Caso Guzmán Albarracín y otros vs. Ecuador – sentencia emitida por la Corte Interamericana de Derechos Humanos

Abstract

This investigation focused on specifying whether, according to the criteria of the Inter American Court of Human Rights, the State complied with the obligations derived from its competence for the correct development of the criminal procedure, based on the sentence issued on June 24, 2020, for the Case Guzmán Albarracín et al. Ecuador. Through a documentary study and the comparison of the current regulations, in space - time, in which the act - origin of the controversy - and the current regulations took place, managing to identify the assessment that the Court issues on the fiscal action, in order to to frame these actions with their functions (nature and competence) of the investigative entity in the criminal process, specifying compliance with the basic investigative lines, thus showing the importance of the judicial body in charge of directing the criminal process, as it is the prosecution. Since the issuance of the sentence, there have been reports that demonstrate the shortcomings in the educational field, since "sentimental" acts were normalized, between an authority and the students, but little has been said about the investigative actions that occurred after the Death of Paola Guzmán, which affects the representatives of the victim and makes the case reach international instances. As the Prosecutor's Office is an essential axis of the Judicial Function, in charge of directing investigations within the criminal process, in crimes of public action, it is of vital importance to analyze the qualification given by the Court, since it defines it as inefficient or inactive, since who was in charge of violating the rights of the party in the criminal process.