Prisons And The Penitentiary System In Ecuador

Prisons and the penitentiary system in Ecuador

Within the investigation, it was evidenceThis stage from the Constitution of 1830 to 1906. In the second model I found that the social rule of law was reflected that consisted of recognizing social and economic rights, allowing the strengthening of the people, this stage was found between the 1929 Constitution until the 1998 Constitution.

As the last model is the current Ecuadorian Constitution, this being the 2008 Constitution, which has allowed all rights to be treated with hierarchical equality, it has also granted that judges can make their decisions not only for what the law strictly stipulates, if notThinking that the rights of any of the parties are not violated, it is for all the above that it is said that according to these models the constitution of Ecuador has been evolved, so that the rights have been more guarantors and it is aboutequitable and according to justice

However, in Argentina we found that the Constitutions began based on the promulgation of projects in order to organize the country, everything began during 1810, during the following years the formulation of statutes, agreements, agreements and regulations were continued during the following yearsinstitutional that sought to create new transformations for the nation among them that the equality is reflected before the law and that each state of the State acquire autonomy, but governed by the people.

Already by the year 1853 a Constitution was promulgated which was the onlyIt was arranged in order to be able to take care that rights to the people are not violated, at the same time of being the last Constitution for Argentina.

As last search in our country Colombia, the creation of the Constitutions began in order to organize the people, this being a nation characterized by having a great constitutional advance until reaching the current 1991.

The creation of the Constitutions was reflected around 1811 when the country was at the point that each State had its own freedoms, given the one that is said was the first constitution of the State of Cundinamarca, being based on the Constitutionof the United States, then during that year and the following were projected additional constitutions with which they intended to be autonomous governments, but without distinguishing that they sought the same end “based on a representative democracy, in the regulation of the election processes and in theDefinition of citizenship ”, that is to say that the people elected their representatives so that they could make decisions about the population. During this time 14 constitutions of the different provinces and states were reflected until 1821.

In 1832, a new constitution was created with which the country was appointed as the state of New Granada, already in 1843 a new Constitution was established in order to strengthen the power of the president and maintain order in everythingThe national territory, additionally educational reforms were made. Then the 1853 Constitution was established being very important because I eliminate slavery, a good point for the protection of human rights, although for the moment it was not an essential part.

Already in 1858 a new Constitution continued to maintain the idea of an autonomous system, allowing the states to be free to impose their own laws and to choose its president, so that the central State could only intervene in public order problems.

Then the constitution of 1886 with which it was sought to centralize power and unify the states, being the country transformed to the republic of Colombia in which the states became departments, this being the most hard constitution, in which it could bein force for 105 years until the sanction of the Constitution of the year 1991 being this the current Constitution, which I believe the right social state, which seeks to defend the fundamental rights of all people to give a social balance.

• Historical history of prison and prison law

About the history of prison and prison law in Ecuador it was possible to find that it began with a project carried out by President García Moreno (1859-1875), in order to achieve a recovery of society. The foregoing, taking into account there were no chord rehabilitation centers, the vast majority of these were created from the adaptation of houses equipped with security measures, but none still served as a detention center for women, being these put on care for careReligious in houses for charity purposes.

Additionally, we can show the lack of prison policies, in addition to the precariousness of these institutions, it was added that there is no control in these facilities, which reflect torture, unworthy and cruel treatment of the professionals of the centers towards the inmates, to the sameTime problems such as overcrowding. Therefore, by 2011 they created a penitentiary model in order to guarantee the rights of inmates that was implemented in 2013, but remained in the ideal for human rights defenders, because it remains a prioritythe construction of buildings and not the care of inmates.

At present, in Ecuador there is a law of the prison regime that so far remains in the paper, since it has failed to guarantee the rehabilitation of the inmates, which is what is sought at the time of issuing penalties, nor has it beenmanaged to advance so that the rights of inmates are not violated, until a few years ago, exactly less than 3 years we have seen different testimonies of torture and deaths within the prison centers by security officials.

For its part in Argentina, it is not much the information that can be obtained, even so, we find that the first regulation for prisons dictated it in 1855, then act in the Constitution of 1819 for the first time it was established in one of its articlesthat prisons are only for the guardianship of the inmates and not for their punishment. Already in 1853 an addition in the Constitution was carried out on the penitentiary issue in which it was arranged that prisons must be healthy and clean.

Once in 1919 a bill was carried out in which the inmates were sought to train to achieve their resocialization, in addition to offering them education. Thus being in 1933 they established Law 11.833 To be applied in national prisons, having as principles that the prison treatment was given individually, a classification institute was also created in order to study the personality of each detainee and as a last measure instill in the convicted rules ofSocial behavior. This law implants that work was definitively established, that education was mandatory, reduce recidivism and have guidelines for freed, all through social behavior and discipline.

Continuing with the Argentine National Penitentiary Law, it included an observation period, in which medical, psychological and criminological exams should be carried out, which would have the function of defining to what extent the internal had adapted, in this way the rigor of the rigor of the rigor could be evaluatedEstablishment to be able to examine how viable in transitory outputs and probation. As a last measure in Argentina on June 19, 1996, Law 24 was sanctioned.660, called execution of the imprisonment, currently in force.

Unlike Ecuador and Argentina, Colombia has had a greater journey in its prison and penitentiary system, which is why more information about the subject was found, in our country the penitentiary and prison law took its beginnings at the end of the 15th century, timeIn that indigenous communities enforced their integrity to those who committed faults, they imposed death sentences for homicides, torture for thieves, among others, but at that time for them the loss of freedom was not viable. Once time has passed when they arrived at the time of the conquest where laws, seclusion establishments and punishments were imposed for the entire population, it is from here that the prison system starts, because even passing independence left several of the prison models usedDuring the time.

Another advance occurred in 1890, the year in which the first prison for women was created, founded by a group of religious of the good shepherd institution in order to have an adequate place for those women who committed crimes in the nationAnd they had to receive their punishment. 24 years later, exactly in the year 1914 Law 35 was decreed that dealt with everything about punishment establishments, consisting of 8 articles that established who were in charge of said places and how should be their management.

The first penitentiary code was issued in 1934 through Decree 1405, this being very complete about all the relevant issues of the prison system, consisting of three titles with 290 articles, providing within are the rules of behavior of the inmates andSecurity officials of prison establishments, administrative management, policies for officials, behavior and punishments for breach of inmates, etc.

Another important part of these background occurred in 1992 and 1993, this taking into account that for the first year was the creation of the National Penitentiary and Prison Institute – INPEC, established by Decree 2160, “for which the Directorate is mergedGeneral of Prisons of the Ministry of Justice with the Rotary Fund of the Ministry of Justice ”, this decree seeks that said entity comply. And by 1993 law 65 was ordered with which the Penitentiary and Prison Code of Colombia is dictated, today, being an update of the different penitentiary norms and governed so that it is according to the current National Constitution so that it does notThe fundamental rights of the parties (officials and internal) are violated.

• National Legal on Penitentiary and Prison Disciplinary Law

In Ecuador we can find 2 norms that govern the prison and prison right, being the code of execution of penalties and social rehabilitation, this being the first because from here it is that part that by the commission of crimes are established sentences deprivation of liberty making the Penado arrive at the seclusion centers and also the time that will be held, the second is the Ecuadorian Penitentiary Regime Law, with XII chapters and 87 articles, in which it was available at the time and how the penalty should be classified , as the work of the inmates should be, to whom the salaries are directed by remuneration of the work of the inmates, as their education should be, in addition to the management of living conditions interposing their medical assistance in any situation, the discipline rules to which they must be governed and a little about the administration that officials must have in the establishment, which leaves a lot by visual raising taking into account that only 2 articles are available for the regime that the employees of these institutions must follow, making inconsistencies for ill -treatment for years without positive responses despite the complaints despite the complaints despite the complaints.

Within the investigation we can find that in Argentina there are a little more norms that govern the prison disciplinary law, in which it was possible to show that they are more rigorous with the prison issue and its proper functioning, within these we find Decree 18 of 09 of 09January 1997, this being the document regulating the discipline chapter established in Law No. 24.660 of June 19, 1996 by which the Law for the Execution of the Private Penalty was issued in which everything related to the sentences that the inmates must comply with, additionally within what is found is Law 4.880 of May 28, 1987, Law that regulates the organization, behavior, rights and duties that the Penitentiary Service personnel must comply with. Additionally, the National Constitution of Argentina establishes within its article 18 expressly that prisons must be healthy, clean, in addition they must be security institutions and not punishment for inmates.

As for Colombia is Law 200 of July 28, 1955, in which the disciplinary code that is also part of the East to the personnel who provides its services in the prison institutions is provided, this rule dictates what are the rights, duties, duties,infractions and sanctions that must be complied with, likewise, we find Law 65 of 1993, current prison and prison code;Within this, those who and how to fulfill the administrative function, everything related to the prison institutions, rights and duties that the inmates related to work and education within the establishments, faults and sanctions to those punishable by those punishable byFailure to comply with rules of behavior within the entity and other provisions on health, visits and resocialization program of inmates to civil society. There is also Law 415 of December 19, 1997, which adds 3 articles to Law 65 on community work and everything related to departure permits.

• International Legal – Penitentiary and Prison Law (Inter -American System)

In the matter of the Inter -American System we can show that there are no explicit laws or norms that dealWith the inmates in the framework of human rights in the detention centers, within these we find a blog of the Organization of American States (OAS), in which it refers to the principles and good practices on the protection of peopledeprived of liberty, within which we can find good treatment, equality before the law, the special measures to maintain the freedom of a person, the principle of legality that is understood why all the decisions that are made must be governed by theLaw, due process, rights and duties, among others.

We also find the text of human rights and prisons as a training manual for personnel working in prison institutions, carried out by the Office of the United Nations High Commissioner for Human Rights, in order to rehabilitate theinternal without violating their fundamental rights and without degrading treatment. Likewise, there is another article on the standards provided by the International Court of Human Rights – IACH. As a last document we find the treatment regulation, a virtual magazine carried out by the Catholic University of the North, this being written in the same way an article that seeks to defend the rights of inmates in the penitentiary and prison system in Colombia, without leaving asideLatin American penitentiaries.

As we could demonstrate there are no specific norms that treat the subject, only documents and articles that deal with the issue carried out by entities that conducted research on the subject and by institutions that seek to safeguard the human rights of the general population, but that specify in the casehow should the treatment with the persons deprived of the liberty of the American prison and penitentiary entities.