La Influencia de la Sentencia de la Corte IDH en el Caso Tibi vs. Ecuador en la Consolidación de los Derechos Constitucionales y la Protección de los Derechos Humanos en el Sistema Legal Ecuatoriano.

Abstract

When we talk about justice in Latin America, we also must talk about open wounds. It's not just about laws or institutions; it's about real people who have been hurt. In many of those cases, the Inter-American Court has been a source of support, especially when States have failed. Tibi v. Ecuador, which was decided in 2004, is one of those cases that people still remember. There were random arrests, torture, and a legal process that was full of serious problems. This text doesn’t aim to simply summarize the ruling. What I want is to reflect on what that decision has meant—or hasn’t—for Ecuador. Have we changed anything since then? Did that ruling really shake our foundations? Yes, there have been some improvements. People are talking more openly about their right to due process and personal freedom. People are also more aware of the respect for the dignity of everyone who is in jail. But we can't say that everything has gotten better. We still have impunity, a lot of officials aren't trained properly, and the prison system is just in crisis. We need more than just speeches; we need action. Cases like this don’t just live in legal textbooks. They force us to face our own realities, our failures, and also our potential. They’re an uncomfortable reminder—but a necessary one. Because while the Inter-American Court can’t singlehandedly change entire States, its rulings can shake things up, stir the ground, and open space for real conversations. Of course, that only works if there are ears willing to listen—and the will to act.