela judicial efectiva

Abstract

The prison system in Ecuador has evolved throughout history. The first prison was the García Moreno Prison in 1869, in which people who committed some types of crime were locked up and were only allowed to read the Bible. Nowadays, there are several prisons, including those in Guayaquil, Quito, Cuenca, Latacunga and Ambato. The penitentiary system is in charge, through the state, of executing the punishment of a person who has committed a crime with the aim of rehabilitating him and then being able to be reintegrated into society through activities required and stipulated in the Reglamento de Rehabilitación Social. For this reason, the problem arises from the reform that was carried out on August 17, 2021, in relation to the matter of anti-corruption in the Reform Law to the Comprehensive Organic Criminal Code, in which access to the semi-open regime is prohibited for the crime of obstruction of justice that has a criminal typology within the group of illegal acts that are violating effective judicial protection. Subsequently, this reform entered into force in Article 698 of the Comprehensive Organic Criminal Code, which makes it impossible to propose the semi-open social rehabilitation regime to persons deprived of their liberty who have committed the crime of obstruction of justice. What is stipulated above is contrary to what is established in the República del Ecuador, according to what is embodied in article 425 of the norm, which establishes that all infra-constitutional regulations must be in accordance with it; and, article 698 of the Comprehensive Organic Criminal Code does not allow access to justice to persons deprived of liberty who intend to file the semi-open rehabilitation regime, which is violating the right to effective judicial protection since there is an express norm that denies that claim and that does not allow the protection of constitutional rights through an adequate and technical defense.