Extradición y garantías constitucionales en el Ecuador.

Abstract

Currently in Ecuador the extradition of persons is only given in the case of foreign care, winning the referendum by popular vote proposed by the President of the Republic, would give way to the amendment of Art. 79 of the CRE, which would admit the extradition of Ecuadorian citizens, with this amendment on extradition will have to reform the extradition law. Extradition requests of persons wanted by the justice system of another country, whether nationals or foreigners, must be submitted to the requesting country through the appropriate diplomatic channels. Once the request has been evaluated by the competent Ecuadorian authorities to determine if it meets the legal and constitutional requirements for extradition. The state must examine whether the crime for which extradition is requested is considered in an international agreement signed by Ecuador or state laws. Regarding constitutional guarantees on extradition, any country that has constitutional guarantees must not only declare them by constitution or law, but also establish safeguards to prevent these guarantees from being violated or disregarded in extradition proceedings. These constitutional guarantees are legal instruments required by States to act in such a way that human rights are respected and guaranteed; these guarantees must be sufficient and effective for their use to produce positive results in favor of those who demand their application or reestablishment.