Lawfare and its violation of Civil and Political Rights as a consequence of

acts of political persecution.

..........................................

El Lawfare y su vulneración de Derechos Civiles y Políticos como consecuencia de actos

de persecución política

Patricio Joel Cisneros Cabrera

Jorge Eduardo Relica Ordoñez

ABSTRACT

The purpose of this article is to analyze what

lawfare is and how it violates the civil and

political rights of individuals. This practice has

been used in different countries to combat

political leaders and activists, and has become

a tool to promote political persecution and

limit civil and political rights. In Ecuador,

Lawfare has been used as a tool of intimidation

and repression of the political opposition.

Opposition activists and leaders have been

subjected to a series of unfounded accusations

in order to limit their ability to mobilize

citizens and participate in politics. These

actions have included arbitrary detention,

censorship, harassment, intimidation and

persecution of activists and opposition leaders.

As a result of these Lawfare activities, the civil

and political rights of the citizenry have been

seriously infringed. In addition, Lawfare has

allowed the government to implement

authoritarian and repressive policies without

allowing citizens to exercise their right to

participate in decision-making. This has

Received: September 13, 2022

Approved: December 02, 2022

...........................................

Lawyer. Universidad Internacional del

Ecuador, pacisnerosca@uide.edu.ec,

0000-0003-1691-123.

Master in Law: Constitutional Law;

jorelicaor@uide.edu.ec, 0000-0001-

7735-9335

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

contributed to a decline in democracy and the

rule of law in Ecuador.

Keywords: Lawfare, Persecution, Politics,

Civil, Political, Rights.

RESUMEN

El objetivo de este artículo es analizar que es el

lawfare y de cómo este vulnera los derechos

civiles y políticos de las personas. Esta práctica

se ha utilizado en diferentes países para

combatir a líderes políticos y activistas, y se ha

convertido en una herramienta para promover

la persecución política y limitar los derechos

civiles y políticos. En Ecuador, el Lawfare se ha

utilizado como una herramienta de

intimidación y represión de la oposición

política. Los activistas y líderes de la oposición

han sido objeto de una serie de acusaciones

infundadas con el fin de limitar su capacidad

de movilizar a la ciudadanía y participar en la

política. Estas acciones han incluido la

detención arbitraria, la censura, el

hostigamiento, la intimidación y la

persecución de los activistas y los líderes de la

oposición. Como resultado de estas actividades

de Lawfare, los derechos civiles y políticos de

la ciudadanía han sido seriamente vulnerados.

Además, el Lawfare ha permitido que el

gobierno implemente políticas autoritarias y

represivas sin que la ciudadanía pueda ejercer

su derecho a participar en la toma de

decisiones. Esto ha contribuido a una

disminución en la democracia y el Estado de

Derecho en Ecuador.

Palabras clave: Lawfare, Persecución,

Política, Civil, Política, Derechos.

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

Introduction

Ecuador is well known for its protection of plaintiffs' civil and political rights at a level

that exceeds that of many European and American countries. Ecuador's active

protection of civil rights serves as a basis for safeguarding political liberties and acts

to limit the effects of lawfare.

Lawfare is an important factor in human rights violations, as it is an active strategy of

a ruling regime to use the legal system against its political opponents, while ensuring

that they do not have the capacity to do so themselves, which generates fear,

oppression and intimidation. Ecuador is an ideal example of the following three

points: lasting protection of such civil and political rights violations has been reduced

as power remains within one faction; collective non-political expression is routinely

censored through mainstream media outlets that have portrayed Internet dissidents

as "traitors"; most of the time, prosecutors are two-faced in acting with different levels

of effectiveness in matters related to law enforcement cases of government

malpractice.

Despite all this Ecuador has maintained the violation of civil and political rights of

civilians by engaging in practices such as the use of lawfare. The participation of

lawfare in political and governmental affairs, such as persecuting someone for their

affiliations and denying them rights.

Circumstantial evidence is being refuted, thus collapsing the credibility of an

individual's personal information, both in terms of this data being inaccessible to

others, and injustices on others directly or indirectly linked to the individual. With this

involvement they often threaten and counterattack using powerful laws to defend

themselves.

The issue raised is that legal warfare is a way to roll back an autocratic regime.

First, at the social level, lawfare can be seen as a reaction to the abuses of power of an

autocratic state. This then is what we can call a humanitarian aspect since for the

oppressed society it appears as its last hope for justice and liberation from its

oppressor.

Notwithstanding this motive and regardless of its effectiveness in bringing about

democratic change, criminal prosecution before the courts stages another form of

legitimization.

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At the criminal level and at the international level, criminal prosecutions serve as

means or instruments to retaliate against and resist politically unacceptable practices

of sovereigns that are undermining the valuable conventions of international society

aimed at preventing or limiting crimes both between individuals and between nations

and states.

Lawfare, when it comes to Ecuador, is something that can be mentioned to the recent

political persecution and violation of civil rights of Ecuadorian citizens. This is a

challenge because with lawfare in place political parties or individuals will not be able

to maintain their political and civil rights as a consequence of acts of political

persecution aimed at undermining democracy. Lawfare as a problem for Ecuador

should not remain as an uncontested fact as it leads to violations of civil and political

rights.

Finally, at the legal level, where legislation exists to regulate what law is applied and

how they are allowed to treat their detainees, reform measures could be made to deal

with the state. Lawfare is the abuse of the law as a weapon in politics and can

sometimes be used as a means to abuse civil and political rights.

Materials and methods

The qualitative method will be used to collect and obtain information. This research is

based on a documentary analysis through archives, legislative texts, laws and news

related to it.

The study of cases will be of vital importance for the development of the research, a

minimum of 7 cases to be studied, since in recent times political persecution has

become more notorious, as is the case of Ricardo Patiño, Rafael Correa, and Jorge

Glas, among others.

Results

Historical background of Lawfare in Ecuador

Ecuador was the first country in Latin America to declare Civil and Political Rights as

the supreme good. But history has been cruel to the Ecuadorian people, it seems that

there have been constant incidents of violations of citizen security, environmental

rights of the people and a society subject to vulnerabilities at all times.

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The law changes and tends to change attitudes toward specific agendas. Modern laws

focus on international human rights by criminalizing cultural practices by

criminalizing the intent to oppress people.

This war of laws is affecting how fundamental rights are for certain groups such as

those in Ecuador. The law classifies disputes as "political persecution" and therefore

punishes people who have violated these rights by criminalizing them.

A violation of Civil and Political Rights occurs when people are persecuted for their

political ideologies or violence is exercised against them. The great detail in this

specific issue is that the definition of lawfare has changed throughout history, but what

remains the same is that politicians exploit legal knowledge as a weapon in their

elections. Lawfare ultimately leads to violations of political and civil rights.

Lawfare from a Latin American perspective

In the region, lawfare has been used to defend victims of human rights violations,

police abuse, war crimes, gender violence, crimes against humanity, among others. It

has been used to achieve reparations for victims, access to justice, and to compel States

to comply with their international obligations. In addition, lawfare has served as a

resistance strategy to oppose authoritarian governments. Human rights activists and

advocacy groups have used lawfare to challenge government policies, and have

succeeded in overturning restrictive laws.

In general, lawfare has been a useful tool for addressing impunity and abuse of state

power, and for promoting and protecting human rights in the region. However, there

are concerns about the abusive use of the strategy, especially in relation to the filing of

unfounded or politically motivated lawsuits.

The definition of Lawfare begins in Latin America and tends to evolve later. Following

this pattern, it is understood that the violation of civil and political rights takes place

when governments use law interventions as a means to affect their opponents. For

example, governments may promote legislation that infringes on human rights in

order to silence opposition groups or punish dissidents.

Civil law: The traditional definition cited by international human rights bodies defines

civil and democratic rights as "a fundamental interest in freedom". (UNIVERSAL

DECLARATION ON HUMAN RIGHTS, n.d.)

The recognition of Human Rights will often imply: Universal suffrage, freedom of

expression, employment in the state apparatus are factors of civil liberty.

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The standards for recognition are of necessary degree of protection against violations

by the State ensuring constitutional guarantees against racist laws or repressive

practices of foreign management and international conventions such as Civil and

Political Rights.

Civil and Political Rights are rights that protect all persons within a geographic area of

a nation, including the right to seek their protection when their country has

disappeared and apply only to citizens or legal residents.

Research in recent years has shown severe biases in some developments in Latin

America. In several cases Lawfare has been perceived to go against civil and political

rights. Whip countries such as Ecuador and Venezuela have shown some approaches

to weaken CPRs that end up becoming Laws that these countries adopt for their

enforcement. In Latin America today it is widely exploited by different countries, not

only to violate human rights (cyber surveillance and use of social networks) but also to

deprive strategic and military activities. To illustrate this phenomenon outside this

region we turn our attention to the United States. They mainly use lawfare and visa

revocation against influential leaders who argue different views from government

policies and are seen as a political threat. People like Lilian Tintori were denied access

to Ecuadorian territory for failing to justify their immigration status. (CNN Español,

2017) Venezuelan political activist Leopoldo López was also denied his request when

he sought asylum in Spain as he only takes refuge inside the European country's

embassy and can remain there. (radio television marti, 2019)

Political persecution is not a new fact in history. The situation differs according to

region, social classes and economic factors.

A significantly high level of such political persecution occurs in Latin and South

America, where the targets are often human rights activists who denounce corruption

or undertake investigations into such cases.

This legal warfare has increasingly become a huge problem for human rights activists

in these areas due to the violations of their civil and political rights as a consequence.

It is common for paramilitary groups to target organizations by forcing them (if they

refuse) due to government pressure through many laws supported by neoliberal

governments.

Lawfare in Ecuador

In Ecuador, civil and political rights violations have increased significantly since the

election of Lenín Moreno. As president, Moreno established laws and infringed on

people's rights to silence potential adversaries through lawfare written into law.

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Simply put, this means he used legal power as a major tool to engage in acts of political

persecution.

For example, President Correa protected the freedom of expression enshrined in the

Ecuadorian Constitution. Although with the introduction of Lawfare he severely

limited sections such as protection against injunctions, appeals, and labor sanctions

Within the government of Lenin Moreno, three phases were identified in which

lawfare was used under the impulse of the executive power to annihilate and neutralize

political opponents; these phases can be defined as: breaking, dismantling and

political annihilation.

Within this first phase we have the breakup, which would come to be of the Alianza

País movement and former President Rafael Correa; such dissolution or breakup takes

place between June 2017 and February 2018; all this led to the resignation of members

of Moreno's government.

In order to better understand this whole context of the politically persecuted, we will

analyze one by one the most relevant cases in recent years in our country:

3.1 Rafael Correa

He was president of Ecuador from 2007 to 2017. Ecuadorian politics has been the

subject of much international speculation lately. Lenin Moreno, Rafael Correra's

successor, was discussing the country's foreign policy with different countries during

his term.

Rafael Correra served as president for nine years before being ousted in 2017 due to a

national insurrection aided in part by clandestine politics and simple social hysteria.

What seems to have happened here is that Correa found himself in a complex dispute

with the local press and protesters that began in his first year of presidency and after

9 years was forced to resign by an opposition coup that used another Ecuadorian

president 2 years earlier. as a precedent, so to speak. This problem also relates to how

powerful corporations impact land policies.

Rafael Correa had fled the country run by Ecuador's dictatorship for protection. Rafael

had been president of Ecuador from 2007 until 2017 when he unsuccessfully

attempted to amend the constitution and become president for life. Now, according to

Rafael, Correa accuses Western powers of conspiring against him with armed

indigenous groups.

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He said this in his explanation of Lawfare as a violation of civil and political rights by

saying that "internal opponents have attacked Ecuadorian democracy since at least

2010," which is when Rafael began his second term as Ecuador's president.

Rafael believed that the attacks on the government by Western countries are due to

"political persecution" that seeks to undermine the cohesion and movement of a

nation-state through scare tactics for their own economic benefits.

A "lawfare" is constituted by the multiple actions undertaken by state authorities and

other powerful factions to persecute individuals and/or their families who oppose their

interests, or those of corporations or specific social groups. The form may target

human rights defenders, trade unionists and protesters, as well as opposition leaders.

In Ecuador, the administration of Rafael Correa has been accused of violating civil and

political rights under the guise of lawfare against his opponents since he took office in

2007. Former President Correa has used 11 different methods for general repression,

such as coercion (capture of activists), adjudication (through the courts), encounters

with various military forces to suppress opponents, and restricting the movements of

indigenous communities with approximately 30% possession privileges.

The former pointed out that lawfare continuously sought to weaken its public image

abroad through a persistent campaign of economic destabilization; he also remarked

that the violation of norms was recurrent in Ecuadorian society since neoliberalism

was established.

3.2 Jorge Glas

He was appointed vice president and executive secretary of the Presidential Council

after Lenin Moreno won Ecuador's 2017 presidential election. This followed a secret

intervention by the opposition backed by the Central Intelligence Agency in an attempt

to overthrow President Rafael Correa. Glas is a person involved in a failed coup in

2010, who also violated campaign finance laws and had key roles in several anti-

corruption scandals. In addition, he served as Ecuador's ambassador to Belgium and

then to China.

Since Glas' appointment, Moreno has prohibited any further legal prosecution against

Glas.

We want to cover the situation in Ecuador and the persecution of President Jorge Glas,

who opposed at the time the prohibition of indefinite reelection. Lawfare has been

used as a tool to strategically target Glas through his exclusion from 4 presidential

debates.

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Glas was attacked by legal means (Lawfare), violating his civil and political rights by

using these laws to prosecute him while in office, largely because he opposes a bid for

indefinite reelection.

In Ecuador, former Vice President Jorge Glas was a fierce oppressor of civil and

political rights. He used the Venezuelan judicial system to persecute political

opponents in contravention of Ecuadorian and international law. Using processes such

as attachable property executions, Glas destroyed that democratic prosperity. His

stance on Lawfare goes against human rights and therefore should not be tolerated by

world leaders.

Glas was accused of "devaluing the large commercial airlines" by accusing them of an

alleged conspiracy to prevent a fellow countryman from canceling reservations for

aircraft developed abroad.

This came as part of a broader campaign against Glas after he took office, his

administration came under investigation in 2016 on charges related to alleged

embezzlement and involvement in "a failed foreign exchange deal" with Chinese

companies.

Glas was one of those guilty of financing Hugo Chavez's administration with public

money, which may eventually lead to his arbitrary arrest by Ecuadorian intelligence

agents under pressure from the U.S. Department of Homeland Security on February

16, 2011.

3.3 Ricardo Patiño

In 2016, Ricardo Patiño, Ecuador's Minister of Foreign Affairs and Foreign Trade,

informed the press that due to an injunction issued by a U.S. court he will be

investigated for "unreasonable tax evasion" as well as other crimes that could result in

15 years in prison or multimillion-dollar fines.

Evidently this type of prejudiced and law-abiding mentality seriously jeopardizes the

democratic rights to which all Ecuadorians should have access.

The U.S. Court is basing part of its decision on investigations executed under

Colombia's State Security Law No. 51 when Rafael Correa was president there during

his time in office before coming to Ecuador around 2010, however, information

obtained from investigations conducted during Ricardo's time as high commissioner.

at the Ministry of Foreign Affairs and Trade is determining that these allegations are

unfounded to date and constitute threats against Ecuadorian sovereignty and its

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foreign trade diplomacy actions in relation to conditionalities imposed by

international institutions such as the IMF.

There are a growing number of cases around the world where governments

systematically violate civil and political rights through the use of legal warfare, where

civic space, means and legal defense are restricted.

The malicious use of international, regional and national laws to repress the

opposition is on the rise, a technique called Lawfare.

In Ecuador since November 24, 2017, the trial against Ricardo Patiño for his alleged

participation in an attempted coup d'état on September 30, 2017 continues. According

to the IPU (International Press Union).

Ricardo Patiño, Ecuadorian Foreign Minister, spoke at The Hague on "Lawfare and its

criminalization: the case of Ecuador".

He said the court had overlooked evidence of "political persecution of Ecuadorians

who oppose us" in public statements. It had relied on false accusations and its decision

left no doubt that "what we are facing is that it is lawfare."

First pointed out by Nicaragua to justify the isolation of democratic voices in

Nicaragua, the U.S. interventions gave an even broader scope to the strategy of legal

warfare.

Government troops with rifles were attacking unarmed protesters in front of President

Correa's office on September 30. Internal perpetrators have been waging ruthless

persecution against opponents, including legislators and journalists, through arbitrary

arrests and judicial processes that violate basic due process rights.

Better known as 'lawfare', this malicious trend targets human rights defenders,

democratic coalitions and dissidents fighting for their civil rights.

3.4 Fernando Alvarado

Lawfare, also known as legal warfare, is a strategy of political persecution that has been

used in countries such as Ecuador. The former president of Ecuador, Rafael Correa,

used lawfare to persecute his political opponents, including his government's former

Minister of Communication, Fernando Alvarado. Correa's abuse of lawfare against

Alvarado began when Alvarado was fired from his post for dissenting with the

president.

Correa initiated a series of judicial proceedings against Alvarado, accusing him of

embezzlement of public funds, misuse of official information, among other charges.

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These judicial proceedings were conducted without evidence and without due process,

and were carried out with the objective of intimidating and harassing Alvarado and his

supporters. Correa's objective was to silence his political opponents, thus preventing

the opposition from presenting a viable alternative to Correa's government. Alvarado's

persecution not only affected him but also his followers. Many of them were arrested

and imprisoned without evidence and without due process. This demonstrates the

abusive use of judicial power by the Correa government, and the way in which lawfare

can be used to persecute those who are critical of the government.

Despite all efforts to persecute Alvarado, he remained steadfast in his fight for the

democratic rights of the Ecuadorian people. Finally, President Lenín Moreno repealed

Correa's decree banning freedom of expression, allowing Alvarado and other

opponents to once again dissent with the government. This marks an important point

in the struggle for democracy in Ecuador.

3.5 Wilson Pastor

During Correa's administration, Wilson Pastor was one of the main targets of his

campaign of political persecution. Pastor, a former education minister, was accused of

corruption and was imprisoned in 2012. Although he was later released when a court

of law found him innocent of the charges, Pastor was a victim of lawfare during the

Correa administration. Lawfare is a legal warfare strategy that refers to the use of the

law as a means of political persecution. This strategy generally involves the abusive

use of the law to persecute political adversaries through judicial processes,

confiscation of property, blocking of financing, among other things.

In Pastor's case, former President Correa used lawfare to try to silence one of his

staunchest critics. The corruption accusations were used as a way to intimidate Pastor

and divert attention from the political and economic problems facing the country. This

strategy has been a common element in Ecuadorian politics in recent years, and has

contributed to polarization and growing political instability. In conclusion, the

analysis of Wilson Pastor and lawfare as a means of political persecution in Ecuador

should be understood as a form of intimidation of opponents of the Correa

government. This strategy has contributed to the growing political polarization in the

country, and has harmed many innocent people.

3.6 Alexis Mera

Lawfare is a war tactic where legal mechanisms are used to persecute a person for

political purposes. This tactic was used against the former legal secretary of the

Ecuadorian government, Alexis Mera. Several judicial processes were created against

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Mr. Mera, all with the purpose of discrediting him and eliminating him from the

political scene. These included accusations of corruption, human rights violations, and

other charges. Ecuador's attorney general's office conducted an investigation against

him in an attempt to prove that he had committed several crimes.

The Ecuadorian government also used lawfare tactics to try to silence Mera's voice.

This included attempting to censor the media that gave him space to express his

opinions. In addition, the government accused Mera of having used public resources

to finance the presidential campaign of his party, the Alianza País Movement. This

accusation triggered a series of legal proceedings against him, with the aim of silencing

his voice and eliminating him from the political scene. Fortunately, the movement of

resistance and support for Mera was so great that the Ecuadorian government was

forced to abandon its attempt to silence him. Eventually, the charges were dropped

and Mr. Mera was exonerated of any criminal responsibility.

Since taking office in Rafael Correa's government in 2007, Mera has faced a lawfare

campaign led by former President Correa, who accuses him of being an "internal

enemy" and holds him responsible for the alleged failure of his government. Former

President Correa used the law to try to destroy Mera's reputation and professional

career. In recent years, former President Correa attempted to accuse Mera of

corruption, embezzlement and influence peddling, accusations that have been

dismissed by the Ecuadorian courts. Likewise, former President Correa has attempted

to hold Mera responsible for the alleged failure of his government. This includes

accusing him of having interfered in certain judicial processes and of having

influenced some magistrates to obtain political results.

In addition, former President Correa has tried to silence Mera and his supporters by

using the law to limit their freedom of expression and prohibit the holding of events

and meetings, such as blocking a protest march called by Mera and his party.

In conclusion, lawfare has been a tool used by former President Correa to try to

persecute and destroy Alexis Mera in Ecuador. This has led Mera to be unjustly

convicted on unfounded charges and to suffer violations of his fundamental rights,

such as freedom of expression.

Mera stated that he has been the subject of dozens of trials and criminal proceedings,

without having been able to determine the existence of criminal contacts. Some of

these trials have been carried out under the Conflict of Interest Control Law, a law

designed to combat corruption and impunity in the country. This law has been used as

a tool to harass and persecute those who oppose the government. In addition, Mera

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has also been the victim of a smear campaign and intense surveillance by the state

media. This smear campaign has contributed to limiting the scope of her political

activities, as it has contributed to the creation of a social climate in which dissent is

perceived as a threat to the regime.

In conclusion, lawfare has become a tool increasingly used by authoritarian regimes

to persecute their opponents. In the case of Alexis Mera, this has led to the application

of draconian laws, a systematic defamation campaign and increased surveillance by

the state media. This has contributed to the limitation of his freedom of expression

and limited the scope of his political activities.

3.7 Pedro Delgado

In the case of Ecuador, lawfare has been used against Pedro Delgado, a former

Ecuadorian banker and politician who was the presidential candidate of the CREO

movement in the 2017 presidential elections. After the election, Delgado was accused

of allegedly financing his election campaign with money from a private company. This

led to a government investigation and a series of legal proceedings against him.

In recent years, Delgado has been the subject of several court cases, many of which

have been brought through the legal figure known as lawfare. This has included civil

lawsuits, criminal prosecutions and other legal proceedings that have been used to

limit his actions and restrict his freedom of expression. In particular, Delgado's

lawyers have argued that lawfare has been used as a form of political persecution to

limit the impact of Delgado and his political movement CREO. This has led to a series

of accusations of human rights violations and abuse of the judicial system.

Overall, the Pedro Delgado case demonstrates how lawfare can be used as a form of

political persecution to limit an individual's or group's freedom of expression and

action. This practice is not only unjust, but can also have negative effects on democracy

by limiting the ability of citizens to express their political opinions.

Conclusions

Lawfare has become a powerful tool used by the Ecuadorian government to combat

judicial and legal actions brought by various actors, including human rights

organizations and journalists.

The Ecuadorian government has used Lawfare to conduct an online smear campaign

and to file lawsuits and civil suits against those who criticize the government or its

policies.

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Lawfare has been an effective tool to curb the exercise of freedom of expression and

investigative journalism, leading to increased censorship in the country. Lawfare has

also been used to limit the activity of human rights organizations and other human

rights defenders, leading to a decline in the performance of these organizations.

The use of lawfare practices in Ecuador has generated great concern among defenders

of freedom of expression and human rights, as it has contributed to a climate of

censorship and fear.

Lawfare is a legal and media strategy that has been successfully used by some actors

in Ecuador to achieve political and economic results. In recent years, the Ecuadorian

government has faced a variety of lawsuits, accusations and claims for compensation

in international courts. This strategy has proven successful for the actors that have

used it, as the results have been the return of funds, the establishment of new policies,

the conduct of investigations, and the closure of some cases. This has allowed the

Ecuadorian government to establish a legal framework for strengthening human rights

and protecting citizens' rights. Although lawfare is a useful tool, it can also be a double-

edged sword if not used responsibly. Therefore, the government must work to ensure

that lawfare is used to promote human rights and the welfare of the citizenry.

References

Buenos Aires Lawyers for Democracy (May 2018).

Some considerations on the lawfare

phenomenon (Guerra Jurídica). Retrieved

from Instituto de Estudio y Administración

Local :

https://perio.unlp.edu.ar/catedras/comyddh

hlic/wp-

content/uploads/sites/152/2020/08/3-

Abogados-y-abogadas-de-la-pcia.-de-

Buenos-Aires.-Algunas-consideraciones-

sobre-el-fen%C3%B3meno-Lawfare.pdf

Alba Movements (August 14, 2020). Union and

solidarity of Our America against political

persecution in Ecuador. Retrieved from Alba

movimientos :

https://albamovimientos.net/union-y-

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

solidaridad-de-nuestra-america-contra-la-

persecucion-politica-en-ecuador/

Albujas, J. G. (2020). Lawfare and its insertion in

Latin America . Nullius: Journal of critical

thinking in law, 1-31. Retrieved from

https://revistas.utm.edu.ec/index.php/revist

anullius/article/view/2619/2758

Almeida, D., Kohler, F., & Pazmiño, C. (July 6,

2020). Political Persecution. Retrieved from

Crisis:

https://www.revistacrisis.com/etiquetas/per

secucion-politica

Aroca, R. P. (June 29, 2020). Political persecution in

Ecuador hits bottom . Retrieved from nodal.

News from Latin America and the Caribbean :

https://www.nodal.am/2020/06/persecucio

n-politica-en-ecuador-toca-fondo-por-

ricardo-patino-aroca/

National Constituent Assembly (2002). Political

Constitution of the Republic of Ecuador.

Retrieved from georgetown.edu:

https://pdba.georgetown.edu/Parties/Ecuad

or/Leyes/constitucion.pdf

Casado Gutiérrez, F., & Sánchez Figuera, R. (2020).

Lawfare in Ecuador: state actions discredited

by international bodies. Nullius: Journal of

critical thinking in law, 1-17.

Casado Gutiérrez, F., & Sánchez Figuera, R. (March

2020). Lawfare in Ecuador: State actions

discredited by international bodies.

Retrieved from ResearchGate:

https://www.researchgate.net/publication/3

40618966_Lawfare_en_Ecuador_Las_accio

nes_del_estado_desacreditas_por_organis

mos_internacionales

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

CNN Español. (March 15, 2017).

cnnespanol.cnn.com. Retrieved from

https://cnnespanol.cnn.com/2017/03/15/lili

an-tintori-no-fue-admitida-en-ecuador-

porque-iba-a-hacer-actividades-politicas/

Colantuono, P. Á. (October 24, 2018). Parecer issued

on the occurrence of lawfare in Ecuador .

Retrieved from Lawfare Institute :

http://lawfareinstitute.com/wp-

content/uploads/2019/04/Parecer-Lawfare-

Institute-24-10-18_Esp.pdf

Copani, A. (2022). El lawfare en América Latina y

su impacto en la vigencia de los derechos

humanos. Buenos Aires: Ediciones SAIJ.

Retrieved from Argentina.gob.ar:

https://www.argentina.gob.ar/derechoshum

anos/el-lawfare-en-america-latina-y-su-

impacto-en-la-vigencia-de-los-derechos-

humanos

UNIVERSAL DECLARATION OF HUMAN

RIGHTS. (n.d.). disabilitycouncil. Retrieved

from www.consejodiscapacidades.gob.ec

Descalzo, O. V. (November 17, 2022). Lawfare or the

self-goal of the corrupt. Retrieved from

Forbes.ec:

https://www.forbes.com.ec/columnistas/law

fare-o-autogol-corruptos-n24962

Ecuador checks (October 13, 2022). Rafael Correa

denounced the State for alleged persecution.

Retrieved from Ecuador chequea. by

Fundamentos:

https://ecuadorchequea.com/rafael-correa-

denuncio-al-estado-por-supuesta-

persecucion/

El Comercio (April 23, 2022). Political persecution.

Retrieved from El Comercio :

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

https://www.elcomercio.com/tag/persecucio

n-politica/

Escobar, M. K. (August 31, 2022). Lawfare and its

infringement of civil and political rights as a

consequence of acts of political persecution.

Retrieved from dspace.unl.edu.ec:

https://dspace.unl.edu.ec/jspui/bitstream/1

23456789/25990/1/MagdaKatherine_Escob

arEscobar.pdf

Spain, S. (April 12, 2021). Lasso promises no

persecution: "That's over in Ecuador".

Retrieved from El País :

https://elpais.com/internacional/2021-04-

12/la-victoria-de-lasso-en-ecuador-abre-

una-transicion-con-demandas-sociales-

urgentes.html

Galarza, I. M. (July 3, 2018). Lawfare,

judicialization of politics. Retrieved from

Dialoguemos. The academy in the community

: https://dialoguemos.ec/2018/07/lawfare-

judicializacion-de-la-politica/

Gallegos, J. R. (February 19, 2021). Ethnography of

a resistance: crisis, persecution and elections

in Ecuador. Retrieved from Celag.org:

https://www.celag.org/etnografia-de-una-

resistencia-crisis-persecucion-y-elecciones-

en-ecuador/

Gallino, G. E. (April 22, 2022). Lawfare as a ritual

of public degradation. Notes for discussion

from an Argentine case. Retrieved from

Revista digital :

https://revistadigital.uce.edu.ec/index.php/

CONTEXTOS/article/view/3724

Gallino, G. E., Ferreri, L., & Castano, C. A. (2022).

Lawfare as a public degradation ritual. Notes

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

100

for discussion from an Argentine case. Texts

and contexts, 24.

Guevara, A. (2020). Lawfare in Ecuador. Retrieved

from Scribd:

https://es.scribd.com/document/537665114

/El-lawfare-en-Ecuador#

Hechos Ecuador Noticias (March 21, 2022). The

politically persecuted in Ecuador. Retrieved

from Youtube:

https://www.youtube.com/watch?v=sDvDD

TdLkOM

Herdoíza, S. B. (July 9, 2018). Lawfare in the

Republic of Ecuador . Retrieved from

Asamblea Nacional, República del Ecuador :

https://www.asambleanacional.gob.ec/es/bl

ogs/soledad-buendia/56513-lawfare-en-la-

republica-del-ecuador

INREDH. (February 25, 2019). 247 cases of political

persecution were registered during the

government of Rafael Correa, assures

Informe. Retrieved from INREDH. For the

human rights of peoples and nature :

https://inredh.org/247-casos-de-

persecucion-politica-se-registraron-durante-

el-gobierno-de-rafael-correa-asegura-

informe/

L., E. I. (May 4, 2022). A new chapter of political

persecution in Ecuador. Retrieved from

Rebelión : https://rebelion.org/un-nuevo-

capitulo-de-persecucion-politica-en-el-

ecuador/

The Hour (November 29, 2022). 'Lawfare' or all

free. Retrieved from The Hour:

https://www.lahora.com.ec/editorial/lawfar

e-o-todos-libres/

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

101

La Hora (November 3, 2022). Llorería y lawfare en

el documental del correísmo. Retrieved from

La Hora:

https://www.lahora.com.ec/pais/lloreria-

correista-lawfare-documental-correa/

La Vanguardia (October 17, 2019). Ecuador's

government has initiated persecution of

correísmo according to jurist. Retrieved from

La Vanguardia:

https://www.lavanguardia.com/internaciona

l/20191017/471032578468/el-gobierno-de-

ecuador-ha-iniciado-persecucion-al-

correismo-segun-jurista.html

Meléndez, C. (2017). Ecuador: A decade of

correísmo. Retrieved from Scielo :

https://www.scielo.cl/scielo.php?script=sci_

arttext&pid=S0718-090X2017000200413

Montaño, D. (November 29, 2021). These are the

characters of the correísmo that face (or

faced) justice. Retrieved from GK:

https://gk.city/2021/11/29/perseguidos-

politicos-correismo/

Prensa Latina (April 17, 2022). Former president

denounces political persecution in Ecuador.

Retrieved from ElPaís.cr:

https://www.elpais.cr/2022/04/17/expresid

ente-denuncia-persecucion-politica-en-

ecuador/

Proner, C. (October 26, 2022). The lawfare scheme

in Ecuador and its similarities with Brazil.

Retrieved from Diario Jurídico.com:

https://www.diariojuridico.com/la-trama-

del-lawfare-en-ecuador-y-sus-similitudes-

con-brasil/

Radio Pichincha (May 24, 2020). Political

persecution and co-government with the

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

102

right wing marked the first 3 years of Lenin

Moreno's administration. Retrieved from

Radio Pichincha:

https://www.radiopichincha.com/la-

persecucion-politica-y-el-cogobierno-con-la-

derecha-marcaron-los-primeros-3-anos-de-

gestion-de-lenin-moreno/

radio television marti. (May 6, 2019).

radiotelevisionmarti. Retrieved from

https://www.radiotelevisionmarti.com/a/bo

rrell-precisa-que-leopoldo-l%C3%B3pez-no-

puede-pedir-asilo-en-la-

embajada/238496.html

Ramires Santoro, A. E., & Frias Tavares, N. L. (2019).

The use of the penal system as political

lawfare. Palemo University Law Review , 151

- 175. Retrieved from

https://www.palermo.edu/derecho/revista_j

uridica/pub-17/Revista_Juridica_Ano1-

N17_06.pdf

Raus, D. M. (September 28, 2022). Lawfare exists

and is not the patrimony of any ideology.

Retrieved from Latinoamérica21. :

https://latinoamerica21.com/es/el-lawfare-

existe-y-no-es-patrimonio-de-ninguna-

ideologia/

Editor (January 9, 2023). Political persecution in

Ecuador-Film Se fue a volver. Retrieved from

Maremoto (maristain). Only culture:

https://monicamaristain.com/la-

persecucion-politica-en-ecuador-pelicula-se-

fue-a-volver/

Redacción primicias (August 10, 2020). El álbum de

los 15 prófugos o asilados del correísmo.

Retrieved from Primicias:

https://www.primicias.ec/noticias/politica/a

lbum-15-profugos-gobierno-correa/

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

103

Redacción primicias (November 10, 2021).

Correístas denounce political persecution

due to 'Pandora Papers' report. Retrieved

from Primicias:

https://www.primicias.ec/noticias/politica/c

orreistas-persecucion-politica-informe-

pandora-papers/

Web Editor (April 27, 2022). Chancellor of Ecuador

assures that there is no political persecution

in the country. Retrieved from El Telégrafo.

El Decano Digital:

https://www.eltelegrafo.com.ec/noticias/act

ualidad/44/ecuador-apelar-asilo-correa

Romano, S. (2020). Lawfare and neoliberalism in

Latin America: an approach. Retrieved from

South America: Journal of Social Sciences:

https://fh.mdp.edu.ar/revistas/index.php/s

udamerica/article/view/4662

Romano, S. M. (2020). Lawfare and neoliberalism in

Latin America: an approach. Revista

Sudamericana , 14-40. Obtenido de

https://oaji.net/articles/2021/8368-

1617642654.pdf

Romano, S. M. (2021). Lawfare as a research agenda.

Nullius, Journal of critical thinking in law , 1-

15. Retrieved from Nullius:

https://ri.conicet.gov.ar/bitstream/handle/1

1336/166310/CONICET_Digital_Nro.93269

0bd-37d2-4c36-996c-

c92b09ea4266_B.pdf?sequence=2&isAllowe

d=y

Romano, S. M. (August 26, 2022). Lawfare in Latin

America: war against politics. Retrieved

from nodal. News from Latin America and the

Caribbean:

https://www.nodal.am/2022/08/el-lawfare-

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

104

en-america-latina-guerra-contra-la-politica-

por-silvina-m-romano/

Romano, S., & García Fernández, A. (April 13, 2020).

Lawfare in Ecuador: U.S. and the Bribery

Case. Retrieved from celag.org:

https://www.celag.org/lawfare-en-ecuador-

eeuu-y-el-caso-sobornos/

Romero, E. S. (August 22, 2018). The 'lawfare': legal

war against democracy. Retrieved from

teleSURtv.net:

https://www.telesurtv.net/opinion/El-

lawfare-guerra-juridica-contra-la-

democracia-20180822-0010.html

Ruiz, J. R. (n.d.). CELAG Lawfare Observatory.

Retrieved from celag.org:

https://www.celag.org/observatorio-

lawfare/

SDHArgentina (December 2, 2021). Special

roundtable: Lawfare in Ecuador: the cases of

Rafael Correa and his political movement.

Retrieved from Youtube:

https://www.youtube.com/watch?v=5tThrlK

o8P4

Secul Giusti, C., López Alcalá, L., & Lagneaux, M. A.

(2021). A concept to translate: lawfare, legal

persecution and media attack. Retrieved

from Proceedings of Journalism and

Communication:

https://perio.unlp.edu.ar/ojs/index.php/act

as/article/view/6811

SWI. swissinfo (November 8, 2018). Correa

denounces "political persecution" in Ecuador

after court ruling. Retrieved from SWI.

swissinfo.ch:

https://www.swissinfo.ch/spa/correa-

denuncia-una--persecuci%C3%B3n-

Lawfare and its violation of Civil and Political Rights as a consequence of acts of political persecution.

Vol 3 - No 1 January - June e-ISSN 2745-1194 Pages 83-105

105

pol%C3%ADtica--en-ecuador-tras-

decisi%C3%B3n-judicial/44531240

teleSUR - JGN. (April 19, 2019). Ecuador

government persecutes opposition

politicians? Retrieved from teleSURtv.net:

https://www.telesurtv.net/news/excanciller-

ecuador-denuncia-persecucion-politica-

20190419-0006.html

UGT (July 22, 2020). New cases of political

persecution in Ecuador and Bolivia.

Retrieved from UGT. :

https://www.ugt.es/nuevos-casos-de-

persecucion-politica-en-ecuador-y-bolivia