La implementación de los jueces sin rostro en el Ecuador.

Abstract

Faceless judges are part of a specialized justice system for the prosecution of certain crimes. Said system arises as an imminent response to the impossibility of the State to guarantee the safety and life of the officials of the judicial apparatus. The purpose of this essay is to study the compatibility and applicability of a system of faceless judges for the new Anti-Corruption Judicial Unit created by the Judicial Council. Its creation and emergence will depend on the non-transgression of rights such as due process, impartiality of the judge, legal certainty, right to a natural judge and the defense of the defendant. Within the present work the nature, function, object and social factors that determine the birth of faceless judges in a justice system are explained. In addition, the applicability or not of the system of faceless judges will be described for the new Anti-Corruption Judicial Unit created by the Council of the Judiciary, exposing reasons and solutions to the problems encountered. In Colombia, neighboring country was the pioneer in establishing faceless judges, plagued by crime and violence expressed through new demonstrations and especially the consolidation of certain armed groups, are the main background to the emergence of faceless justice. Thus, we can see that Colombia, with a small geographical territory and approximately in the 1990s with 36 million inhabitants, had one of the highest rates of homicide and criminality in the world. We can also cite that faceless justice may have been born in our neighbouring country in response to a growing trend of criminal actions against persons involved in the administration of justice, including lawyers. According to data from the Andean Commission of Jurists (Colombia), between 1979 and 1991,515 cases of violence against lawyers, judges and magistrates were recorded, of which 278 were homicides. Given theXI different social and legal realities between countries such as Ecuador, Colombia and Peru, it is necessary to conduct an analysis regarding the compatibility of a specialized justice system in our normative and jurisprudential system. In order to be able to observe whether or not the system of faceless judges is viable, we must demonstrate the limits on the subject imposed on us by our domestic legislation, such as the Constitution itself and the Organic Code of the Judiciary, but also taking as reference local and international jurisprudence that refer to due process and faceless judges. Faceless justice creates a legal conflict with respect to the rights guaranteed to the accused in both international treaties and domestic legislation that may be undermined by this special system of justice. In Ecuador, the Constitution is the most senior legal instrument, and al