In a potentially significant development for international law, the National Court of Justice of Ecuador has decided that former vice president Jorge Glas must remain in jail despite his denouncement of his arrest at the Mexican Embassy as illegal. The decision came on Friday and followed a series of international petitions.
Notably, Jorge Glas’s arrest had been initiated at the Mexican Embassy last week, which later raised a controversy between Mexico and Ecuador over a forced raid, leading to Mexico suspending diplomatic relations with Ecuador. The habeas corpus petition filed to request his release was linked to this incident which sparked a series of petitions to international organizations.
During the hearing that lasted more than 12 hours, the Family Chamber of the National Court of Justice acknowledged Glas’s arrest as arbitrary. They further noted that the Ecuadorian state violated Glas’s rights by neglecting to follow the national procedure for raiding diplomatic premises, as outlined in Article 428.4 of the Comprehensive Penal Code of Ecuador.
However, Judge Heredia decided against Glas’s immediate release, stating another order of deprivation of liberty against him existed, which is distinct from the one that prompted the habeas corpus action. She did reaffirm the need for justice to guarantee and safeguard the rights of people deprived of their freedom.
In response, Glas’s lawyer expressed gratitude to the international community for their support and stated they would appeal the court’s judgement until Glas’s freedom was achieved. She also highlighted an alarming claim made by a representative of the armed forces who justified the torture of Glas as a state policy of discipline.
Further complicating the case, Glas, during his testimony, revealed his intention to meet with the German consul due to his dual nationality. Berlin’s Foreign Affairs Ministry demonstrated keen interest in the situation and efforts have been made to establish direct contact with Ecuadorian authorities.
As it stands, Glas will continue to be held at the maximum-security facility, La Roca prison, in southern Ecuador. This case serves as a critical reminder of the role of international law and diplomacy in situations of legal dispute, where the alleged breaches of normative legal provisions require close scrutiny. This story is developing and will be followed closely by legal professionals worldwide.