Ecuador’s Harsh Drug Laws: A System Overload

The Problem with Law 108

Ecuador has some of the toughest and most unfair drug laws in Latin America, according to a recent study by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA). The country’s drug law, known as Law 108, was introduced in 1991 under strong US pressure. This law has been criticized for its disproportionate sentences that violate human and civil rights.

Unfair Sentencing

Law 108 does not distinguish between small-time offenders and large-scale traffickers. This means that someone carrying a few grams of marijuana could face the same sentence as someone accused of smuggling a much larger amount of cocaine. The law also includes multiple categories under which someone can be accused, often leading to unconstitutional sentences.

Consequences

• Individuals have been sentenced to up to 25 years in prison, longer than for any other crime in Ecuador.
• An illiterate single mother with no previous record who smuggles a few grams of drugs to provide for her children can end up condemned to more years in prison than a murderer.

The Prison Crisis

In 2008, Ecuador’s prisons were the most overcrowded in Latin America, with inmates far exceeding capacity. The courts’ enforcement of Law 108, excessive use of preventive detention, and the perception that detaining people for drug-related crimes is a success indicator have contributed to this crisis.

A Glimmer of Hope

In July 2008, the government implemented a pardon that released around 2,000 small-time dealers and “mules” who had completed at least 10% of their sentence. The study found that recidivism rates among those freed through the pardon were less than 1%.

Proposed Reform

The Ministry of Justice and Human Rights is currently developing proposed legislation to reform the country’s drug law. Edwards hopes that the Ministry continues with the reform process, which will need approval from national legislators if it passes.

Conclusion

Ecuador’s harsh drug laws have created a system overload, leading to overcrowding in prisons and unfair sentencing. The proposed reform could serve as a model for other Latin American countries undergoing similar reform processes.

For more information:

• Sandra G. Edwards, in Ecuador: + (09) 826-3870
• Kristel Mucino, Communications Coordinator: Telephone in Buenos Aires: + (54-911) 5737-2528; in United States + (617) 584-1713