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Prisión permanente revisable y su viabilidad jurídica en el Ecuador

Abstract:

In this work we set ourselves the objective of determining whether or not the reviewable permanent prison sentence is legally viable in the Ecuadorian legal system. In the first place, we carry out a review of all the countries that apply this sanction both in Europe and in South America -although with other names-. After conducting a meticulous review of the rulings of the European Court of Human Rights -ECDH- and of the Inter-American Court of Human Rights -Inter-American Court, we came to the conclusion that, on the one hand, the ECHR has a clear jurisprudential line which ratifies that, at least for the countries of the European Union, this penalty, although it could be permanent, considering the right to have the sentence reviewed, does not violate the human rights of the convicted, because it does not constitute, torture, or treatment cruel, not inhuman, not degrading. On the other hand, the Inter-American Court, in the cases related to life imprisonment that is in force in Argentina, Chile and Peru, does not condemn said penalty per se, nor has it expressly suggested that it be repealed, as it contemplates the possibility that the deprivation freedom is reviewed. Finally, a doctrinal analysis of articles 201 of the Constitution of the Republic of Ecuador is carried out, which establishes the purpose of the Ecuadorian prison system, and of article 52 of the COIP, which establishes the purposes of penalties in Ecuador, in order to corroborate that the reviewable permanent prison sentence, by conditioning the revocation of the deprivation of liberty to the effective rehabilitation of the convicted person, does not violate said provisions.