The percentage of women imprisoned for drug offences in Ecuador is consistently higher than that of men. Over the last 15 years, between 65 and 79 per cent of the female prison population in Ecuador were detained for drug offences. In 2009, 80 per cent of the women held in El Inca, the largest women’s prison in the country, were there for drug crimes.
With the 'amnesty for drug mules' the government of Rafael Correa sought to repair some of the harm done by the law, sending a very clear signal to the country and the world. Following the approval of the COIP in February 2014, the Office of the Human Rights Defender reviewed the cases presented in the period between the 2008 amnesty and the enactment of the new law, resulting in 1,065 people being released from jail in November 2014.
More information can be found in this article in the Ecuadorian press (in Spanish)
5. What does the law say about drug use? Is drug use or possession for personal use a crime in Ecuador?
On the subject of drug use, the contradiction between the constitution and the current law and practice is in the process of being rectified.
Article 30 of Law 108 on Narcotic or Psychotropic Substances stipulates that "the detention of drug users is prohibited.- No-one shall be deprived of their liberty for having been found under the effects of controlled substances." In Article 62, however, it criminalises the possession of controlled substances. Furthermore, Article 51 of the Organic Law on Health emphatically prohibits recreational or voluntary use of narcotic or psychotropic substances: “The production, sale, distribution and use of narcotics, psychotropic drugs and other addictive substances is prohibited, except for therapeutic use as prescribed by a doctor, which shall be controlled by the national health authority, in keeping with the relevant law.”
Thus, drug use is criminalised in practice. But Resolution 001-CONSEP-CO-2013 issued by the Ministry of Public Health and the Executive Secretariat of CONSEP now stipulates that the possession of quantities up to an established limit should not be assumed to be a crime, with the upper limit being considered the borderline between drug use and trafficking. "For the first time in this country, this resolution sets the thresholds that determine the quantity of various drugs in grams that anyone is allowed to possess or carry without arbitrarily being considered a criminal." [See the table prepared using figures from the study by Jorge Paladines, “The health response to the illicit use of drugs in Ecuador.” This study is part of the research by CEDD, “In Search of Rights: Drug Users and State Responses in Latin America.”]
Thresholds for the possession of illicit drugs in Ecuador
Substance
|
Quantity
|
Marijuana
|
10 grams
|
Cocaine Base Paste
|
2 grams
|
Cocaine Hydrochloride
|
1 gram
|
Heroín
|
0,1 gram
|
MDA
|
0,15 grams
|
MDMA
|
0,015 grams
|
Amphetamines
|
0,040 grams
|
6. Is there compulsory treatment for dependent drug users? Are there drug courts in Ecuador?
In Ecuador – as in many other countries – much of the health service is in the hands of the churches. The so-called “rehabilitation” of problem drug users is only available in four public health centres, and the rest of the facilities offering it are private or church-run. In extreme cases, the “treatment” includes torture and abuse.
The new approach to the subject of drugs places the emphasis on public health. Consequently, the system that provides care to users requires effective regulation and state control. A Ministerial Agreement of 11 May 2012 establishes the “Guidelines for the regulation of recovery centres for the treatment of people with addictions or dependency on psychoactive substances”.
In 2013, the Ministry of Public Health began to investigate the treatment facilities operating in the country, intervening in those centres operating without official permits. In the last quarter of 2013, more than 500 people were freed from clandestine “clinics”.
Even though the idea of establishing drug courts has so far not been taken up by policy decision-makers in Ecuador, some of the country’s political groups are continuing to propose that these courts be set up. The organisation Criminal Justice Ecuador (American Bar Association –ABA– and Rule of Law Initiative) actively promotes the introduction of Drug Courts, leading to several disagreements with the then Transitional Judicial Council and the National Assembly. Its proposal states:
“The Drug Courts model is a system in which drug addicts who meet certain requirements may be sent for treatment instead of continuing with the conventional criminal trial, under a mutual agreement between the prosecution and the defence and the supervision of a judge. These Courts are administrative bodies characterised by the intensive treatment of users, court supervision of that treatment, which could include mandatory drug testing and regular meetings with the judge to monitor progress, and consequences for non-compliance and failure to complete the treatment. The Drug Courts model has been very successful in reducing reoffending rates and the overburdening of the justice system caused by cases of possession of small quantities of drugs for personal use. For all these reasons I believe that our proposal should interest you” (Amado, A. (2012). “Oficio No. 95069 dirigido al Arquitecto Fernando Cordero”. Quito: Asamblea Nacional).
Information drawn from “The health response to the illicit use of drugs in Ecuador.” (in Spanish)
7. What is Ecuador’s stance in the international debate on drug policy?