Confidentiality in Special Investigation Techniques and the Right to Defense in Ecuador

Abstract

In the Ecuadorian context, the current constitutional model is based on a system of rights and justice, which implies that the human being, with recognized rights, constitutes the central axis of state protection. Accordingly, the main objective is to argue how the application of special investigative techniques during the pre-procedural phase, in accordance with Article 490 of the Organic Integral Penal Code (COIP), under a framework of investigative secrecy, constitutes a violation of the right to defense. To this end, a qualitative methodological approach was employed, utilizing methods such as historical-logical analysis to trace the normative evolution of special investigative techniques. The results demonstrate that the application of special techniques under investigative secrecy can significantly impact the exercise of the right to defense. In the cases reviewed, it was observed that the success of investigative secrecy largely depends on adequate judicial oversight and the existence of legal provisions limiting its temporal application.In Ecuador, the Organic Integral Penal Code (COIP) establishes that investigative secrecy must be strictly regulated to ensure that its duration does not compromise the right to defense.