Right to physical integrity of persons deprived of liberty in the deprivation of Liberty Center N1: El Oro del Canton Machala

Abstract

The physical integrity of persons deprived of liberty, normatively protected by international legal instruments, the Constitution and the Organic Comprehensive Criminal Code, has been the object of serious attacks in detention centers, including N1: El Oro del Canton Machala, a situation about which warnings had been made through studies, reports, visits, and even jurisdictional pronouncements. Among the fundamental causes that have given rise to violations of bodily, psychological, moral or sexual integrity is prison overcrowding, since this is a center for which there is only space for 500 people, however, 1300 are confined, without enough area to live, eat, rest, work or study in peace and harmony. The objective was to analyze physical integrity as a constitutionally established right to freedom in Ecuador and the effects on the aforementioned deprivation of liberty center as a consequence of prison overcrowding and the violation of other fundamental rights. The legal theoretical study with a qualitative approach allowed confirming the violations of the personal integrity of persons deprived of liberty in the Center for the Deprivation of Liberty N1: El Oro del Canton Machala as part of the prison crisis that Ecuador is suffering.