Right to asylum and the urgency of a new legal approach to extradition in Ecuador

Abstract

With the intention to analyse the normative regulation regarding the figures of political asylum and extradition in Ecuador in the last decade, was realize this study, speckling concepts and internal and international regulations and their significance have been addressed, emphasizing the conflicts that arise between both legal figures. Through a non-experimental cross-sectional methodological design, the justification applied to the political asylums granted to former Ecuadorian public officials was evaluated, who at the same time face extradition processes for committing various illegal acts and judged by ordinary justice. The choice of this topic was motivated by the notorious lack of mechanisms in view of the conflict that arises between both legal institutions. As will be seen in the development of this text, the accused and sentenced are protected under asylum so as not to return to the country of origin and avoid their convictions. In this sense, the causes for which these situations occur have also been studied, in order to evaluate the alternatives that optimize the current legal framework regarding this problem.