Fragmentación del non bis in ídem como garantía constitucional en delitos de derechos humanos en la legislación ecuatoriana.

Abstract

In the present case analysis on the fragmentation of the Non Bis In Idem guarantee in cases reopened by the truth commission itself that was created by executive decree 305 issued by the economist Rafael Correa then as the President of the republic of Ecuador due to the fact that a large number of Ecuadorians were victims of the violation of their rigth among these cases, which we used as judicial reference number 07283-2016-00525 of the facts of the present case it is known that through the promotion of the commission of truth ordering the reopening of the trial process of Messrs. GALO ARMIJOS, HUGO ONTANEDA, LUIS FLORES, SOCRATES ORDOÑEZ, ELUCIO CHAMBA, MANUEL GUAMAN AND PEDRO BERMEO,who in 1987, through file No 07121-1987-0233. In the trial they were declared acquitted of the alleged crimes of murder and ilegal deprivation of liberty ratifying their state of innocence by an absent opinión of the prosecutor who requested the dismissal of the case, base don these facts, the defense of the defendants claims the violation of the Non Bis In Idem. The present case has the particularity that the defendants in their time were already tried for the aforementioned crimes in the year 1987 where the judge issued an act of provisional dismissal against them accepting the theory of the defense on the alleged lynching committed at the hands of the populace.